Legal Language of anti discrimination laws

topic posted Fri, September 21, 2007 - 6:13 PM by  sara
I am currently trying to change the laws/city code of the HRO (human rights ordinance) to include Gender Identity Expression in Tampa, Fl. I have recently attended the Southern Comfort Conference and have seen drafted versions of similar ordinances from other cities. My question is, as members of a community where the laws have already been inclusive of GIE, has the legal language been effective in protecting Trans identifying persons? If you identify as Gender Queer or Trans, do you feel the following definition used in the legal text accurately represents you?

GIE- means a gender-related identity, appearance, expression or behavior of an individual, regardless of the individual's assigned sex at birth.

Is this language too vague? What are your thoughts?

Thank you,
Sara
posted by:
sara
Tampa Bay Area
  • Re: Legal Language of anti discrimination laws

    Sat, September 22, 2007 - 5:18 AM
    i think "gender identity" sums it up...in my workshops, we've always used the term "gender identity/expression" to say it as explicitly, yet concisely as possible. when it comes to the law, however, a more precise definition of what gender expression can entail may be necessary. i'm certainly no legal expert. o:)
  • Re: Legal Language of anti discrimination laws

    Sat, September 22, 2007 - 7:54 AM
    no love, cause i am intersexed, and i feel that know one should be labled, i beleve love knows no gender! i would love anyone if it be lez bi gay str8 trans cd's or tv's or intersexed we are all one in the world we are the human race nothing more nothing less we all bleed the samn nomatter what race sex age or anything ! you see the reson why the human race is the evilist race is because of lables and war everyone jugeing people when we are all just one big happy familey i belve in what rodny king said can we all just get along i can't wait till the day when all of god's children get along and we will all be free at last!
  • Re: Legal Language of anti discrimination laws

    Wed, October 3, 2007 - 5:49 PM
    Hi Sara:

    The State of California has added gender expression, or something similar, to its own anti-discrimination laws. One can now effectively crossdress at work and in theory, not be harassed by management.

    [Government Code Section] 12949. Nothing in this part relating to gender-based discrimination
    affects the ability of an employer to require an employee to adhere
    to reasonable workplace appearance, grooming, and dress standards not
    precluded by other provisions of state or federal law, provided that
    an employer shall allow an employee to appear or dress consistently
    with the employee's gender identity.

    While it is difficult to nail down the state's definition of gender, discrimination by gender is prohibited across the board. Discrimination by BOTH Sex and gender is prohibited (as well as sexual orientation).

    That begs the obvious question, what, to the state, is the difference between "sex" and "gender?"



    Sarah
    • Re: Legal Language of anti discrimination laws

      Wed, October 3, 2007 - 6:12 PM
      Thanks, this is very good! I am glad to hear it.

      This is my fear. Does it still enforce the binary (the GIE definition)? I feel it does. AND here, in Tampa, I would argue that it would not protect cross-dressers because their gender and their expression differ. Our lawyer is saying that employers can still enforce gendered dress-codes. So, though it may protect trans identifying people. It still forces one to pick a side of the fence.
      I guess I am trying to prevent us from changing the legal language again a few (progressive) years down the road because we didn't protect cross-dressers. I just do not want to leave anyone out. Especially with the Genderqueer movement. GIE may not protect them either--
      With the proposed definition for Tampa, that is. Not sure what Cali says.
      Thanks for the Cali example. I will look into it.
      -sara

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