|
|
The following are model policies from the ACLU Lesbian & Gay Rights Project. Each of these models is designed to be customized. Places where you need to choose alternative wordings, or where you need to supply local information, are shown in [BRACKETS].
Most of the models also need a few words of explanation, which is included. (Most of the models use the phrase "actual or perceived" after the words "sexual orientation and gender identity." If you include definitions of sexual orientation and gender identity in your proposal, the "actual or perceived" phrase should be in your definition, so you can drop it from the text of the law or ordinance.)
A typical "drop in" repeats the whole text of whatever law or policy you are amending, and simply adds the phrases "sexual orientation" and "gender identity" at the end of each list of groups protected by the law or policy. Many "drop ins" also add a new section, defining sexual orientation and gender identity. See Model H for the wording of possible definitions.
If you use this kind of a drop in, you'll probably need a short statement explaining the policy. Here is a suggestion:
This amendment to [name of city/jurisdiction or company]'s nondiscrimination [law or policy] adds sexual orientation and gender identity to the list of characteristics which can not be used to discriminate. It adds the words "sexual orientation" and "gender identity" to each list of people whom the [law or policy] protects.
Here is an alternate model for a "drop in"; this model combines the drop in itself with the short statement, for a proposal which describes how the drop in works.
The phrases "sexual orientation" and "gender identity " are added to each list of protected groups in [for a government, insert name and legal reference to civil rights law; for a company, insert the name of the policy].
This [law or policy] makes discrimination based on sexual orientation or gender identity (actual or perceived) illegal under [name of city/jurisdiction or company]'s [law or policy] which forbids discrimination based on race, religion, marital status, sex, national origin [adjust this list so it contains the groups covered by the existing law or policy] ([insert the name and legal reference to the existing law or policy here]).
C-1. For a company or government which is adopting a law or ordinance which will apply to itself:
[Name of city/jurisdiction or company] will not discriminate in any way on the basis of sexual orientation or gender identity (actual or perceived).
C-2. For a government which is adopting a law or ordinance to require that those who do business with it agree not to discriminate:
Anyone who sells goods or services to the city under a written contract, or who rents property from the city, must agree not to discriminate on the bases of sexual orientation or gender identity [if necessary (see below) add "in performing the contract or in using the property"]. Therefore, every written contract or rental agreement signed by the [name of city or other agency] will have the following term:
[Name of business, etc.] agrees that it will not discriminate in any way on the bases of sexual orientation or gender identity (actual or perceived) [if necessary (see below) add "in performing the contract or in using the property"]. This term of the contract is intended to benefit and may be enforced by anyone who is discriminated against.
Some laws make anyone who has a contract with the city agree not to discriminate at all. The model does this if you do not include the words in quotes in the brackets. Some laws say that the person with the contract only has to agree not to discriminate in performing the contract. The quoted words in the brackets add that limitation.
Ordinarily, only one of the parties to a contract can enforce it. The last sentence makes it possible for a person who is discriminated against to enforce the agreement.
C-3. For a government which is adopting a law to eliminate discrimination in employment, housing, city services and businesses throughout the area it governs:
Discrimination in employment, housing, city facilities or services or by businesses on the bases of sexual orientation or gender identity (actual or perceived) is illegal in [name of city or other description of jurisdiction]. [Add one or more of the following, as appropriate: "This law can be enforced in a civil lawsuit for any appropriate remedy," "This law can be enforced with a complaint to the [insert name of local commission with the power to hear complaints]," "Violation of this law is a misdemeanor]."
The [name of the Board] of [name of city or agency] ordains:
Section 1. Findings and Policy
(a) Policy. It is the policy of [name of city or agency] to make sure that no one in [name of city or other description of jurisdiction] is subject to discrimination because of her or his sexual orientation or gender identity.
(b) Findings. The [name of board] has held public hearings, and has considered testimony and documentary evidence. The [name of board] finds that discrimination based on sexual orientation and gender identity exists in [name of city or other description of jurisdiction]. The [name of board] finds that discrimination is a serious threat to the health, safety and general welfare of this community. Discrimination creates strife and unrest, and it deprives [name of city or other description of jurisdiction] of its full capacity for development. By throwing able persons out of work and good tenants out of their homes, discrimination is expensive to [name of city or agency], both because of lost productivity and because it increases the demand for services from [name of city or agency]. The [name of board] finds that existing state and federal laws against arbitrary discrimination do not meet this community's needs, so that it is necessary to pass local regulations adapted to the special circumstances which exist here.
(c) Construction and Interpretation. It is the intent of the [name of board] that this [law or policy] be interpreted broadly so that it will prevent as much discrimination as possible.
Section 2. Definitions.
(a) Business Establishment. "Business Establishment" means any person who provides goods, services or accommodations to the public. A business which has membership requirements is still a "business establishment" if its membership requirements: (1) consist only of fees; or (2) consist of requirements under which five percent or more of the residents of [name of city or other description of jurisdiction] could qualify; or (3) include requirements which are illegal under this [law or policy].
(b) Discrimination. To "discriminate" means to subject anyone to different or separate treatment because of her or his actual or perceived sexual orientation or gender identity.
(c) Person. "Person" means any human being and any firm, corporation, partnership or other organization, association or group of persons however organized.
Section 3. Illegal Practices.
(a) In General. It is illegal for any person to discriminate against any person because of his or her sexual orientation or gender identity in:
- Employment: any aspect of employment, opportunities for employment, or union membership;
- Real Estate: any real estate transaction, including the sale, repair, improvement, lease, rental, or occupancy of any interest in real property, and the extension of credit, financing, insurance or services in connection with any of those transactions.
- Business Establishments: the availability or provision of goods or services from any business establishment;
- City Services and Facilities: the use or availability of any municipal service or facility; and
- City Supported Services and Facilities: the use or availability of any service or facility which is supported by the City. This does not apply to facilities or services which only receive assistance from the City which is provided to the public generally.
(b) Association and Retaliation. It is illegal to discriminate against any person in any of the areas mentioned in the section above because of the sexual orientation or gender identity of any person with whom she or he associates. It is illegal to discriminate against any person because she or he supports this act, opposes any act which it makes illegal, exercises any right under it or assists anyone in any way with exercising her or his rights under it.
(d) Notices.
- Requirements. Every employer with fifteen or more employees, every labor organization with fifteen or more members, and every employment agency shall post in conspicuous places where notices to employees, applicants for employment and members are usually posted, this notice:
"Discrimination on the bases of sexual orientation and gender identity is prohibited by law. [insert reference to this law]".
- (2) Alternate Compliance. This subsection may be complied with by adding the words "sexual orientation and gender identity" to all notices required by federal or state law, and saying on the notice that discrimination on the bases of sexual orientation and gender identity is prohibited by [insert reference to this law].
(d) Advertising. It is illegal for any person to advertise that he or she does or will do anything which this [law or policy] prohibits.
Section 4. Civil Remedy.
Any person who violates any provision of section 3(a) will be liable for compensatory damages, costs and attorneys' fees, and a penalty of at least $1,000.00 and not more than $10,000.00.
Section 5. Criminal Liability.
(a) Anyone who violates Section 3(a) or who aids or incites a violation, is guilty of a misdemeanor.
(b) Any person who willfully violates section 3(c) is guilty of an infraction. He or she may be punished by a fine of not more than Fifty Dollars ($50.00) for each offense.
Section 6. Civil Enforcement.
(a) Civil Lawsuit. Any aggrieved person may enforce this [law or policy] in a civil lawsuit.
(b) Injunctions. Any person may bring a civil lawsuit to enjoin any person who commits or proposes to commit a violation of this [law or policy].
Section 7. Limitation on Lawsuits. Lawsuits must be filed within two years of the alleged discriminatory acts.
Section 8. Severability. If any part of this [law or policy] or any application of it to any person or circumstance is held invalid, the rest of the [law or policy], including its application to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, provisions of this [law or policy] are severable and are intended to have independent validity.
Section 9. Waivers. Any agreement (written or oral) which says that any one gives up any right under this [law or policy] is against public policy and void.
E-1. Exception for benefit plans
This [law or policy] does not prohibit the use of marital status limitations in health [and pension] plans if they are otherwise legal.
E-2. Quotas
This [law or policy] does not require [or permit] the use of quotas.
E-3. Quota and like devices.
This [law or ordinance] does not require [or permit] the use of quotas or other similar devices.
E-4. Free Exercise of Religion.
This [law or policy] does not limit the free exercise of religion guaranteed by the United States Constitution.
E-5. Free Exercise of Religion (descriptive).
This [law or policy] does not apply to employment of those who perform ministerial duties (teaching or spreading the faith, performing devotional services or church governance) for an organization whose primary purpose and function is religious. This law does not prevent that kind of organization from restricting membership, services or use of its facilities to those who are members of the same religion.
E-6. Housing -- Roommates.
The section[s] of the this [law or policy] on housing discrimination do not apply to renting space in a single housing unit.
E-7. Housing -- Small Dwellings.
The section[s] of the this [law or policy] on housing discrimination do not apply to renting space in a building which is owner occupied and which has fewer than four units.
F-1. Criminal Law Denial.
This [law or policy] does not legalize any act which is illegal under [name of state] law.
F-2. Teaching Denial.
This [law or policy] does not require the teaching of anything.
F-3. Approval Denial.
This [law or policy] expresses neither approval nor disapproval of any person or group of persons.
G-1. Impact Cases Are Covered.
This [law or policy] applies to practices which have a disparate impact on the bases of sexual orientation or gender identity.
G-2. Marital Status Impact Cases Are Covered.
This [law or policy] applies to acts, practices or policies based on marital status which have a disproportionate impact based on sexual orientation or gender identity.
G-3. Business Necessity Defense to Impact Cases.
Acts or practices which have a disproportionate impact on the bases of sexual orientation or gender identity are not illegal if the person doing them can show they are job related and consistent with business necessity
H-1. The Classic.
Sexual Orientation. "Sexual Orientation" means heterosexuality, homosexuality or bisexuality, actual or perceived.
H-2. Lesbian or Gay.
Discrimination Based on Sexual Orientation. "Discrimination based on sexual orientation" means any kind of separate or different treatment because a person is (or is perceived to be) a heterosexual, a lesbian, a gay man or a bisexual.
If you use the second definition in the "stand alone" (Model D.) you should drop the definition of discrimination.
H-3. A Unified Definition for Sexual Orientation and Gender Identity
"Sexual orientation or gender identity" means actual or perceived homosexuality, heterosexuality, bisexuality, or gender identity or gender-related characteristics, appearance, or mannerisms.
These model laws have been written to include "gender identity" as a separate category. In some cities and states (such as Minnesota), activists have instead decided to amend definitions of sex or sexual orientation to include transgendered people. This is a complicated question that should be thought through in depth, based on what strategy will best meet the needs of local communities and has the most chance of success locally.
Transgender Equality, an activists' handbook by the National Center for Lesbian Rights and the National Gay and Lesbian Task Force, provides advice and insight on how to handle this issue, and definitions that some communities have used. Below are a few common variations.
I-1. The Iowa City Model.
"Gender Identity: A person's various individual attributes, actual or perceived, in behavior, practice or appearance, as they are understood to be masculine and/or feminine."
I-2. A Unified Definition for Sexual Orientation and Gender Identity
"Sexual orientation or gender identity" means actual or perceived homosexuality, heterosexuality, bisexuality, or gender identity or gender-related characteristics, appearance, or mannerisms.
>> Next: Ask for Help
|
|
