Facts About Sexual Orientation and Gender Identity

Local Ordinance 201-99 (Fairness Ordinance) protects individuals against employment discrimination on the basis of sexual orientation and gender identity.

Sexual Orientation is defined as “an individual’s actual or imputed heterosexuality, homosexuality, or bisexuality.”

Gender Identity is defined as “having a gender identity as a result of a sex change surgery” or “manifesting, for reasons other than dress, an identity not traditionally associated with one’s biological maleness or femaleness.” 

It is unlawful to discriminate against any employee or applicant for employment because of his/her sexual orientation and / or gender identity in regard to hiring, termination, transfer, discipline, benefits, promotion, compensation, job training, or any other term, condition, or privilege of employment.  Local ordinance 201-99 also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain groups.  In addition, it is unlawful to discriminate against anyone because of marriage to or association with an individual who is a member of these protected classes. 

The Fairness Ordinance cannot prevent an employer from:

a.    Enforcing an employee dress policy which may include restricting employees from dress associated with the other gender, or

b.    Designating appropriate gender specific restrooms or shower facilities.

Harassment

 Harassment on the basis of sexual orientation or gender identity violates Local Ordinance 201-99.  Jokes, offensive or derogatory comments, or other verbal or physical conduct based on an individual's sexual orientation and/or gender identity constitutes unlawful harassment if the conduct creates an intimidating, hostile, or offensive working environment, or interferes with the individual's work performance.

Non-Covered Entities

Provisions of the Fairness Ordinance shall not apply to religious institutions or to an organization operated for charitable or educational purposes, which is operated, supervised, or controlled by a religious corporation, association or society except that when such an institution or organization receives a majority of its annual funding from any federal, state, local or government body or agency or any combination thereof.