By Jessica T. Tucci
On November 30, 2009, the Cleveland City Council unanimously approved an
ordinance prohibiting discrimination against individuals based on
“gender identity or expression” in employment, housing and public
accommodations. The ordinance adds gender identity or expression to
protections already afforded on the basis of “race, religion, color,
sex, sexual orientation, national origin, age, disability, ethnic group
or Vietnam-era or disabled veteran status.” Gender identity or
expression means “gender-related identity, external presentation of
gender identity through appearance, or mannerism or other gender-related
characteristics of an individual, regardless of the individual's
designated sex at birth.
The ordinance applies to most employers within the City of
Cleveland. Violations of the ordinance carry a potential fine of $1,000
and 30-day jail sentence. To avoid penalty, employers located in the
City of Cleveland, should amend EEO and anti-discrimination policies and
handbook, as well as recruiting and hiring forms that contain any
references to anti-discrimination policies to include gender identity or
expression.
