· Why do we need this legislation?
A: Right now Idaho’s Human & Civil Rights Laws protect people on the basis of
age, race, creed, national origin, religion and sex but not on the basis of
sexual orientation or gender identity. The proposed legislation protects people from
discrimination in the areas of education, public accommodation, employment, and
housing. The legislation will help Idaho to attract more businesses, allow potential employees to feel
their gay family will be safe, and enhance the reputation of the state of Idaho
as a fair minded state. It is time for Idaho to ensure that Idahoans have fair
access to housing, education, employment and public services regardless of
whether they are gay or how they personally express their gender. Recent polls
have shown that more than 63% of Idahoans support such a change in Idaho law.
· Who
will this law apply to?
A: To all public and private employers in the state of
Idaho with 5 or more employees. Those offering rental housing with the exception
of owner occupied duplexes and roommate situations. Non religious education
institutions, businesses and public entities offering goods and services to the
public. An exemption is provided for religious organizations. The legislation
also incorporates by reference limitations on application to the Boy Scouts of
America reflecting the Supreme Court
ruling Boy Scouts of America v. Dale 530
U.S. 640 (2000).
·
Doesn’t federal law already provide protection on the basis of sexual
orientation and gender identity?
A: No, there is not yet a federal law protecting Idahoans
against discrimination based on sexual orientation or gender identity.
Many nearby cities such as Salt Lake City and Pocatello have recently passed
such protections but a statewide policy would provide a more consistent
environment for business and would improve services for businesses and employees
by providing investigation and mediation in cases of alleged discrimination.
·
Idaho law allows anyone to be fired at any time anyway (at will), so what
is the point of this legislation?
A: The human rights act provides for investigation,
mediation and other informal actions by Idaho’s Human Rights Commission to
resolve cases of alleged discrimination. Omission of sexual orientation and
gender identity from Idaho’s Human and Civil Rights laws implicitly suggests to
the residents of our state and to prospective businesses that it is acceptable
to discriminate on these bases in Idaho. In addition, this law
addresses discrimination not only in employment but also housing, education, and
public accommodations.
·
How will businesses benefit from this change?
A: The many major Idaho businesses that already have
internal policies prohibiting discrimination on the basis of sexual orientation
and gender identity will better able to attract and retain valued employees if
these employees can be assured that their families are more completely protected
against bias in housing, education, public accommodation, and employment.
·
Why is this legislation in the interest of non-gay people in the state?
A: Inequality and instances of discrimination diminish our
state and its image nationally. Fair employment policies allow Idahoans personal
dignity and a chance to express their full productive capacities. Fairness in
education is essential to ensure equal opportunity for all young people and
guarantees that every parent can expect their child has a chance to learn in a
safe, fair environment.
· Isn’t
being gay a choice and why should we protect people based on a choice they made?
A: Whether or not one believes it is a choice to be gay, a person chooses and can even change religion and yet still is protected from discrimination on that basis. A large percentage of people first become aware that they are gay as early as age 5.
· Are
people really still discriminated against because they are gay in Idaho?
A: Yes. In many workplaces Idahoans live in fear that their
employer will find out they are gay. Every year people lose their jobs or
housing in small towns and cities in professions of all kinds simply because
they are gay. A 2003 survey of 1500 gay people found that the vast majority had
experienced some form of job discrimination. The human rights commission, even
though it is unable to provide mediation or investigation into such complaints,
still does receive complaints each year from individuals who do not know that
discrimination is still legal in Idaho.
· What is gender identity and why is it included in this legislation?
A: Gender identity is simply each and every person’s
personal expression and internal sense of gender. It reflects an internal image
we all have of ourselves. This image falls somewhere on a gender spectrum
between two extremes of gender which for illustration we can call Barbie and G.I
Joe. Gender expression and gender identity can be as simple as many women’s
preference for pants over dresses, a lack of very personal comfort with certain
colors and highly feminine styles, hobbies or professions. Or conversely the
complexities of gender are evident in some men’s distaste for rough or drab
clothing, boots or even professions requiring forceful labor or actions and
attitudes on the more extreme side of the masculine end of the scale. Gender
identity can also be complex and personally difficult as in instances where
those whose personal sense of gender is very far from the gender they were
assigned at birth and for whom gender reassignment surgery may be the only way
for the internal image of themselves to match the person they are outwardly in
everyday life. Very few Idahoans actually complete gender reassignment each
year, though successful transitions have been completed by people in state,
federal, county and private employment in the state of Idaho in the past decade.
Due to federal case law and existing practice, Idahoans have been protected from
discrimination on the basis of gender identity for many years. However,
nationally, the words “gender identity” have been added to state, federal, city
and other laws, including a recent successful Salt Lake City ordinance, to
ensure clarity and because gay people are often fired based on presumed sexual
orientation because of some aspect of their gender expression.