Gender Identity or Expression Now a Protected Class within the City of Cleveland
*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.

*Jessica T. Tucci practices in all areas of labor and employment law. For more information about workplace discrimination or any other labor or employment issue, contact Jessica at 216.696.4441 or jtt@zrlaw.com.

This newsletter is not intended as a substitute for professional legal advice and its receipt does not constitute an attorney-client relationship. If you have any questions concerning any of these articles or any other employment law issues, please contact Stephen S. Zashin at 216.696.4441.
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