Proposal to Add Gender Identity & Expression to the UF Non Discrimination Clause December, 2009 Submitted by the Lesbian, Gay, Bisexual, Transgender Concerns Committee, a Presidential Committee appointed by the Provost of the University of Florida. Background: Although an inclusive Employment Non-Discrimination Act (ENDA) is currently being considered by Congress, no federal law at present prohibits discrimination on the basis of gender identity or expression in either employment or education.1 However, a growing number of states, localities, and campuses have enacted laws expressly prohibiting such discrimination. The city of Gainesville incorporated gender identity into its non-discrimination ordinance in 2008, and the citizens of Gainesville reaffirmed their commitment to nondiscrimination in a city-wide vote in March 2009. Universities are also increasingly incorporating protections. All American Association of University (AAU) member institutions, including University of Florida, currently prohibit discrimination based on sexual orientation; however, although a majority of AAU member campuses also expressly prohibit discrimination based on gender identity or expression, UF does not. To uphold its commitment to equality, maintain consistency with local laws, and stay competitive with peer institutions, the University of Florida should add gender identity and expression to its non-discrimination policies. Proposed wording change: We propose amending the current wording of the UF Non-Discrimination Policy: University of Florida Regulations 6C1-1.006 University of Florida; Non-Discrimination Policy. (1) The University shall actively promote equal opportunity policies and practices conforming to laws against discrimination. The University is committed to non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations, and veteran status as protected under the Vietnam Era Veterans' Readjustment Assistance Act. To the following (changes in bold): 6C1-1.006 University of Florida; Non-Discrimination Policy. (1) The University shall actively promote equal opportunity policies and practices conforming to laws against discrimination. The University is committed to non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, gender identity and expression, marital status, national origin, political opinions or affiliations, and veteran status as protected under the Vietnam Era Veterans' Readjustment Assistance Act. 1 Human Rights Campaign Foundation, “Transgender Inclusion in the Workplace” (2004), 3. 2 Definitions: A person’s gender identity is not the same as their sexual orientation. Gender identity refers to one’s sense of oneself as male, female, or transgender, whereas sexual orientation refers to “one’s sexual attraction to men, women, both, or neither.”2 Gender expression is the way that people communicate and present their gender identity. Rationale: The policy should be amended for the following reasons: 1. To adhere to a commitment to equality and equal protection. 2. To align University policies that prohibit discrimination on the basis of gender identity and expression with those of UF Student Government, the City of Gainesville, and the Federal Government’s Equal Opportunity Employment Policy. 3. To stay competitive and maintain standards of excellence with peer institutions, whose non-discrimination policies increasingly include gender identity and/or expression. 4. To improve access to grants and research funds, including grants UF faculty, staff or units are prohibited from receiving because we currently lack gender identity and expression protections. 5. To improve the campus climate for diversity, particularly in response to concerns raised in the 2009 SERU (Student Experience in the Research University) Survey3, and the 2003 Campus Climate Report on the Gay, Lesbian, Bi-Sexual, and Transgender Student Population at the University of Florida.4 1. Adhering to a commitment to equality and equal protection. The University of Florida lists Commitment to Diversity as a main component of its Mission. From the 2009-10 Undergraduate Catalog: Commitment to Diversity The University of Florida is committed to creating a community that reflects the rich racial, cultural and ethnic diversity of the state and nation. No challenge that exists in higher education has greater importance than the challenge of enrolling students and hiring faculty and staff who are members of diverse racial, cultural or ethnic minority groups. This pluralism enriches the university community, offers opportunity for robust academic dialogue and contributes to better teaching and research. The university and its components benefit from the richness of a multicultural student body, faculty and staff who can learn from one another. Such diversity will empower and inspire respect and understanding among us. The university does not tolerate the actions of anyone who violates the rights of another person. Through policy and practice, the university strives 2 American Psychological Association, <http://www.apa.org/topics/transgender.html> 3 http://www.aa.ufl.edu/seru/ 4 http://www.aa.ufl.edu/of_interest/CampusClimateCommitteeReport2003.pdf 3 to embody a diverse community. Our collective efforts will lead to a university that is truly diverse and reflects the state and nation.5 2. Aligning University policies prohibiting discrimination based on gender identity and expression with those of the UF Student Government, the City of Gainesville, and the Federal Government’s Equal Opportunity Employment Policy. Student Government policy (Article II, Section 4): Discrimination Prohibited.—Student government shall not discriminate on the bases of race, ethnicity, creed, sex, sexual orientation, gender identity and expression, national origin, age, religion, disability, or any other classification as provided by law.6 City of Gainesville: City Discrimination Ordinance (Ch. 8): The city commission declares the policy of the city to be, for the protection of the public health, safety and general welfare, for the maintenance of business and good government, and for the promotion of the city's trade, commerce and manufacturing, to prohibit discrimination in the access to and equal enjoyment of places of public accommodation, to ensure equal opportunity to all persons to live in decent housing facilities, regardless of sexual orientation, race, color, gender, age, religion, national origin, marital status, disability to that end to prohibit discrimination in the extension of credit without regard to sexual orientation, race, color, gender, age, religion, national origin, marital status, disability or gender identity and to prohibit employment discrimination against persons because of sexual orientation, race, color, gender, age, religion, national origin, marital status, disability or gender identity that do not constitute bonafide occupational qualifications.7 Federal Government Job policy (EEO policy): The United States Government does not discriminate in employment on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disability, age, membership in an employee organization, or other non-merit factor.8 5 University of Florida, Purpose and Mission of the University of Florida, 2009-10 Undergraduate Catalog. http://www.registrar.ufl.edu/catalog/administration/mission.html - 1 6 http://sg.ufl.edu/branches/legislative/constitution/default.aspx 7 http://www.cityofgainesville.org/GOVERNMENT/EqualOpportunity/DiscriminationOrdinance 8 http://www.usajobs.gov/vacancy/vac_eeo.asp 4 3. Staying Competitive with Peer Institutions: Of the 62 Members of the Association of American Universities (AAU), the vast majority, 46 (74%) prohibit discrimination against gender identity and/or expression. (For a full list of AAU schools with gender identity and/or expression protections, see Appendix A.) Over 280 U.S. Colleges and Universities have non-discrimination policies that include gender identity and/or expression, including Florida State University (2010) (For a full list of schools and date policy was adopted, see Appendix B.) All but one of the top 25 AAU institutions (as ranked by US News and World Report 2010 National Universities Rankings) include gender-identity protection: Name (in rank order) Have Adopted Gender Identity Protections Harvard University Y Princeton University Y Yale University Y California Institute of Technology Y M.I.T. Y Stanford University Y University of Pennsylvania Y Columbia University Y University of Chicago Y Duke University Y Northwestern University Y Washington University in St. Louis Y Johns Hopkins University Y Cornell University Y Brown University Y Emory University Y Rice University Y Vanderbilt University Y University of California—Berkeley Y Carnegie Mellon University Y Georgetown University Y University of California—Los Angeles Y University of Virginia No University of Southern California Y University Michigan, Ann Arbor Y 5 4. Maintaining access to grants and research funds, including grants UF faculty, staff or units are prohibited from receiving because we currently lack gender identity and expression protections. For example, The Arcus Foundation, founded in 2000, “requires all organizations seeking funding to have in place a board-approved Equal Employment Opportunity (EEO) Policy that specifically