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This is not legal advice, which can only be given by an attorney admitted to practice law in your jurisdiction after hearing all of the facts and circumstances in a particular case.

Thursday, August 24, 2006

Referendum blocking Cincinnati gender identity ordinance cancelled

The Cincinnati City Council had voted in March to add gender identity and sexual orientation to the city's anti-discrimination ordinance. The amendment was held in abeyance because a group opposed to the amendment, "Equal Rights Not Special Rights," filed a challenge that would have placed the matter on the ballot for a public vote. In order to do so, however, the group had to obtain at least 7,654 signatures. Although it submitted 7,658 signatures, there were many obvious forgeries, and 1,300 were challenged. Thus, the Cincinnati ordinance goes into effect, prohibiting employment discrimination on the basis of gender identity and sexual orientation.

I had previously blogged about the Cincinnati ordinance, and its unusual language.

The only other city in Ohio with legislation explicitly prohibiting discrimination against transgender employees is Toledo.

However, the Sixth Circuit Court of Appeals has interpreted the Civil Rights Act of 1964's ban on sex discrimination to include dismissal because of transgender status. Therefore, referendum or no, employers in Ohio (as well as Kentucky, Michigan and Tennessee) who discriminate on the basis of gender identity are in violation of federal law.

1 comment:

Dr. Jillian Todd Weiss said...

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