Indiana Transgender Rights Advocacy Alliance (INTRAA)

Overview

Map of Jurisdictions Banning Gender Identity Discrimination (PDF 354KB)

Chart of Jurisdictions Banning Gender Identity Discrimination (PDF 117KB)

Federal Law

Summary:

There is currently no federal law explicitly making it illegal to discriminate on the basis of gender identity in the areas of employment, education, public accommodations, or housing. There are, however, specific federal laws (see below) which prohibit discrimination on the basis of sex and sex stereotyping. As the history of the case law has shown, there are mixed opinions in the different federal circuits as to the question of whether discrimination on the basis of gender identity can be or in fact is a type of sex or sex stereotyping discrimination. There is a federal law that excludes transsexuality as a type of disability discrimination.

Resources:

Americans with Disabilities Act – specifically excludes transsexuality from coverage.

National Center for Transgender Equality (NCTE) – national social justice organization devoted to ending discrimination and violence against transgender people through education and advocacy on national issues of importance to transgender people.

Social Security Gender No-Match Letters and Transgender Employees – explains what Social Security no-match letters are and what transgender employees can do if the subject of one of these letters. Anyone who has been confused, curious, or concerned about Social Security gender no-match letters will find this information clarifying.

Title IX of the Educational Amendments of 1972 to the Civil Rights Act of 1964 – prohibits discrimination based on sex against students and employees of educational institutions.

Title VII of the Civil Rights Act of 1964 – prohibits discrimination on the basis of sex in employment. Title VII has been used to successfully argue in some federal circuits that discrimination based on gender identity or expression is sex stereotyping that was deemed sex discrimination by the U.S. Supreme Court in Price-Waterhouse v. Hopkins (1989).

Transgender Civil Rights Project – national social justice organization devoted to increasing the number of state, local and federal laws that prohibit discrimination based on gender identity and expression. Prohibiting discrimination based on “gender identity or expression” ensures that the entire range of transgender and gender non-conforming people are protected.

Transgender Law and Policy Institute (TLPI) – non-profit organization dedicated to engaging in effective advocacy for transgender people in our society. The TLPI brings experts and advocates together to work on law and policy initiatives designed to advance transgender equality.

State Law

Summary:

The Indiana Civil Rights Law does not yet include gender identity as a specific basis for nondiscrimination, although it does include a prohibition on sex discrimination which may cover many instances of gender identity or expression discrimination. Indiana does have an Executive Order in place from Governor Daniels which prohibits gender identity discrimination in state employment. Indiana also has a Hate Crime Reporting Law which allows for the reporting of hate crimes or bias incidents where the incident was based on the victim’s membership in a particular group. Therefore, if an individual is attacked or has property damaged because that person is transgender, the incident would be reportable.

Resources:

Governor Daniels’ Executive Order – prohibits discrimination based on gender identity in state employment. Presumably, this would cover all state workers, including teachers.

Gender Identity Fact Sheet (PDF 195KB) – provides responses to some questions regarding adding gender identity to the Indiana Civil Rights Law.

Indiana Civil Rights Law – prohibits discrimination based on sex in employment, education, public accommodations, and housing, but does not include gender identity specifically.

Indiana Civil Rights Commission – receives and investigates complaints filed under the Indiana Civil Rights Law. Generally, complaints should be filed no later than 180 days after the discriminatory incident has occurred or, if the discrimination was ongoing, after the last date of discrimination. Complaints of gender based discrimination can be filed under sex discrimination, especially when the discrimination is considered sex stereotyping.

Indiana Hate Crime Reporting Law – provides for the reporting of bias motivated crimes or incidents for tracking and reporting purposes.

Indiana Hate Crime Reporting Network – gathers statistical information regarding hate crimes and bias incidents in the State of Indiana.

Responding to Hate Crimes: A Community Resource Manual – resource designed to help communities respond effectively in the aftermath of hate crimes against transgender people.

To Report a Hate Crime:

The Indiana Civil Rights Commission
Tel 317-232-2600
Toll Free 1-800-628-2909
TDD 1-800-743-3333
Fax 317-232-2680
Email

Indiana State Police Tel 317-232-8983

Local Law

Summary:

At a local level, there are only two cities in Indiana that have added gender identity to their Human Rights Ordinances, Indianapolis (2005) and Bloomington (2006). Efforts are underway to get gender identity added in areas such as Lafayette, Fort Wayne, Columbus, and South Bend.

University Policies

Summary:

At this time, there is only one confirmed university in Indiana that includes gender identity protections in its anti-discrimination policies. Others are in the process of considering amending their policies to add it.

Universities with Gender Identity protections:

DePauw University, Greencastle, IN (1999)

Employer Policies

Summary:

There are many companies doing business in Indiana that have gender identity listed in their nondiscrimination policies. This is a partial list.

Companies headquartered in Indiana:

Cummins, Inc., Columbus, IN (2005)
Fortune 500 Rank: 238
Cummins Inc., a global power leader, is a corporation of complementary business units that design, manufacture, distribute and service engines and related technologies, including fuel systems, controls, air handling, filtration, emission solutions and electrical power generation systems. Headquartered in Columbus, Indiana, (USA) Cummins serves customers in more than 160 countries through its network of 550 Company-owned and independent distributor facilities and more than 5,000 dealer locations. Cummins reported net income of $550 million on sales of $9.9 billion in 2005.

Eli Lilly and Company, Indianapolis, IN (2006)
Fortune 500 Rank: 148
Eli Lilly is a leading global manufacturer and distributor of pharmaceutical therapies for cancer, cardiovascular disease, central nervous system, diabetic and endocrine system disorders, infectious diseases, and other diagnoses.

Companies doing business in Indiana:

Raytheon, Waltham, MA (2005)
Fortune 500 Rank: 97
Raytheon is an industry leader in defense and government electronics, space, information technology, technical services, and business aviation and special mission aircraft.