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Connecticut Adds Protections For Employees Based Upon Their Gender Identity and Expression
Effective October 1, 2011, Public Act No. 11-55 makes Connecticut the 15th state to prohibit discrimination based on “gender identity and expression.”
Of particular importance to employers is the change to the Connecticut Fair Employment Practices Act, which will now include gender identity and expression as a protected category. For purposes of the statute “gender identity or expression” refers to a “person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person’s core identity or not being asserted for an improper purpose.”
Although this definition is somewhat ambiguous, what is clear is that the statute would apply to individuals who have undergone, or are undergoing, a sex change operation or other related medical procedure, such as hormone replacement therapy, to alter gender. The statute would also cover individuals who, irrespective of whether they undergo or plan to undergo any medical procedures, uniformly and consistently express themselves as a different gender–for example, by dressing and/or otherwise holding themselves out as a member of the opposite sex. Given the ambiguous scope of the statutory language, it is recommended that the question of whether an individual is covered be evaluated on a case by case basis.
Critical to note, the new protections based on “gender identity and expression” are distinguishable from existing protections based on sexual orientation, as one’s gender identity and expression may have no connection with sexual preference.
Covered employers should promptly review and revise their human resources policies to ensure compliance with this new law. This review should include employee handbooks and manuals or any applicable personnel policies.