Iowa: New Law Removes Antidiscrimination Protections for Gender Identity
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APPLIES TO All Employers with Employees in IA |
EFFECTIVE July 1, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
Effective July 1, 2025, SF 418 amends the Iowa Civil Rights Act (Act) by removing gender identity protections. The Act prohibits discrimination in employment, wages, public accommodations, housing, education, and credit and loan services. The amendment makes several notable changes to Iowa’s existing protections:
Definitions and Statutory Construction. A new section is added to the Act defining terms related to sex. “Sex” is the state of being either male or female as observed or clinically verified at birth. A “female” is an individual who “will have through the course of normal development, or would have but for a developmental anomaly, genetic anomaly, or accident, a reproductive system that at some point produces ova.” A “male” is an individual who “will have through the course of normal development, or would have but for a developmental anomaly, genetic anomaly, or accident, a reproductive system that at some point produces sperm.” The terms “woman,” “girl,” “man,” “boy,” “mother,” and “father” are also given definitions to align with the definitions of “male” and “female.”
Removal of Gender Identity Discrimination Protections. References to “gender” have been replaced with “sex” throughout the Act. References to gender identity protections in employment, housing, education, places of public accommodation, and credit or loan services have been removed.
Separate Accommodations. “Equal” is also clarified to not mean same or identical. The amendment specifically states separate accommodations are not inherently unequal. Distinctions based on sex resulting in separate accommodations are substantially related to the important government objectives of protecting the health, safety, and privacy of the individuals for whom the separate accommodations are provided.
Birth Certificates. Birth certificates must state sex as either male or female as observed or clinically verified at birth. If the sex of the child cannot be determined at birth, the time period for filing a certificate of birth is extended for a period of no more than six months to allow the parents to obtain any diagnosis or testing from a health care provider. New birth certificates will no longer be issued for individuals who provide a notarized affidavit from a health care provider that a sex designation has been changed.
Schools. School job postings no longer have to include gender identity in their non-discrimination statement for hiring purposes. Schools are further prohibited from the instruction of gender theory which is the “concept that an individual may properly be described in terms of an internal sense of gender that is incongruent with the individual’s sex as either male or female. Gender theory – includes the concept that an individual who experiences distress or discomfort with the individual’s sex should identify as and live consistent with the individual’s internal sense of gender, and that an individual can delay natural puberty and develop sex characteristics of the opposite sex through the use of puberty blockers, cross -sex hormones, and surgical procedures.”
Employers should be aware federal protections for sexual orientation and gender identity are still in place pursuant to U.S. Supreme Court precedent. It remains to be seen if there will be challenges to existing federal precedent to align with the new administration’s interpretation of protections for gender identity. Employers should consult with their legal counsel prior to making any revisions to existing harassment and discrimination policies.
Action Items
- Review the amendment here.
- Review harassment and discrimination policies for compliance with federal protections.
- Monitor anticipated legal challenges for updates.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase