As of July 1, transgender and nonbinary Iowans no longer have state civil rights protections. Previously illegal forms of gender identity discrimination in housing, employment, credit practices, public accommodation and education are no longer protected by the Iowa Civil Rights Act.
Gov. Kim Reynolds signed SF 418 in February, which also includes the following changes to the Iowa's civil rights code:
- Removes the process to change sex designation on Iowa birth certificates
- Defines sex as either male or female according to what's observed or clinically verified at birth
- Bans transgender women from women's public restrooms, homeless and domestic abuse shelters and prisons
The ACLU of Iowa has been a part of several discrimination cases since gender identity was first added to the Iowa Civil Right Act in 2007.
ACLU of Iowa Legal Director Rita Bettis Austen said there are federal protections in employment. The U.S. Supreme Court ruled in Bostock v. Clayton County (2019) that gender identity and sexual orientation falls under Title VII protections of the Civil Rights Act of 1964.
However, Austen said Title VII isn't as strong as the state law was because title VII applies to companies with 15 or more employees and "the Iowa Civil Rights Act applies to employers with four or more employees. So it was more protective."
“Title VII only applies to employers with 15 or more employees," she said. "The Iowa Civil Rights Act applies to employers with four or more employees. So it was more protective."
Austen also said the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 could provide anti-discrimination protections based on gender dysphoria.
Gender identity discrimination complaints that happened before July 1 can still be filed with the Iowa Civil Rights Commission until April 27, 2026.
Max Mowitz, executive director of One Iowa, said more people are asking the nonprofit about community support and safe spaces for transgender people.
“This legislation doesn't mean that organizations can't put in their own supportive policies. And I think that that's really important," Mowitz said. "People think, ‘Oh, well, this is the legislation, so there's nothing that I as a coffee shop owner can do.’ But that's not actually true. You can create a new ceiling. You can create that new protection."
The LGBTQ rights organization is conducting more trainings and outreach with employers across the state, according to Mowitz.
As a result of the law, state lawmakers were able to pass HF 1049, which includes a ban on Medicaid coverage of gender-affirming surgeries and hormone therapies, which also takes effect July 1.
Reynolds and other supporters of removing gender identity from the civil rights code have said it’s needed to protect women’s rights and to uphold other state laws that target transgender people.
—
This story has been corrected to reflect the correct size of company that must comply with federal civil rights protections under Title VII. The law applies to companies with 15 or more employees not 50 or more.
