Iowa Removes Gender Identity Discrimination Protections

On Feb. 28, 2025, Iowa amended the Iowa Civil Rights Act (ICRA) to remove gender identity as a protected trait and define gender as either male or female, as observed or verified at birth. The amended law takes effect on July 1, 2025.

Overview of the New Law

The ICRA prohibits employers with four or more employees from discriminating against individuals on the basis of a protected trait. Currently, ICRA-protected traits include age, color, creed, disability, gender identity, national origin, pregnancy, race, religion, sex and sexual orientation. Effective July 1, 2025, the ICRA will remove gender identity as a protected trait. The amended law will also apply the following definitions:

“Sex” means the state of being either male or female as observed or verified at birth;
“Gender” is a synonym for sex but not for gender identity, experienced gender, gender expression or gender role;
“Female” means an individual who has, had, will have or would have a reproductive system that produces ova; and
“Male” means an individual who has, had, will have or would have a reproductive system that produces sperm.

The amended law states that separate accommodations are not inherently unequal. It states that persons with a medically verifiable diagnosis of a sex disorder or difference will be protected under federal and state disability laws.

Key Takeaways

Iowa is the first state to remove protections for gender identity and reflects federal efforts to narrow the definition of sex, including President Donald Trump’s recent Executive Order 14168 that promotes a binary definition of sex.

Although the amendments remove the gender identity discrimination protections under state law pursuant to a 2020 U.S. Supreme Court ruling, federal law still prohibits most employers with 15 or more employees from discriminating against individuals on the basis of gender identity. Therefore, while Iowa employers may consider modifying existing policies and procedures in light of the amended law, they still must comply with federal law.