102 Human Resources Management for Public and Nonprofi t Organizations
use the term sex to refer to a person ’ s biological or anatomical identity
as male or female and gender for the collection of characteristics that are
culturally associated with maleness or femaleness. Gender identity refers to
a person ’ s internal, deeply felt sense of being either male or female, or
something other or in between. Because gender identity is internal and
personally defi ned, it is not visible to others. In contrast, a person ’ s gender
expression is externally and socially perceived. Gender expression refers
to all of the external characteristics and behaviors that are socially defi ned
as masculine or feminine, such as dress, mannerisms, speech patterns, and
social interactions.
Gender identity disorder and gender dysphoria are terms by which the American
Psychiatric Association characterizes the illness of those who are trans-
gendered (American Psychiatric Association, 2000). It is important to note
that although transgenderism remains classifi ed as a medical disorder
and homosexuality is no longer classifi ed as such, the principal legal tool
for protecting people with physical or mental impairments, the Americans
with Disabilities Act, specifi cally excludes use of the act to protect their
rights. However, some state laws prohibiting disability discrimination,
like those of New Jersey, have found that transgendered people are covered
(Gossett, 2006). Over the past few years, many gay and bisexual organiza-
tions have broadened the scope of their work to include the issues and con-
cerns of transgendered people. A number of states and local governments,
as well as private organizations, offer employee protection to transgendered
individuals (Colvin, 2007, 2008).Changes in the Nonprofi t Landscape
Many nonprofi t and private employers were at the forefront of prohibit-
ing discrimination against gays and lesbians. They willingly promulgated
their own personnel policies that protected the rights of gay and lesbian
employees. Not fearing reprisals, many gay, lesbian, and bisexual support
groups were founded in those organizations. In addition to nondiscrimina-
tion policies, many nonprofi t and private employers initiated the extension
of domestic partnership benefi ts to homosexual couples.
The complex environment in which nonprofit administrators oper-
ate became even more complicated when the U.S. Supreme Court, in
a fi ve - to - four decision, held that the application of New Jersey ’ s public
accommodation law to the Boy Scouts of America (BSA) violated the
organization ’ s First Amendment right of expressive association ( Boy Scouts