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Resident Non-Discrimination Policy
Overview
LGBTQ+ people experience many forms of discrimination in long-term care because of their sexual orientation (lesbian, gay, and bisexual people), their gender identity or expression (transgender people), and/or their HIV status. An explicitly LGBTQ+ inclusive resident non-discrimination policy can do much to reduce the discrimination that LGBTQ+ residents experience and fear in long-term care settings.
Explicitly inclusive language not only allows LGBTQ+ residents and their friends and family members to feel safe and welcomed in a community – it can be the deciding factor for an LGBTQ+ person when determining where to live.
In addition, the LEI encourages communities to include protection from discrimination based on HIV Status. In 2016, the Centers for Disease Control and Prevention reported that nearly half of those newly diagnosed with HIV were 50 years of age and older. Failure to protect those living with HIV from discrimination can result in significant health consequences for residents living with HIV.
A NOTE ABOUT STATE LAW
Some states are beginning to include specific protections for LGBTQ+ older adults in long-term care. California enacted the Lesbian, Gay, Bisexual and Transgender Long-Term Care Facility Residents’ Bill of Rights in 2017 which makes it unlawful for “any long-term care facility to take specified actions or wholly or partially on the basis of a person’s actual or perceived sexual orientation, gender identity, gender expression, or human immonodeficiency virus (HIV) status…”
Other states do not protect LGBTQ+ people from discrimination in long-term care or in employment, housing and public accomodations. In some cases, inclusion of one or more of the terms “sexual orientation,” “gender identity or expression,” and “HIV status” are not included in state non-discrimination laws. Adding “sexual orientation,” “gender identity or expression,” and “HIV Status” to a non-discrimination policy signals a clear and welcome commitment to equity and inclusion and offers legal protections to residents within the community.
LEI Survey Questions
Adding the words “sexual orientation,” and “gender identity or expression” to your community's resident non-discrimination policy not only provides explicit protections for LGBTQ+ residents but communicates your commitment to inclusivity. SAGE advises older adults to look at a community's non-discrimination policy when choosing a place to live. Having sexual orientation and gender identity written in your policy ensures protections for LGBTQ+ residents even when there are no statewide protections. See below for an example of a community's LGBTQ+ inclusive resident non-discrimination policy.
Discrimination because of HIV is illegal. However, individuals with HIV may fear that they will still experience discrimination when seeking long-term care. We strongly encourage a community to include HIV in their non-discrimination policy. This communicates your acknowledgment and assurance that residents will be free from discrimination based on their HIV status.
To receive credit in the LEI, a community must:
-Upload a copy of the community's resident non-discrimination policy or resident bill of rights
-Have a resident non-discrimination policy that includes both sexual orientation AND gender identity or expression ("gender identity" is okay).
Example:
LGBTQ-inclusive Resident Non-discrimination Policy at Woodland Pond at New Paltz
Creating and broadly communicating a resident non-discrimination policy is a crucial step in ensuring safe, inclusive spaces for LGBTQ+ residents. It sends an important message to residents and employees alike: LGBTQ+ people must receive equal treatment.
To receive credit in the LEI, a community must:
-Provide at least 2 examples of how policy is communicated to residents and the public – typically one is a website example and the other will be a document like a brochure. It could also be a photo of a sign/poster
There are a variety of ways in which communities can share their non-discrimination policies, including:
- Posted or displayed in public areas of the building(s)
- Posted on the community's website
- In materials routinely given to residents at move-in/registration
- In printed materials/brochures provided to residents and the public at other times (s)
- In materials routinely available for takeaway in public areas of the building(s)
- This Residents' Rights document from NYC Health + Hospitals includes their non-discrimination policy
- Givens Estates shares a resident non-discrimination statement within their Residence and Services Agreement
Sharing your non-discrimination policy with staff and volunteers is an important step toward ensuring that the people providing services in your community are aware of the expectations regarding non-discrimination. Further, it provides a foundation for providing education and training to staff and volunteers.
To receive credit in the LEI, a community must:
-Provide at least 1 example of how policy is communicated to staff and volunteers – must be an internal example and different than how policy is communicated to residents.
There are a variety of ways in which communities can share their non-discrimination policies, including:
- Posted on the organization's intranet site
- Posted in employee/volunteer work area(s)
- In materials routinely given to employees at orientation
- In materials routinely given to volunteers at orientation
- Reviewed in in-person employee training
- Reviewed in in-person volunteer training
- Reviewed in online employee training
- Reviewed in online volunteer training
For example: