CR Metro YMCA Policies

Privacy Policy

External Privacy Policy
This privacy policy will advise you about our guidelines concerning the use of your personal information, including the reasonable efforts we make to protect your personal information in accordance with these guidelines, and about what choices you have concerning our use of such information. Please read this policy carefully.

1.0 PRIVACY
We keep your private information private by:

  1. Not selling your information. You have entrusted the National Council of Young Men’s Christian Associations of the United States of America and its independent and autonomous member associations (collectively “The Y”) with your personal information, and we’re committed to using it wisely. The Y will not sell your personal information to anyone, for any reason, at any time.
  2. Restricting who has access to your information. The Y takes reasonable precautions to restrict access to your Internet account and personal information only by employees who are authorized to have such access for business purposes. If you have any questions or concerns about our privacy policy, please contact us at Email: sillman@crmetroymca.org or Mail: Attn: Metro Office 207 7th Ave SE. Cedar Rapids, IA 52401 or Call: 319-366-6421

Please refer to this policy regularly. The Y may need to change this policy from time to time to address new issues and reflect changes on our websites. We will post material changes on our websites or otherwise notify you and update the “Last Date Updated” field in the “Revision History” at the bottom of this page so that you will always know our policies regarding what information we gather, how we might use that information, and whether we will disclose that information to anyone.

Scope of Privacy Policy
This policy applies to the personal information that you provide to The Y, either through our websites, in person, or otherwise. This policy does not apply to your use of unaffiliated sites to which our websites link.

Collection of Personally Identifiable Information
The Y collects personally identifiable information (PII) from you when you voluntarily submit such information to us. This information may include your name, home address, email address, date of birth, demographic information, health information, and other information that we may need to collect in connection with certain events, including but not limited to:

  • registration for, or participation in, events, classes, camps, and other activities;
  • registration for surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, or other services or activities offered on our website;
  • answering your inquiries about our websites, organization, membership, or other services or activities;
  • registration as a member of The Y; and
  • Online Donations of Money

Use and Disclosure of PII
If you do provide us with PII for an activity, event, or service, we may use it to conduct such activity, event, or service and future YMCA activities that may be of interest to you. The Y may contact you based on the information you provide online or offline.

The Y will use its best efforts to never disclose any PII about you to any third-party for purposes unrelated to the YMCA without having received your permission except as provided for herein or otherwise as permitted or required under applicable law.

We do not rent or sell PII, including information provided about children, to third-parties. Our YMCA may share PII with trusted service providers that need access to your information to provide operational or other support services. In certain circumstances, we may also share information with select similar nonprofit organizations that may offer activities of interest to you.

We may also provide PII to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the provision of such information is required or permitted by law, such as in connection with the investigation or assertion of legal defenses or for compliance matters.

Collection of Non-Personally Identifiable Information
We collect non-personally identifiable information without limitation, through the use of the following types of methodology:

  • “Cookie” technology: A cookie is an element of data that a website can send to your browser, which may then store it on your system to help enhance your experience in using our sites and to provide us with technical information about your usage.
  • IP address tracking: An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address.
  • Web beacons: A web beacon, or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user.

Non-personally identifiable information might include the browser you use, the type of computer you use, technical information about your means of connection to our websites (such as the operating systems and the Internet service providers utilized), and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our websites and about the links you may select from within the sites to other areas of the World Wide Web or elsewhere online.

Although an industry-standard do-not-track (DNT) protocol has not yet been established, The Y’s information collection and disclosure practices and the choices it offers to consumers will continue to operate as described in this Policy.

Use of Non-Personally Identifiable Information
We use non-personally identifiable information for our purposes related to running YMCAs and their programs, and, in particular, to administering websites, and, in the aggregate, to determine what technologies are being used. We may also share aggregate, non-personally identifiable information with third-parties.

Collection of Sensitive Information

Where necessary, The Y may collect certain sensitive information from you, including:

  • payment card or bank account information to process fees or donations;
  • health information in connection with various fitness programs, programs in which we are responsible for supervising children, health screenings, or other health service events that we may provide from time to time; and
  • Access to sensitive information is restricted to those individuals who have a legitimate need for access. We will not use or disclose your information to third-parties unless such disclosure is necessary to accomplish the purpose for which the information is collected.

Any third-party that processes sensitive information on behalf of a YMCA will be contractually obligated to safeguard your data in the same manner as we do.

Privacy of Children
We are mindful that young people need special safeguards and privacy protection. We realize that they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents or legal guardians to participate in their children’s exploration of the Internet and any online services and to teach their children about protecting their personal information while online.

If we ask for PII from children under 13 we will take additional steps to protect the privacy of such information, including:

  • obtaining consent from the parent or legal guardian of the child before collecting or using the child’s PII;
  • notifying parents about what PII is being requested and how that PII will be used and/or shared, such as through this policy;
  • limiting the collection of PII from children to no more than is reasonably necessary to accomplish the purpose of the collection; and
  • giving parents access to the PII we have collected from their children and offering them the opportunity to request that such PII be changed or deleted.

Donations
When you make a payment or donation, we collect information to process your donation and may use that information to contact you in the future about the YMCA and its programs. Your payment information is transmitted to us, using a secure Internet method that helps maintain the privacy of this information. During the time your payment information resides on our computers, it is in an encrypted format and can only be accessed by authorized personnel with a decryption key.

Links to Other Sites
Users may find other content on our websites that link to the sites and services of other third-parties. We do not control the content or links appearing on these sites. Third-party sites or services, including their content and links, may be constantly changing and may have their own privacy policies and customer service policies. We encourage you to review the privacy policies of any third-party sites or services before providing any of them with your personal information.

Choice/Opt-Out
If you opt-in to receive information from us, you can change your mind later. If at any time you would like to stop receiving such information or opt out of a feature, you may change your options by contacting sillman@crmetroymca.org or should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third-party who has been provided with your information in accordance with this policy.

Personal Data Access and Accuracy
You may contact The Y with inquiries or complaints regarding the use of information about you. We will use reasonable efforts to grant reasonable requests to access data about the requester. We will also make reasonable requests to correct any incorrect or misleading data about the requester.

2.0 SECURITY
YMCAs take appropriate administrative, technical, and physical measures to safeguard against unauthorized processing of personal information, and against the accidental loss of, or damage to, personal data. However, The Y cannot provide an absolute guarantee of the security of any of our websites or any other site on the Internet.

Consent to Transfer
YMCA websites are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to The Y will be transferred to the United States, even though the United States has privacy laws that the European Union considers inadequate. By using YMCA websites, participating in any YMCA services, and/or providing us with your information, you consent to this transfer.

California Privacy Rights
The California “Shine the Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third-parties for direct-marketing purposes in the preceding calendar year. The Y does not distribute your personal information to outside parties for their direct marketing without your consent.

Updating your Personal Information
You can update your personal information by emailing us at Hlubek@crmetroymca.org or via a written request mailed to: Jennifer Hlubek; Business Service Manager, 207 7th Ave SE Cedar Rapids, IA 52401. Please do not send Social Security numbers or other sensitive information to us via unencrypted email.

Service Dog and Emotional Support Animal Policy

This Service Dog and Emotional Support Animal Policy
is intended to document our policies and procedures for
service animals protected under the Americans with
Disability Act (ADA) and Iowa State Law.

Service Dogs and Emotional Support Animals are
defined below and includes public accommodations as it
pertains to service dogs and assistive animals that help
persons with disabilities. This policy is maintained
under the care, custody and control of the YMCA of The
Cedar Rapids Metropolitan Area to facilitate compliance
with applicable laws and regulations under the
governance of the Federal ADA and Iowa State Law.


Effective Date: 05/29/2018
Category: Public Accommodations
Contact(s):
Steven Dolezal
VP/Chief Operating Officer
YMCA of the Cedar Rapids
Metropolitan Area
dolezal@crmetroymca.org


Iowa Laws on Service Dogs and Emotional Support Animals

Iowa law requires landlords and public accommodations to allow service dogs and assistive
animals that help persons with disabilities.

Under Iowa’s disability rights law and the federal Americans with Disabilities Act (ADA), people
with disabilities have the right to be accompanied by their service animals in restaurants, hotels,
stores, theaters, and other public accommodations. Public accommodations in Iowa must comply
with both state and federal law. Below, we explain which public accommodations are covered,
which animals qualify as service animals, and some rules you may need to follow with your
service animal.

Types of Service Animals Are Covered in Iowa:

Under Iowa law, public accommodations must allow you to be accompanied by your service dog
or assistive animal. A service dog is a dog that is specially trained to assist a person with a
disability, whether the dog is referred to as a service dog, an independence dog, a support dog,
or by any other title. An assistive animal means a simian (a monkey or an ape) or other animal
that is specially trained or in training to assist a person with a disability.
Under the ADA, a service animal is a dog or miniature horse that has been trained to perform
disability-related tasks or do work for the benefit of a person with a disability. Examples of
service animals that must be allowed into public accommodations under the ADA include:

  • hearing dogs, which alert their handlers to important sounds, such as alarms, doorbells,
    and other signals
  • guide dogs, which help those who are blind or visually impaired navigate safely
  • psychiatric service animals, which help their handlers manage mental and emotional
    disabilities by, for example, interrupting self-harming behaviors, reminding handlers to
    take medication, checking spaces for intruders, or providing calming pressure during anxiety or panic attacks
  • seizure alert animals, which let their handlers know of impending seizures, and may also guard their handlers during seizure activity, and allergen alert animals, which let their handlers know of foods or other substances that could be dangerous (such as peanuts).

The ADA doesn’t include what some people call “emotional support animals”: animals that provide a sense of safety, companionship, and comfort to those with psychiatric or emotional conditions. Although these animals often have therapeutic benefits, they are not individually trained to perform specific tasks for their handlers. Similarly, although Iowa law refers to support animals, only animals that are trained to assist someone with a disability are covered by the law, not animals whose purpose is to provide comfort simply by being present. Neither the ADA nor Iowa’s disability law cover “pets”.

Public Accommodation in Iowa are Considered to be:

In Iowa, people with disabilities may bring their service animals with them to any place of public accommodation. In Iowa, public accommodations include:

  • all common carriers and forms of public transportation, including buses, trains, boats, and motor vehicles
  • hotels and lodging places
  • restaurants, bars, and other places to eat or drink

all places of public accommodation, amusement, or resort, from stores and businesses to parks, zoos, golf courses, swimming pools, and more, and all other places to which the public is invited.

Under the ADA, the definition of public accommodations is also very broad and includes any place that is open to the public.

Rules for Service Animals in Iowa:

The ADA and Iowa law prohibit public accommodations from charging a special admission fee or requiring you to pay any other extra cost to have your service animal with you. However, you may have to pay for any damage your animal causes.

And under the ADA, a public accommodation may not ask you questions about your disability or demand to see certification, identification, or other proof of your animal’s training or status. If it is not apparent what your service animal does, the establishment may ask you only whether it is a service animal, and what tasks it performs for you.


Americans with Disabilities Act (Titles II and III)

Service animals are defined as dogs (or miniature horses) that are individually trained to do work or perform tasks for people with disabilities. The tasks performed by the dog must be directly related to the person’s disability. The dog must be trained to take a specific action when needed to assist the person with a disability.

ADA: 2010 Revised Requirements, U.S. Department of Justice, Civil Rights Division, Disability Rights Section, July 2011 and Frequently Asked Questions about Service Animals and the ADA, July 2015.

Two Questions Allowed to be Asked:

1. Is the dog required because of a disability?
2. What work or task has the dog been trained to perform?


A public accommodation may ask an individual with a disability to remove a service animal from the premises if the animal’s presence or behavior fundamentally alters the nature of the goods or services that the public entity provides, the animal is out of control and the animal’s handler does not take effective action to control it, or the animal poses a direct threat to the health and safety of others that cannot be eliminated by reasonable modifications.

Under Iowa law, your service or assistive animal must be under control. You are still entitled to enter the public accommodation even if your service animal is not allowed in.

Therefore, the YMCA of The Cedar Rapids Metropolitan Area reserves the right in accordance to Federal and State Law and may ask an individual with a disability to remove a service animal from the premises if the animal’s presence or behavior fundamentally alters the nature of the goods or services that the YMCA of the Cedar Rapids Metropolitan Area provides which includes but not limited to:

  • The animal is not housebroken
  • The animal’s presence or behavior fundamentally alters the nature of the goods or services that the public entity provides.
  • The animal is out of control and the animal’s handler does not take effective action to control it.
  • The animal poses a direct threat to the health and safety of others that cannot be eliminated by reasonable modifications.

Many people with disabilities use a service animal in order to fully participate in everyday life. Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking, picking up items for a person who uses a wheelchair, preventing a child with autism from wandering away, or alerting a person who has hearing loss when someone is approaching from behind.

The Department of Justice continues to receive many questions about how the Americans with Disabilities Act (ADA) applies to service animals. The ADA requires State and local government agencies, businesses, and non-profit organizations (covered entities) that provide goods or services to the public to make “reasonable modifications” in their policies, practices, or procedures when necessary to accommodate people with disabilities.

DEFINITION OF A SERVICE ANIMAL

Q1. What is a service animal?

A. Under the ADA, a service animal is defined as a dog/ miniature horse that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.

Q2. What does “do work or perform tasks” mean?

A. The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. A person with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?

A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.

Q4. If someone’s dog calms them when having an anxiety attack, does this qualify it as a service animal?

A. It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA.

Q5. Does the ADA require service animals to be professionally trained?

A. No. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program.

Q6. Are service-animals-in-training considered service animals under the ADA?

A. No. Under the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws cover animals that are still in training.

GENERAL RULES


Q7. What questions can a covered entity’s employees ask to determine if a dog is a service animal?

A. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions:

1. Is the dog a service animal required because of a disability?
2. What work or task has the dog been trained to perform?

  • Staffs are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person’s disability.

Q8. Do service animals have to wear a vest or patch or special harness identifying them as service animals?

A. No. The ADA does not require service animals to wear a vest, ID tag, or specific harness.

Q9. Who is responsible for the care and supervision of a service animal?

A. The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming and veterinary care. Covered entities are not obligated to supervise or otherwise care for a service animal.

Q13. Can people bring more than one service animal into a public place?

A. Generally, yes. Some people with disabilities may use more than one service animal to perform different tasks. For example, a person who has a visual disability and a seizure disorder may use one service animal to assist with way-finding and another that is trained as a seizure alert dog.

CERTIFICATION AND REGISTRATION


Q17. Does the ADA require that service animals be certified as service animals?

A. No. Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.

There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal.

Q18. My city requires all dogs to be vaccinated. Does this apply to my service animal?

A. Yes. Individuals who have service animals are not exempt from local animal control or public health requirements.

Q19. My city requires all dogs to be registered and licensed. Does this apply to my service animal?

A. Yes. Service animals are subject to local dog licensing and registration requirements.

Q20. My city requires me to register my dog as a service animal. Is this legal under the ADA?

A. No. Mandatory registration of service animals is not permissible under the ADA. However, as stated above, service animals are subject to the same licensing and vaccination rules that are applied to all dogs.

BREEDS


Q22. Can service animals be any breed of dog?

A. Yes. The ADA does not restrict the type of dog breeds that can be service animals.

Q23. Can individuals with disabilities be refused access to a facility based solely on the breed of their service animal?

A. No. A service animal may not be excluded based on assumptions or stereotypes about the animal’s breed or how the animal might behave. However, if a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, that animal may be excluded. If an animal is excluded for such reasons, staff must still offer their goods or services to the person without the animal present.

Q24. If a municipality has an ordinance that bans certain dog breeds, does the ban apply to service animals?

A. No. Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a prohibited breed, unless the dog poses a direct threat to the health or safety of others. Under the “direct threat” provisions of the ADA, local jurisdictions need to determine, on a case-by-case basis, whether a particular service animal can be excluded based on that particular animal’s actual behavior or history, but they may not exclude a service animal because of fears or generalizations about how an animal or breed might behave. It is important to note that breed restrictions differ significantly from jurisdiction to jurisdiction. In fact, some jurisdictions have no breed restrictions.

EXCLUSION OF SERVICE ANIMALS


Q25. When can service animals be excluded?

A. The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Nor does it overrule legitimate safety requirements. If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.

Q26. When might a service dog’s presence fundamentally alter the nature of a service or program provided to the public?

A. In most settings, the presence of a service animal will not result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander. At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated. They cannot be restricted from other areas of the zoo.

Q27. What does under control mean? Do service animals have to be on a leash? Do they have to be quiet and not bark?

A. The ADA requires that service animals be under the control of the handler at all times. In most instances, the handler will be the individual with a disability or a third party who accompanies the individual with a disability. In the school (K-12) context and in similar settings, the school or similar entity may need to provide some assistance to enable a particular student to handle his or her service animal. The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal’s work or the person’s disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. For example, a person who uses a wheelchair may use a long, retractable leash to allow her service animal to pick up or retrieve items. She may not allow the dog to wander away from her and must maintain control of the dog, even if it is retrieving an item at a distance from her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces may have a dog that is trained to enter a space, check to see that no threats are there, and come back and signal that it is safe to enter. The dog must be off leash to do its job, but may be leashed at other times. Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet place. However, if a dog barks just once, or barks because someone has provoked it, this would not mean that the dog is out of control.

Q28. What can my staff do when a service animal is being disruptive?

A. If a service animal is out of control and the handler does not take effective action to control it, staff may request that the animal be removed from the premises.

Q29. Are guests allowed to leave their service animals unattended?

A. No, the dog must be under the handler’s control at all times.

Q30. What happens if a person thinks a covered entity’s staff has discriminated against him or her?

A. Individuals who believe that they have been illegally denied access or service because they use service animals may file a complaint with the U.S. Department of Justice. Individuals also have the right to file a private lawsuit in Federal court charging the entity with discrimination under the ADA.

MISCELLANEOUS


Q33. Are gyms, fitness centers, hotels, or municipalities that have swimming pools required to allow a service animal in the pool with its handler?

A. No. The ADA does not override public health rules that prohibit dogs in swimming pools. However, service animals must be allowed on the pool deck and in other areas where the public is allowed to go.

Q36. Do Federal agencies, such as the U.S. Department of Veterans Affairs, have to comply with the ADA?

A. No. Section 504 of the Rehabilitation Act of 1973 is the Federal law that protects the rights of people with disabilities to participate in Federal programs and services. For information or to file a complaint, contact the agency’s equal opportunity office.

Q37. Do commercial airlines have to comply with the ADA?

A. No. The Air Carrier Access Act is the Federal law that protects the rights of people with disabilities in air travel. For information or to file a complaint, contact the U.S. Department of Transportation, Aviation Consumer Protection Division, at 202-366-2220.


This policy is subject to change or can be terminated by the Company at any time. This policy supersedes all prior policies, procedures, or advisories pertaining to the same subject.


Policy Revision History

Version:
Version 0.1

 

Effective Date:

05/24/2018

 

Authorized by:

Steven Dolezal

VP/Chief Operating Officer

YMCA of the Cedar Rapids Metropolitan Area

dolezal@crmetroymca.org

 

Affective Provisions:

Document Effective Date and Contact Information 05/24/2018

Weapons and Smoke - Drug-Free Workplace Policy

The YMCA of the Cedar Rapids Metropolitan Area is committed to providing its employees and members with a safe and secure environment and actively promotes Caring, Respect and Responsibility for its members. For this reason, smoking, tobacco/nicotine, electronic smoking devices, alcohol, illegal drugs and weapons of any kind are strictly prohibited in YMCA facilities and on YMCA grounds in company vehicles and when conducting company business.

 

In this policy, employees shall represent all direct employees, temporary labor, and independent contractors.

Effective Date: 06/04/2018

Category: SECURITY

 

Contact(s): Steven Dolezal

VP/Chief Operating Officer YMCA of the Cedar Rapids Metropolitan Area

dolezal@crmetroymca.org

 

 

 

Responsibilities and Requirements

 

The use or possession of firearms or other weapons is strictly prohibited on company premises, in company vehicles, and when conducting business. This prohibitions applies to all YMCA’s of the Cedar Rapids Metropolitan Area employees and other individuals regardless of any license or permit that an individual may have which would otherwise authorize the individual to carry firearms or other weapons.

 

Further, smoking, tobacco, electronic smoking devices, alcohol, illegal drugs are strictly prohibited in YMCA facilities and on YMCA grounds. This policy is in effect for all employees, members and visitors at all times. Tobacco and nicotine products include, but are not limited to cigarettes, cigars, pipes, chewing tobacco, snuff, snus, dissolvable, and any other product that contains tobacco or nicotine. The use of Electronic Smoking Devices (i.e.: e-cigarettes, vape pens, personal vaporizers, etc.), including the possession of any chemicals or plant material to be used within the devices is not allowed. Products that are FDA approved for cessation are allowed under this policy. Anyone that violates this policy will be asked to extinguish and dispose of prohibited materials or may be asked to leave the premises. Any violation of this policy may result in discipline up to and including termination.

 

All employees have the responsibility to help enforce this policy. If you have any reason to believe that someone is violating this policy, you are expected to report it immediately. All reports will be treated confidentially to the extent feasible. The company will not engage in, or condone, any retaliation against any individual who makes a good faith report pursuant to this policy.

 

 

Division/Function Owner

 

CEO, COO, Director, HR, Compliance Officer

 

Raise a question/Report a Violation

 

If you have questions, comments, or need to report a potential violation of this policy, the following resources are available:

 

·    Your facility Director

·    Your facility Manager

·    Compliance Officer

·    HR Resource Director; to contact HR directly, please go to Jan Keene; keene@crmetroymca.org or call +1-319-366-6421 x101

 

 

 

Exceptions

 

a) This policy does not apply to “on-duty” federal, state, or local law enforcement.

 

b) In limited cases, special authorization may be granted by CEO, COO “only” to allow for an exception to this policy. Such authorization must be requested in writing with an explanation of the rationale for the request.

 

 

 

Dates

 

Last Revision Date: 06/20/2018

 

Last Reviewed Date: 06/20/2018

 

Review Cycle: It is our objective to refresh this policy every two (2) years.

 

 

Approved by

 

CEO, COO, HRM (Human Resource Manager)

 

 

Definitions

 

a) Company vehicle: All company-owned vehicles, all company-leased vehicles and all company-rental vehicles.

 

b) Firearm: A weapon capable of firing a projectile. This includes, but not limited to, the following whether loaded or unloaded: rifle, shotgun, pistol, revolver or air gun.

 

c) Tobacco and nicotine products: include, but are not limited to cigarettes, cigars, pipes, chewing tobacco, snuff, snus, dissolvable, and any other product that contains tobacco or nicotine. The use of Electronic Smoking Devices (i.e.: e-cigarettes, vape pens, personal vaporizers, etc.), including the possession of any chemicals or plant material to be used within the devices.

 

d) Illegal drugs: are drugs which have limitations on their ownership or use by a government, and are illegal in certain situations (meaning a person is not allowed to have them). A drug is any chemical that affects the human body or mind when it is swallowed, breathed in, or consumed in another way.

 

e) Company premises: Property owned, leased or controlled by the YMCA of the Cedar Rapids Metropolitan Area. Including YMCA provided parking areas.

 

f)  Company business: Anywhere that company business is conducted. Examples include, but are not limited to, the following: Company premises, customer locations, trade shows, hotels, restaurants and company event venues.

 

g) Weapon: An instrument or device for use in attack or defense. This includes, but not limited to, the following: firearms, ammunition, knives with blades over four inches (10 centimeters) in length, explosives, bow and arrow, electronic stunning device and any chemical whose purpose is to cause harm to another.

 

 

 

Important Limitations

 

These policies are guidelines only and are not contractually binding. The YMCA of the Cedar Rapids Metropolitan Area interprets the policies and determines how they apply to specific situations. The policies are subject to revision. The current policies supersede previous versions. Policies sometimes vary by location. If these policies conflict with a more specific and applicable policy or labor contract, the local policy or labor contract will apply.

 

This policy is subject to change or can be terminated by the Company at any time. This policy supersedes all prior policies, procedures, or advisories pertaining to the same subject.

 

Policy Revision History

Version:  Version 0.1
Effective Date:  06/04/2018
Authorized by:  Steven Dolezal, VP/Chief Operating Officer YMCA of the Cedar Rapids Metropolitan Area dolezal@crmetroymca.org
Affected Provisions:
Document Effective Date and Contact Information 06/04/2018

Employee and Membership LGBTQIA Inclusion Policy

Introduction
This policy and guide will clarify the law and help the YMCA of the Cedar Rapids Metropolitan Area welcome and include transgender, gender non-conforming and transitioning employees and or members.  Below is policy that the YMCA of the Cedar Rapids Metropolitan Area has been adopted as an inclusive policy to ensure transgender, gender nonconforming, and transitioning employees and members feel safe and welcome in our association.

 

Effective Date: 10/02/2018
Category: Inclusion
Contact(s):
Steven Dolezal
VP/Chief Operating Officer
YMCA of the Cedar Rapids
Metropolitan Area
dolezal@crmetroymca.org

 

Purpose
The YMCA of the Cedar Rapids Metropolitan Area does not discriminate in any way on the basis of sex, sexual orientation, gender identity, or gender expression. This policy is designed to create a safe and productive environment for all members and employees.

This policy sets forth guidelines to address the needs of transgender and gender non-conforming members and employees and clarifies how the law should be implemented in situations where questions may arise about how to protect the legal rights or safety of such members or employees. This policy does not anticipate every situation that might occur with respect to transgender or gender nonconforming members or employees, and the needs of each transgender or gender non-conforming member or employee must be assessed on a case-by-case basis.  In all cases, the goal is to ensure the safety, comfort, and healthy development of transgender or gender non-conforming members or employees while maximizing
the employee’s workplace integration and minimizing stigmatization of all members and employees.

 

Key Definitions
The definitions provided here are not intended to label members or employees but rather to assist in understanding this policy and the legal obligations of employers.  Members and employees may or may not use these terms to describe themselves.

Gender Identity: A person’s internal, deeply-felt sense of being male, female, or something other or in-between, regardless of the sex they were assigned at birth.

Gender Expression: An individual’s characteristics and behaviors (such as appearance, dress, mannerisms, speech patterns, and social interactions) that may be perceived as masculine or feminine.

Sexual Orientation: A person’s physical or emotional attraction to people of the same and/or other gender. Straight, gay, and bisexual are some ways to describe sexual orientation, it is important to note that sexual orientation is distinct from gender identity and expression. Transgender people can be gay, lesbian, bisexual,
or straight, just like non-transgender people. Reference Iowa Code: 216.2(14)

Biological/Anatomical Sex: The physical characteristics used to assign a person’s gender at birth, such as chromosomes, hormones, internal and external genitalia and reproductive organs. Biological sex should be seen as a spectrum or range of possibilities rather than a binary set of two options.

Intersex: a reproductive or sexual anatomy and/or chromosome pattern that does not seem to fit typical definitions of male or female. These conditions include androgen insensitivity syndrome, some forms of congenital adrenal hyperplasia, Klinefelter’s syndrome, Turner’s syndrome, hypospadias, and many others.

Transgender: An umbrella term that can be used to describe people whose gender identity and/or expression is different from their sex assigned at birth. Everyone has a gender identity. Reference Iowa Code: 216.2(10)

  • A person whose sex assigned at birth was female but who identifies as a
    male is a transgender man (also known as female-to-male transgender
    person, or FTM).
  • A person whose sex assigned at birth was male but who identifies as a
    female is a transgender woman (also known as male-to-female transgender
    person, or MTF).
  • Some people described by this definition do not consider themselves
    transgender – they may use other words, or may identify simply as a man or
    woman. A person does not need to identify as a transgender in order for an
    employer’s nondiscrimination policies to apply to them.

Gender non-conforming: This term describes people who have, or are perceived to have, gender characteristics and/or behaviors that do not conform to traditional or societal expectations. Keep in mind that these expectations can vary across cultures and have change over time.

Transition: The process of changing one’s gender from the sex assigned at birth to one’s gender identity. There are many different ways to transition. For some people, it is a complex process that happens more quickly. Transition may include “coming out” (telling family, friends, and coworkers); changing the name and/or sex on legal documents; and, for many transgender people, accessing medical treatment such as hormones and surgery.

LGBT: A common abbreviation that refers to the lesbian, gay, bisexual, and transgender community.

 

Privacy
Transgender employees and members have the right to discuss their gender identity or expression openly, or to keep that information private. The transgender employee and member gets to decide when, with whom, and how much to share their private information. Information about an employee or member’s transgender
status (such as the sex they were assigned at birth) can constitute confidential medical information under privacy laws like HIPAA.

Management, human resources staff, or coworkers should not disclose information that may reveal an employee or member’s transgender status or gender nonconforming presentation to others. That kind of personal or confidential information may only be shared with the transgender employee’s or member’s consent and with coworkers who truly only need to know in order to perform their job duties.

 

Official Records
The YMCA of the Cedar Rapids Metropolitan Area will change an employee or member’s official record to reflect a change in name or gender upon request from the employee or member. Certain types of records, like those relating to payroll and retirement accounts, may require a legal name change before the person’s name can be changed.  Most records, however, can be changed to reflect a person’s preferred name without proof of legal name change.

A transgender employee or member has the right to be addressed by the name and pronoun corresponding to the employee or member’s gender identity. Official records will also be changed to reflect the employee or member’s new name and gender upon the employee or member’s request.

As quickly as possible, the YMCA of the Cedar Rapids Metropolitan Area will make every effort to update any employee or member photographs so the transitioning employee or member’s gender identity and expression are represented accurately.

If a new or transitioning employee or member has questions about company
records or ID documents, the employee should contact (Human Resources Director)
Jan Keene at Keene@crmetroymca.org or 319-366-6421 x101

 

Names/Pronouns
An employee or member has the right to be addressed by the name and pronoun that corresponds to the employee or member’s gender identity, upon request. A court-ordered name or gender change is not required. The intentional or persistent refusal to respect an employee’s gender identity (for example, intentionally referring to the employee by a name or pronoun that does not correspond to the employee’s gender identity) can constitute harassment and is a violation of this policy. If you are unsure what pronoun a transitioning an employee or member
might prefer, you can ask the employee or member how they would like to be addressed.

 

Transitioning on the Job
Employees who transition on the job can expect the support of management and
human resources staff. HR will work with each transitioning employee individually
to ensure a successful workplace transition.
*The transition plan is attached at the bottom of this document.

Who is charged with helping person’s gender identity concerns manage his/her
membership or workplace transition?

What can a person requesting help with managing his/her gender identity concerns
expect from management?

  • The YMCA of the Cedar Rapids Metropolitan Area is dedicated to the fair
    treatment, access, opportunity and advancement for all people. We strive to
    achieve inclusion and work very hard to eliminate barriers that may prevent
    diversity.
  • The YMCA of the Cedar Rapids Metropolitan Area leadership and
    management at all levels are engaged in diversity and inclusion practices and
    are committed to sustaining diversity and inclusion best practices through
    education and awareness opportunities.

 

Sex-Segregated job assignments
For sex-segregated jobs, transgender employees will be classified and assigned in a
manner consistent with their gender identity, not their sex assigned at birth.

 

Restroom Accessibility
Members and Employees shall have the right to the restroom corresponding to their gender identity. Any member or employee who has a need or desire for increases privacy, regardless of the underlying reason, will be provided access to a single-stall restroom, when available. No member or employee, however, shall be required to use such restroom. All members or employees have a right to safe and appropriate restroom facilities, including the right to use a restroom that corresponds to the member’s or employee’s gender identity, regardless of the member’s or employee’s sex assigned at birth. That is, transgender women must be permitted to use the women’s restroom, and transgender men must be permitted to use the men’s restroom. That decision should be left to the transgender member or employee to determine the most appropriate and safest option for them.

Some members or employees – transgender or non-transgender – may desire additional privacy. Where possible, an employer will make available a unisex single-stall restroom that can be used by any member or employee who has a need for increased privacy, regardless of the underlying reason. For example, if any member or employee does not want to share a multi-person restroom with a transgender coworker, they can make use of this kind of option, if available.

 

Locker Room Accessibility
All members and employees have the right to use the locker room that corresponds to their gender identity. Any member or employee who has a need or desire for increased privacy, regardless of the underlying reason, can be provided with a reasonable alternative changing area such as the use of a private area, or using the locker room that corresponds to their gender identity before or after other members or employees. Any alternative arrangement for a transgender member or employee will be provided in a way that allows the member or employee to keep their
transgender status confidential.

 

Public Accommodations or Service
Camping, camp grounds and housing under the management of the YMCA of the Cedar Rapids Metropolitan Area, members and employees shall have the right to facilities corresponding to their gender identity. Any member or employee who has a need or desire for increased privacy, regardless of the underlying reason, will be provided with reasonable alternatives, such as a private changing area, or building, or room that corresponds to their gender identity. Any alternative arrangement for a transgender member or employee will be provided in a way that allows the member or employee to keep their transgender status confidential.

In conjunction and in accordance with Iowa Code: 216.7(1). It shall be unfair or discriminatory practice for any owner, lessee, sub-lessee, proprietor, manager, or superintendent of any public accommodation or any agent or employee thereof;
a) To refuse or deny to any person because of gender identity the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of gender identity in the furnishing of such accommodations, advantages, facilities, services, or privileges.

b) To directly or indirectly advertise or in any other manner indicate or
publicize that the patronage of any particular gender identity is unwelcome.
Objectionable, not acceptable, or not solicited.

 

Dress Code
The YMCA of the Cedar Rapids Metropolitan Area does not have dress codes that restrict or employees’ clothing or appearance on the basis of gender. Transgender and gender non-conforming employees have the rights to comply with company dress codes in a manner consistent with their gender identity or gender expression.

 

Discrimination/Harassment
It is unlawful and violates company policy to discriminate in any way (including, but not limited to, failure to hire, failure to promote, or unlawful termination) against an employee because of the employee’s actual or perceived gender identity.  Additionally it is unlawful and contrary to this policy to retaliate against any person objecting to, or supporting enforcement of legal protections against, gender identity discrimination in employment.

The YMCA of the Cedar Rapids Metropolitan Area is committed to creating a safe environment for transgender and gender non-conforming members and employees.  Any incident of discrimination, harassment, or violence based on gender identity or expression will be given immediate and effective attention, including, but not limited to, investigating the incident, taking suitable corrective action, and providing members, employees and staff with appropriate resources.

Health Insurance Benefits
The YMCA of the Cedar Rapids Metropolitan Area does enter into health insurance contracts that include coverage for transition-related care.

The YMCA of the Cedar Rapids Metropolitan Area treatment plan is based on identifiable external sources including the World Professional Association for Transgender Health (WPATH) standards, and/or evidence-based professional
society guidance.

 

Workplace Transition Plan
This Workplace Transition Plan addresses some of the processes that may occur at the YMCA of the Cedar Rapids Metropolitan Area during an employee transition.

Before the Workplace Plan Transition Begins:
1.  The transitioning employee should get together with their selected first point
of contact to make them aware of the employee’s upcoming transition.

2.  If the point of contact is not in HR, then the transitioning employee should be referred to HR. Make sure the employee knows about the company’s transgender-related policies and the availability of transition-related health
care benefits.

3.  If the transitioning employee’s supervisor was not the first point of contact, a meeting between the transitioning employee and the employee’s supervisor and others, if desired by the transitioning employee should be scheduled to ensure the supervisor knows of the employee’s planned transition.

  • Note: Management beyond the transitioning employee’s supervisor should be made aware of the employee’s planned transition so thatleaders can express their support when the employee’s transition is
    made known to the employee’s work team.

4. The transitioning employee and their initial point person should meet to discuss all of the individuals who will need to be included in the workplace transition plan. This should include the employee, the employee’s immediate
supervisor, and someone from HR. All members of this transition team should familiarize themselves with the company’s policies and nay other relevant resources that provide educational information about transgender
issues.

  • Keep in mind that a timeframe would be helpful for when each person
    needs to become involved in the employee’s transition process, as it is
    likely not all individuals of the transition team need to be brought on
    board at once.
  • Also recognize that certain stages of the workplace transition process
    will require more lead time than others. Set a time line that attempts
    to realistically and accurately predict how long each step should take.

 

The Workplace Transition Plan should address all of the following areas:
i.   The date when the transition will officially and formally occur.

  • This means the date that the employee will change their gender expression, name, and pronouns. The transitioning employee may choose to begin using the restroom and locker room associated with their gender identity on this date as well. The transitioning employee will know best when this should occur as they will be able to determine all relevant factors to be considered when choosing this date.

ii.  Decide how, and in what format, the transitioning employee’s co-workers should be made aware of the employee’s transition. It is up to the transitioning employee to decide if they would like to make some coworkers
aware of their transition on a one-on-one basis before it is officially announced.

iii.  Decide what, if any, training will be given to co-workers.

iv.  Determine what updates should be made to the transitioning employee’s records, and when they will be made.

v.  Determine dates of any leave that may be needed for pre-scheduled medical procedures.

vi.  Ensure that all name changes and photographs are updated in advance so that they can go live on the transition day. This includes email addresses.  Make sure to keep in mind that name changes within certain processes could take longer than others.  Figure this into your Transition Plan timeline.

The Day the Transition Will Be Made Known to the Work Team:
1.  Have a work team transition meeting that includes the transitioning employee, the employee’s supervisor, co-workers, and any other team of regional leadership if they are able to attend live. Otherwise, remote conference any members of the transition teams or employee’s work team that cannot be there live. It’s important to have this meeting in person if at all possible. If the employee thinks it would be helpful, a handout about transgender issues can be provided at this meeting. It is up to the employee whether they feel comfortable attending or would prefer not to be there.

2. The head of the employee’s work team should announce the transition, along with any other high level management who are there in order to show solidarity for the transitioning employee. The speaking supervisor must:

i. Emphasize the transitioning employee’s importance at the company and the management’s complete support of the employee’s transition.

ii. Review the company’s relevant nondiscrimination policies.

iii. Indicate that the transitioning employee will be presenting themselves in accordance with their gender identity and this should be respected.  The manager should also advise co-workers about the transitioning employee’s new name and preferred pronoun.

iv. Be a behavioral model by using the transitioning employee’s new name and pronoun in all communication, written and oral, formal and informal.

v. Make a point that the transition will not change the workplace and that everything should go on as it did previously.

vi. Solicit any questions. Refer questions the manager cannot answer to HR.

vii. If training is going to occur, the date should be announced at this meeting. If possible, the training should occur before the date of the employee’s official workplace transition.

The First Day of the Employee’s Official Workplace Transition:
The transitioning employee’s supervisor should be clear that all elements are in place, in the same way the supervisor would for a new hire or transferred employee. These elements should include:

1. Making sure that the transitioning employee has a new ID badge and photo if necessary.

2. Ensure all work documents have the appropriate name and gender and checking that these have been changed in all of the places an employee’s name may appear.

Member Transition Plan
This Member Inclusion Plan addresses some of the processes that may occur at the YMCA sites.  Before the Member Inclusion Plan Begins:

5. The member or potential member’s should get together with their selected first point of contact to make them aware of the member’s current or upcoming inclusionary or transition plan.

6. If the point of contact is not in HR, then the inclusionary or transitioning members should be referred to HR. Make sure the members know about the company’s inclusionary or transgender-related policies.

7. If the inclusionary or transitioning member’s first point of contact was not a supervisor, a meeting between the inclusionary or transitioning member and the site supervisor and others, if desired by the inclusionary or transitioning member a meeting should be scheduled to ensure the supervisor knows of the members current or planned transition.

  • Note: Management beyond the membership supervisor should be
    made aware of the member’s inclusion plan so that leaders can
    express their support when the member’s gender identity is made
    known to that sites staff.

8. The inclusionary or transitioning member and their initial point person should meet to discuss all of the individuals who will need to be included in the inclusion plan. This should include the member, immediate site supervisor, and someone from HR. All members of this inclusionary team should familiarize themselves with the company’s policies and any other relevant resources that provide educational information about inclusion or
transgender related issues.

  • Keep in mind that a timeframe would be helpful for when each person needs to become involved in the members inclusionary or transition process, as it is likely not all individuals of the inclusionary team need
    to be brought on board at once.
  • Also recognize that certain stages of the member inclusionary or transition process will require more lead time than others. Set a time line that attempts to realistically and accurately predict how long each
    step should take.

The Member Inclusionary or Transition Plan should address all of the following areas:

i. The date of arrival and or when the transition will officially and formally occur.

  • This means the date the member will arrive, the name or pronoun to be used upon arrival or the date the member will change their gender expression, name, and pronouns. The inclusionary or transitioning member may choose to begin using the restroom and locker room associated with their gender identity on this date as
    well. The member will know best when this should occur as they will be able to determine all relevant factors to be considered when choosing this date.

ii. Decide how, and in what format, the staff should be made aware of the member’s preferred identity. It is up to the member to decide if they would like to make some staff aware of their transition on a one-on-one basis before it is officially announced or in transition.

iii. Decide what, if any, training will be given to staff.

iv. Determine what updates should be made to the transitioning member’s records, and when they will be made.

v. Ensure that all name changes and photographs are updated in advance so that they can go live on the day of arrival or transition day. This includes email addresses. Make sure to keep in mind that name changes within certain processes could take longer then in others. Figure this into your Inclusion Plan timeline.

 

The Day the Member Gender Identity Will Be Made Known to the Staff:

3. Have a work team inclusionary meeting that includes the member, the member’s assigned point of contact, the membership staff, and any other team of regional leadership if they are able to attend live. Otherwise, remote
conference any member of the inclusionary team or staff team that cannot be there live. It’s important to have this meeting in person if at all possible.

4. The head of the inclusionary team should announce the member’s preference or transition, along with any other high level management who are there in order to show solidarity for the member. The speaking supervisor must:

i. Emphasize importance of inclusion policies at the company and the management’s complete support of the membership inclusion.

ii. Review the company’s relevant nondiscrimination policies.

iii. Indicate that the member will be presenting themselves in accordance with their gender identity and this should be respected. The manager should also advise staff about the members or transitioning new name and preferred pronoun.

iv. Be a behavioral model by using the members preferred name and preferred pronoun in all communication, written and oral, formal and informal.

v. Make a point that the members preferred gender identity will not change the work environment and that everything should go on as it did previously.

vi. Solicit any questions. Refer questions the manager cannot answer to HR.

vii. If training is going to occur, the date should be announced at this meeting. If possible, the training should occur before the date of the employee’s official workplace transition.

The First Day of the Member’s Official Visit or Transition:
The member or transitioning member’s site supervisor should be clear that all elements are in place, in the same way the supervisor would for any new member.

These elements should include:
1. Making sure that the member has a new ID badge and photo if necessary.

2. Ensure all work documents have the appropriate name and gender and checking that these have been changed in all of the places a member’s name may appear.

 

References:
This policy is based on a number of existing policies including those adopted by major employers like Ernst &
Young, Chevron, and the federal Office of Personnel Management, as well as guidelines and model policies
created by the California Safe Schools Coalition, http://www.casafeschools.org/csscmodelpolicy1209.pdf;
Human Rights Campaign, http://www.hrc.org/resources; Can we talk? Everything You Wanted to Know But
Were Afraid to Ask: A Panel on LGBTQ Issues in Education; Polly Petree Hampton J.D., Southern Illinois
University, 2004 Illinois Bar 2004, Iowa Bar 2015 Civil Rights Specialist, Non-Housing Screening and
Investigations, Mediation, Conciliation; Nicole Proesch, J.D., Drake University Law School, 2004, Iowa Bar 2004,
Legal Counsel for the IOWA Department of Education, Directors Office 2012 to Current, Federal and State
prosecutor from 2005-2012; Cedar Rapids Civil Rights Commission, Janet A. H. Abejo-Parker, M.A. SHRM-SCP
Senior Investigator, Iowa Civil Rights Commission: Chapter 69, Iowa Code: 216.2a,b; and The Transgender
Law Center (TLC) the largest American transgender-led civil rights organization in the United States.

This policy is subject to change or can be terminated by the Company at any time. This policy supersedes all prior policies, procedures, or advisories pertaining to the same subject.

Policy Revision History
Version: Version 0.1
Effective Date: 10/02/2018
Authorized by:  Steven Dolezal, VP/Chief Operating Officer YMCA of the Cedar Rapids Metropolitan Area, dolezal@crmetroymca.org

Affected Provisions:  Document Effective Date and Contact Information 10/02/2018

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