City Council To Vote On Policy Prohibiting Discrimination Based On Sexual Orientation Or Gender Identity

Friday, November 8, 2013

The City Council on Tuesday will not only vote on an ordinance granting benefits to domestic partners, but will also consider a new ordinance that prohibits employment discrimination on the basis of sexual orientation or gender identity.

The new ordinance is designed "to address the history and widespread pattern of discrimination on the basis of sexual orientation or gender identity; and to provide a comprehensive prohibition of employment discrimination by the city on the basis of sexual orientation or gender identity, including meaningful and effective remedies for any such discrimination."

The ordinance says the term “sexual orientation” means homosexuality.

It says the term “gender identity” means "the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth."

It says that nothing in the ordinance "shall be construed to require the construction of new or additional facilities." Councilman Larry Grohn has raised the issue of a male who had a sex change to a female going into the women's restroom.

The ordinance also says, "Nothing in this ordinance shall be construed to establish an unlawful employment practice based on actual or perceived gender identity due to the denial of access to shared shower or dressing facilities in which being seen unclothed is unavoidable, provided that the employer provides reasonable access to adequate facilities that are not inconsistent with the employee’s gender identity as established with the employer at the time of employment or upon notification to the employer that the employee has undergone or is undergoing gender transition, whichever is later."

Here is the full text of the ordinance:

ORDINANCE NO. __________
AN ORDINANCE AMENDING CHATTANOOGA CITY CODE, PART II, CHAPTER 2, ARTICLE III BY INSERTING A NEW DIVISION XX ENTITLED “EMPLOYMENT NON-DISCRIMINATION ORDINANCE”.
_______________________________________________________

WHEREAS, the City Council of the City of Chattanooga desires to prohibit employment discrimination on the basis of sexual orientation or gender identity.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Part II, Chattanooga City Code, Chapter 2, Article III, Division XX of the Chattanooga City Code is hereby amended by inserting a new Division XVI as follows:
DIVISION XX – EMPLOYMENT NON-DISCRIMINATION
Sec. 2-450. Short Title.
This Ordinance may be cited as the “Employment Non-Discrimination Ordinance”.
Sec. 2-451. Purposes.
The purposes of the Employment Non-Discrimination Ordinance are:
(1) To address the history and widespread pattern of discrimination on the basis of sexual orientation or gender identity; and
(2) To provide a comprehensive prohibition of employment discrimination by the City on the basis of sexual orientation or gender identity, including meaningful and effective remedies for any such discrimination.

(1) EMPLOYEE-
(A) IN GENERAL- The term “employee” means an employee as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); and
(B) EXCEPTION- The provisions of this Ordinance that apply to an employee or individual shall not apply to a volunteer who receives no compensation.
(2) GENDER IDENTITY- The term “gender identity” means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.
(3) PERSON- The term “person” has the meaning given the term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)).
(4) SEXUAL ORIENTATION- The term “sexual orientation” means homosexuality.
Sec. 2-453. Employment Discrimination Prohibited.
(a) Employer Practices- It shall be an unlawful employment practice for the City—
(1) To fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual’s actual or perceived sexual orientation or gender identity; or
(2) To limit, segregate, or classify the employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment or otherwise adversely affect the status of the individual as an employee, because of such individual’s actual or perceived sexual orientation or gender identity.
(b) Training Programs- It shall be an unlawful employment practice to discriminate against any individual because of the actual or perceived sexual orientation or gender identity of the individual in admission to, or employment in, any program established to provide apprenticeship or other training.

(c) No Preferential Treatment or Quotas- Nothing in this Ordinance shall be construed or interpreted to require the City to adopt or implement a quota on the basis of actual or perceived sexual orientation or gender identity.

Sec. 2-454. Retaliation Prohibited.
It shall be an unlawful employment practice for an employee of the City to discriminate against an individual because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Ordinance.
Sec. 2-455. Construction.
(a) Employer Rules and Policies-
(1) IN GENERAL- Nothing in this Ordinance shall be construed to prohibit the City from enforcing rules and policies that do not intentionally circumvent the purposes of this Ordinance, if the rules or policies are designed for, and uniformly applied to, all individuals regardless of actual or perceived sexual orientation or gender identity.
(2) SEXUAL HARASSMENT- Nothing in this Ordinance shall be construed to limit the City from taking adverse action against an individual because of a charge of sexual harassment against that individual, provided that rules and policies on sexual harassment, including when adverse action is taken, are designed for, and uniformly applied to, all individuals regardless of actual or perceived sexual orientation or gender identity.
(3) CERTAIN SHARED FACILITIES- Nothing in this Ordinance shall be construed to establish an unlawful employment practice based on actual or perceived gender identity due to the denial of access to shared shower or dressing facilities in which being seen unclothed is unavoidable, provided that the employer provides reasonable access to adequate facilities that are not inconsistent with the employee’s gender identity as established with the employer at the time of employment or upon notification to the employer that the employee has undergone or is undergoing gender transition, whichever is later.
(4) ADDITIONAL FACILITIES NOT REQUIRED- Nothing in this Ordinance shall be construed to require the construction of new or additional facilities.(5) DRESS AND GROOMING STANDARDS- Nothing in this Ordinance shall prohibit the City from requiring an employee, during the employee’s hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of Federal, State, or local law, provided that the employer permits any employee who has undergone gender transition prior to the time of employment, and any employee who has notified the employer that the employee has undergone or is undergoing gender transition after the time of employment, to adhere to the same dress or grooming standards for the gender to which the employee has transitioned or is transitioning.
BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage, as provided by law.
Passed on second and final reading:_____________
_______________________________


Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: AMMONS, ASHTON 2421 VINE ST CHATTANOOGA, 37404 23 Chattanooga DRUGS GENERAL CATEGORY FOR RESALE (CRACK COCAINE) DRUGS GENERAL CATEGORY FOR RESALE (XANEX) POSSESSION OF CONTROLLED SUBSTANCE BAILEY, SHAWN EDWARD 1 FRANKLIN PLACE EAST RIDGE, 37412 23 Chattanooga DRUGS GENERAL CATEGORY FOR ... (click for more)

Red Bank Man Hits Deputy In The Face; SWAT Team Finds Him In Basement

After officers went to the home of a Red Bank man for a wellness check on Thursday afternoon, he struck a deputy in the face, then retreated to inside his house. SWAT Team members later stormed the house and found Linsey Rentzell in the basement. Red Bank Police Department was notified earlier this afternoon by a mental health official from Johnson Mental Health Center in ... (click for more)

The Problems With Prescription Drug Addiction

In Tennessee today, we have a major problem with prescription drug addiction, particularly when powerful opioid pain relievers are concerned.    For the first time in 2012, Tennesseans abused prescription opioid drugs more than alcohol.  Our young people ages 18-25 abuse prescription opioids at a 30 percent higher rate than the national average.  In just five ... (click for more)

Roy Exum: The Hillman Of Bihar

In the year of our Lord, 1927, there was a very poor child born to a very poor family in a very poor place. His name was Dasrath Manjhi and he was a native of the Musahar community somewhere in India. We know he had no education and, as a member of the lowest Hindu scheduled castes, he didn’t have a cut dog’s chance from the very get go. But after spending considerable time in ... (click for more)

Mossburg Fans 11, Stymies Innisdale In Pounder Classic

Innisdale Secondary School, out of Barrie, Ontario, Canada, looked like a baseball team that had been cooped up in its basketball gymnasium for weeks while harsh winter weather slammed the province. The Invaders, getting outside for the first time, were held hitless and scoreless over five innings by Silverdale pitcher Tyler Mossburg and the Seahawks went on to beat Innisdale, ... (click for more)

Lookouts Introduce FSG Bank As Their Presenting Partner; New Deck Set For 3rd Base Line

FSG Bank was introduced Thursday as the presenting partner for Chattanooga Lookouts baseball. Improvements were also announced, including a new deck down the third base line. This multi-year partnership joins together two of Chattanooga’s hometown community businesses.  FSG Bank’s presence will be felt by fans throughout their ballpark experience with the creation of ... (click for more)