06-14-10 Council Agenda & Packet

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Employment Fairness Cover Letter page 3 and gender identity. In 2005 and 2006, members of the Human Rights Commission began discussing concerns about such discrimination at both commission meetings and a commission retreat. The Human Rights Commission sent the Common Council the following statement: "The South Bend Human Rights Commission is an agency of the City of South Bend, Indiana, committed to fair and equal treatment of all human beings. It is the responsibility and during of the Human Rights Commission to make sure that no human being is mistreated based on status, without making value or moral judgments. Gays, lesbians, bisexuals, and transgendered (GLB &T) persons have experienced mistreatment based on their GLB &T status. The South Bend Human Rights Commission supports and encourages the South Bend Common Council to hear from the general public; to explore, investigate and to determine the degree to which GLB &T persons have been treated adversely within the City of South Bend due to their GLB &T status. The South Bend Human Rights Commission further encourages the South Bend Common Council, working cooperatively with the South Bend Human Rights Commission, to create an appropriate remedy." (adopted January 19, 2005) On February 28, 2005, members of the community organization South Bend Equality brought concerns about discrimination to the attention of the South Bend Common Council during Privilege of the Floor. It was reported that individuals in the community were facing discrimination, including unfair treatment in employment. Investigation of the matter was assigned by Council President Charlotte Pfeifer to the council's Personnel and Finance Committee. This committee was selected after conferring with the council attorney, because the Personnel and Finance Committee has financial oversight of the South Bend Human Rights Commission, and the Human Rights Commission reports to this committee. During 2005, Charlotte Pfeifer sponsored a series of community forums to discuss the issue in different districts. Members of the South Bend Human Rights Commission and the Human Rights Director attended some of these meetings, and they heard concerns from individuals about the effects of discrimination on the basis of sexual orientation and gender identity. On April 11, 2005, the Council's Personnel and Finance Committee reviewed a presentation by South Bend Equality entitled "Evidence of Discrimination against GLBT Individuals in the South Bend Area,'' which is on file in the Office of the City Clerk. On April 19, 2006, Council Members Charlotte Pfeifer and Roland Kelly proposed a broad amendment to the Human Rights Ordinance which would have added sexual orientation and gender identity to the ordinance. The amendments included would have allowed the Human Rights Commission to investigate reports of discrimination on the basis of sexual orientation or gender identity in four areas: employment, education, housing, and public accommodations. The proposed amendment was similar to ones adopted by other Indiana cities, such as Bloomington, Fort Wayne, Indianapolis, Lafayette, Michigan City, Terre Haute, and West Lafayette. Tippecanoe County and Marian County have also adopted similar legislation. Time for public comment on the legislation was provided. Extensive public discussion and debate of the ordinance proposed by Council Members Pfeifer and Kelly were carried out over