07-26-10 Common Council Meeting Minutes

Home Browse Search

REGULAR MEETING JULY 26, 2010 th employment since 1956. He stated that on June 16 2010, the Human Rights Commission passed a resolution requesting that the Common Council pass Bill 30-10, which would amend the Human Rights Ordinance to include prohibitions against employment discrimination on the basis of sexual orientation and gender identity. The vote was all in favor with one member of the Commission absent. He stated that he wanted to be clear that, in this resolution, the Commission has his full support for several reasons. First, as the resolution noted, the Commission receives complaints alleging employment discrimination based on sexual orientation or gender identity, but is not empowered to investigate these complaints. The Commission can assist GLBT citizens who face discrimination on the basis of their sex, their religion, their race, or their color, but if discrimination is focused on sexual orientation or gender identity, the Commission cannot investigate on behalf of any citizen, gay or straight. Bill No. 30-10 would allow the Commission to treat GLBT persons the same as any other citizen of our City. Right now they are not receiving equal and just treatment. Second, because the mission of the Commission is to initiate investigations into discriminatory practices, the proposed amendment is necessary for the Commission to carry out its mission. In addition to receiving reports and carrying out investigations, the Commission acts as conciliator between employer and employee. The Commission is not able to serve these functions with regards to sexual orientation or gender identity discrimination without enabling legislation. Discrimination is discrimination, and is of great concern to the Commission. Third, one of the duties of the Commission is to recommend to the Mayor and the Common Council legislation that can further the purposes of the Human Rights Ordinance. Because the Human Rights Ordinance is intended to promote equal opportunity in employment for all of South Bend’s citizens, the Commission is compelled to act when a specific type of discrimination is repeatedly reported. He stated that for these reasons, he supports the Human Rights Commission’s resolution, and encourages the Common Council to pass Bill No. 30-10. Amending the Human Rights Ordinance will give the Commission the ability to respond to allegations of employment discrimination, investigate such reports, and assist individuals when evidence of discrimination is found. He stated that he realizes that the impact of this legislation may be a concern on the Commission’s budget. On the basis of statistics from other cities that have adopted similar amendments, the adoption of this legislation is not expected to have a significant impact on the Commission’s budget. Any additional expenses are likely to be due to updating forms and educating the staff and community about this change. I have initiated discussions to enlist the cooperation of individuals in the community who would assist in the educational process on a pro-bono basis, should the amendment pass. He thanked the Council for their careful attention to this matter. He appreciates the effort in helping to ensure equal employment opportunity for all individuals in South Bend. He urged the Council to continue to make the City of South Bend a proactive City. Penny Hughes, Chairperson, South Bend Human Rights Commission, residing at 1918 Southernview Drive, South Bend, Indiana, stated that she has spoken before on this topic. She stated that the Commission’s view is that they want everyone to be able to go to work and not be discriminated against regarding their sexual orientation or gender identity. She stated that the Council is going to hear tonight that GOD wants them to change. Ms. Hughes stated that she believes that GOD doesn’t make mistakes and loves diversity and recognizes that everyone deserves the right to go to work and not be discriminated against. She urges the Council to vote in favor of Bill No. 30-10 The following individuals spoke in favor of this bill: Mr. Kent Hull, 238 S. Hawthorne Drive, South Bend, Indiana, stated that his an Attorney and an adjunct faculty member of the Notre Dame Law School. He stated that he strongly supports Bill No. 30-10 because it has merit and is worthy of passage by the Council. He stated that he attended the committee meeting this afternoon and there was good dialogue that took place, however, some Councilmember’s questioned for more discussion and clarity on some points that were vague to them. Mr. Hull stated that the bill is sufficiently clear and not just invented; it was drawn from other cities and drafted from experience of other cities. He stated that he accepts the fact if the Council still has questions and would like to delay this bill until all those questions have been answered. He stated that this bill is needed and works to help contribute to the health of the 4