03-26-12 Council Agenda & Packet

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4. Enforcement. The Employment Fairness ordinance (Bill 30-10) is enforceable "to the extent consistent with state law." (Section 2-131(i)(1)(B). The Commission would, therefore, investigate cases, make assessments of probable cause, and offer its conciliation services at no charge, (By the way, a great percentage of all Human Rights Commission probable cause cases are resolved in this manner.) The experience of Bloomington, Indiana (with a up rely voluntary ordinance), is that all probable cause claims since ordinance enactment in 1993 have been resolved satisfactorily through conciliation. Miscellaneous Matters in Kathv's Memo 1. Use of "Employment Fairness" in Bill Title but not within Ordinance. As mentioned previously, Bill 30-10 is simply an amendment to existing Article 9 of the South Bend Municipal Code known as the "Human Rights Ordinance." Inclusion of fairness in employment without regard to gender identity or sexual orientation is part of the broader category of"Human Rights." 2. Limitations. As previously noted, certain limitations to the Human Rights Commission's jurisdiction are mandated by state law and are included in the 1973 ordinance which are not repealed by Bill 30-10. The only other new limitation is the Boy Scout exception previously noted, and the clarification about employment benefits. 3. Definition of Employment_Discrimination. I have covered this previously. The 1973 ordinance did not define "employment discrimination" per se, consistent with the format of the Civil Rights Act of 1964. The Human Rights Commission applies the common law interpretation of employment discrimination as it has been doing in its work for nearly 40 years. 4. "In Employment" and "In the Matter of Employment" Distinguished. I explained this previously. The phrase "in the matter of employment" is used throughout the ordinance whenever needed to make clear that sexual orientation and gender identity are protected only "in the matter of employment" and not in the matters of housing or public accommodation. 5. Statement of Purpose and Intent. The statement of purpose and intent is used only to explain the Bill. It is not necessary to repeat language from this portion of the Bill in the Bill itself. 6. Definition of "Gender Identity". I covered this already. 7. Definition of "Sexual Orientation". I covered this already. 8. 3 Prong Standard. I believe Buddy Kirsits covered all of this quite well in his power point presentation, supplemented by Lonnie Douglas's statement about requests for assistance turned down by the Commission. 9. Human Rights Resolution. The Human Rights Resolution approving Bill 30-10 was properly passed in compliance with Open Door law requirements and is not subject to challenge on that basis after 30 days from passage.