06-24-09 Mayor bars worker discrimination for gender identity

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EXECUTIVE ODER NO. 1-2009 FREQUENTLY ASKED QUESTIONS (FAQ) Q.What is an Executive Order and how is it different from an Ordinance or Resolution? A.An Executive Order is a statement of administrative policy issued by the chief executive of a unit of government, in this case, the Mayor of the City of South Bend. It applies to government employees internal operations of the governmental unit. Legislative ordinances and resolutions are laws issued by the government’s legislature (South Bend Common Council) which bind all persons with the governmental unit. Q.What type of activity is prohibited under Executive Order 1-2009? A.The South Bend Human Rights Ordinance already prohibits City government from discriminating against anyone based on race, color, disability, religion, sex, age, national origin or veteran status. The Mayor’s executive order adds sexual orientation to that list and prohibits the use of an individual’s sexual orientation or gender identity as a basis for employment decisions, including hiring, firing, promotion, compensation, and other terms and conditions of City employment. Q.What is discrimination based on sexual orientation or gender identity? A.Sexual orientation and gender identity discrimination including being treated differently or harassed because of real or perceived sexual orientation – whether gay, lesbian, bisexual, or straight (heterosexual) or real or perceived gender identity. Q.Are private employers affected by the Executive Order? A.No. Executive Order No. 1-2009 applies only to the City of South Bend including all of its departments, divisions and employees. Q.How will the Order be implemented? A.The City will take the following steps to implement the policy: 1.All materials containing the City’s Equal Employment Opportunity policy, including the City’s Employee Manual, will be modified to include prohibition against discrimination based on sexual orientation or gender identity. 2.The prohibition against discrimination based on sexual orientation or gender identity will be discussed in all employee training sessions in which the City’s Equal Employment Opportunity policy is addressed. 3.All City Department heads will show their support of the City’s policy by communication to City employees working in their department, by including standard language prohibiting sexual orientation discrimination in all appropriate departmental documents, and by reporting their efforts to the City Controller.