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HomeMy WebLinkAbout06-24-09 Mayor bars worker discrimination for gender identity Office of the Mayor NEWS RELEASE June 24, 2009 Noon Mayor bars worker discrimination for gender identity Contact: Mikki Dobski, Director of Communications & Special Projects, 235-5855 or 876- 1564, or City Attorney Chuck Leone, 235-9241 Mayor Stephen J. Luecke today issued the first executive order in his 12 years in office, barring discrimination on the basis of sexual orientation or gender identity for City employees or in municipal government’s recruitment of prospective workers. Although less far-reaching than a previously proposed Human Rights Ordinance, Executive Order No. 1-2009 prohibits discrimination on the basis of sexual orientation or gender identity in any municipal employment. The statement of administrative policy also directs departments and other internal operations of City government to: Update the City’s Equal Employment Opportunity policy and employment manual. Discuss discrimination on the basis of sexual orientation or gender identity in related employee training sessions. Incorporate standard language prohibiting this form of discrimination in all appropriate documentation, reporting such efforts to the City Controller. The Executive Order became effective today when Luecke signed his name to the two- page document. “The City of South Bend is a progressive community that believes in freedom and equality of opportunity for all. We treat everyone with dignity and respect,” Luecke said. “This order ensures that my administration will not tolerate discrimination on the basis of sexual orientation or gender identity in employment decisions, including hiring, firing, promotion, compensations or other terms and conditions of city employment.” Any City employee or applicant for employment with the City of South Bend who experiences employment-related discrimination – whether because they are gay, lesbian, bisexual, transgendered or heterosexual – is encouraged to report such incidents to the Division of Human Resources, which will investigate and attempt to resolve the concerns. City employees are also encouraged to report incidents to their supervisor, department head or a Human Resources representative. An executive order is a statement of administrative policy issued by the mayor and applicable only to the internal operations of city government. It does not impact private employers. Although this represents Luecke’s first executive order, the mayor indicated he may issue executive orders “from time to time on matters within the scope of Mayor’s office.” Executive orders are a common tool used in governmental executive branches from mayors and governors to the president. 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. Sexual orientation and gender identity discrimination includes being treated differently or harassed because of real or perceived sexual orientation or gender identity. - 30 - 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. Q.What should a person do who believes he or she may have experienced discrimination based on sexual orientation or gender identity? A.City employees are encouraged to report what happened to their supervisor, Department Head or Human Resources representative who will then investigate and attempt to resolve the matter in the same way such issues are resolved for people who allege discrimination based on other grounds. Non-City employees who believe they have been discriminated against in their application for City employment are encouraged to report what happened to the Division of Human Resources which will investigate and attempt to resolve the issue in the same way such issues are resolved for people who allege discrimination based on other grounds. Q.Does the Executive Order create any right to file a charge with the South Bend Human Rights Commission or other agency? A.No. Remedies for persons who believe the policy has been violated are administrative and internal to City government.