The proposed non-discrimination ordinance was on Council’s agenda yesterday, but it did not come to a vote as it was tagged, which means it’ll be voted on next week. The Chron’s preview story gave some insight into what we should expect from the ordinance based on the experience of other cities that already have protections for sexual orientation and gender identity in their local codes.
Houston handles discrimination complaints from city employees and sends a hundred housing complaints to federal authorities each year, [city attorney David] Feldman said. The work added by protecting sexual orientation and gender identity and covering places of public accommodation may be modest.
Less than half of 1 percent of the housing complaints Fort Worth received last year were based on sexual orientation, and the city received no employment claims based on sexual orientation, according to an annual report
Fort Worth has received five complaints against places of public accommodation in the last two years; Austin typically sees three or fewer per year.
“The fact that it creates a scheme that is almost entirely voluntary compliance doesn’t reduce the value or the effect of it,” said Jonathan Babiak of Austin’s Equal Employment/Fair Housing Office. “Many, many people are going to comply just because it’s the law.”
Since passing its nondiscrimination ordinance last fall, San Antonio has learned of three incidents of alleged discrimination in areas other than housing, all against transgender or gay residents. The events, one involving a city contractor and two involving businesses that serve the public, have not yet resulted in formal complaints, said deputy city attorney Veronica Zertuche. One city employee also has filed a complaint based on sexual orientation, she said.
In El Paso, deputy city attorney Laura Gordon said she is aware of two incidents of alleged discrimination in places of public accommodation, both from gay couples, and neither of which resulted in a complaint. El Paso does not cover private employment.
Feldman said a Dallas official reported that city has received 12 complaints not related to housing in the decade that its ordinance has been in effect.
Feldman said he foresees Houston fielding more employment and public accommodation complaints than other cities, due, in part, to its size.
“We’ve never had it before, and now people will say, ‘Ah, there’s a remedy here,’ ” Feldman said. “But I also think it will dissipate in time.”
Houston’s added workload also would be limited by its exemption for businesses with fewer than 50 employees. Fort Worth and Austin exempt businesses of 15 or fewer employees, matching federal and state laws. Texas Workforce Commission data show 29 percent of the state’s private workforce is employed by firms with fewer than 50 workers.
Houston GLBT Political Caucus president Maverick Welsh and others want the 50-worker exemption dropped to 15. “I’m very optimistic,” Welsh told the council Tuesday. “I believe you’ll do the right thing.”
See here and here for the background. An amendment proposed by CM Robert Gallegos would lower the threshold to 15 employees; we’ll see how that one goes. As there will be another public session of Council on Tuesday the 13th, with the vote scheduled for the 14th, there will be another opportunity to address Council and show your support for the ordinance and CM Gallegos’ amendment. Email [email protected] to get on the list of speakers for that.
The late Wednesday story has more on the amendments.
Councilman Oliver Pennington proposed the most substantial changes to the measure, seeking to exempt all private employers and to permit discrimination in the sale or rental of a single-family home if the seller or landlord owns eight or fewer homes; the current drafts exempts the owners of three or fewer houses.
Pennington also seeks to allow a first-offense conviction to be dismissed if the person is not convicted of discrimination again within a year, and wants to let someone accused of denying a transgender person access to the public restroom of his or her choice to have the complaint dismissed by submitting an affidavit explaining the decision to deny access.
“The thrust of my amendments today was to promote voluntary compliance, and I know reconciliation is provided for now, but for first offenses there’s still a possibility for criminal prosecution,” Pennington said. “Whatever we can do, in the long run, to promote interaction with the affected parties on a voluntary basis will be a worthwhile thing to do and I hope we can reach that.”
Other council members sought to strengthen the ordinance.
Councilman Robert Gallegos wants the measure to cover more private employees by dropping the proposed exemption for businesses that employ fewer than 50 workers to those with 25, and then to 15 over two years.
That change had been advocated by the Houston GLBT Political Caucus, which said the stated exemption left too many workers unprotected.
“The transition from 50 to 15, which is the more common standard across the United States, was thoughtful,” Parker said. “That may be doable … .”
CM Pennington’s amendment is a non-starter. CM Gallegos’ amendment is the one to watch. Most of the rest were technical in nature.
Back to the Tuesday story:
[Mayor Annise] Parker and 11 of the 16 City Council members agreed last fall to support a nondiscrimination ordinance. Some members have expressed concerns about the item, however.
The 11 Council members that stated their support for an NDO in their screening questionnaire for the Houston GLBT Political Caucus are listed here. Of those 11, CM Christie has waffled a bit, but I think in the end he’ll be a Yes. In addition, based on his willingness to engage on the issue and the feedback I’ve heard, I have hope that CM Kubosh will vote in favor as well, though he expressed some doubts in Wednesday’s story. CM Nguyen is hard to read, CM Martin is a firm No, CM Pennington is a likely No, and as of Tuesday CM Stardig is a No. I recommend you read Brad Pritchett’s response to CM Stardig, as he says what needs to be said. It’ll be interesting to see how that plays out in 2015. Be that as it may, I expect this to pass with a healthy majority next week, and about damn time for it. Texpatriate has more.