AGENDA #4g

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Non-Discrimination Policies

 

DATE:             May 10, 2004

 

 

The attached ordinance would modify Town ordinances to change references from “affectional preference” to “sexual orientation” and to add gender expression and gender identity as prohibited bases for discrimination in employment with the Town. 

 

The attached resolution would modify the Town’s Comprehensive Plan to change the term “affectional preference” to “sexual orientation” and to include gender identity and gender expression as categories under the Town’s non-discrimination policy.

 

BACKGROUND

 

On March 22, 2004, the Council received and referred a petition from Council Member Kleinschmidt proposing changes to the Town’s ordinances and policies.  A copy of the petition is attached (Attachment 1).

 

DISCUSSION

 

Section 14-28 and 14-29 of the Town Code establish Town policy regarding recruiting and maintaining employees and promoting equal employment opportunity.  Those two sections provide as follows:

 

Sec. 14-28.  Statement of policy.

 

The policy of the town is to foster, maintain, and promote equal employment opportunity. The town shall select employees on the basis of applicant's qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, race, color, religion, nonjob-related disability, national origin, affectional preference, or marital status.

 

Sec. 14-29. Implementation of policy.

 

All personnel responsible for recruiting and employment will continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable job-related job requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, race, color, religion, nonjob-related disability, national origin, affectional preference, or marital status.

 

The attached Ordinance would amend Section 14-28 and 14-29 of the Code and the Town’s employment policy to change “affectional preference” to “sexual orientation” and to add gender identity and gender expression as prohibited bases for discrimination. 

 

The Town’s Comprehensive Plan, adopted by the Town Council on May 8, 2000, includes the following policy:

 

              “The Town shall administer all functions without discrimination because of race, creed, sex, national origin, age, economic status, or affectional preference.”

 

The attached resolution would modify this language to change “affectional preference” to “sexual orientation” and to add gender identity and gender expression as prohibited bases for discrimination.

 

We believe that these two changes are the changes needed to respond to the requests in the petition for policy changes.  Town publications, whether in print form or electronic, will be modified to reflect the amendments following the Council’s actions.  If there are other provisions of the Town’s Code or Policies where Council members believe this language should be considered, we would be pleased to evaluate those and offer modifying language.

 

The petition also requests that all current and new staff receive training regarding this change in policy.  We will provide appropriate information to all employees to explain the policy changes, and will include the information in all training covering these subjects.

 

RECOMMENDATION

 

That the Council enact the attached ordinance and adopt the attached resolution. 

 

ATTACHMENT

 

1. March 22, 2004 petition from Council Member Kleinschmidt (p. 5).

 

AN ORDINANCE TO AMEND THE TOWN OF CHAPEL HILL CODE OF ORDINANCES TO REVISE THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT TO INCLUDE SEXUAL ORIENTATION, GENDER IDENTITY AND GENDER EXPRESSION (2004-05-10/O-1)

 

BE IT ORDAINED  by the Council of the Town of Chapel Hill as follows:

 

Section 1.  Section 14-28 of the Code of Ordinances of the Town of Chapel Hill is hereby revised to read as follows:

“Sec. 14-28. Statement of policy.

The policy of the town is to foster, maintain, and promote equal employment opportunity. The town shall select employees on the basis of applicant's qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, race, color, religion, nonjob-related disability, national origin, affectional preference sexual orientation, gender identity, gender expression, or marital status.

 

Section 2.  Section 14-29 of the Code of Ordinances of the Town of Chapel Hill is hereby revised to read as follows.

 

“Sec. 14-29. Implementation of policy.

 

All personnel responsible for recruiting and employment will continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable job-related job requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, race, color, religion, non-job-related disability, national origin, affectional preference sexual orientation, gender identity, gender expression, or marital status.”

 

Section 3.  This Ordinance shall become effective upon enactment.

 

This the 10^th day of May, 2004.

 

 

A RESOLUTION AMENDING THE TOWN’S COMPREHENSIVE PLAN TO INCLUDE SEXUAL ORIENTATION, GENDER IDENTITY AND GENDER EXPRESSION IN THE TOWN’S NON-DISCRIMINATION POLICY (2004-05-10/R-8)

 

WHEREAS, the Council of the Town of Chapel Hill wishes to reaffirm the policy of this community against discrimination and to recognize sexual orientation, gender expression and gender identity as factors which should not be used as bases for discrimination in the provision of any programs, functions, services or operations of the Town of Chapel Hill municipal government;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town’s Non-Discrimination Policy in the Town’s Comprehensive Plan is hereby revised to read as follows:

 

“The Town shall administer all functions without discrimination because of race, creed, sex, national origin, age, economic status, or affectional preference sexual orientation, gender identity or gender expression.”

 

This the 10^th day of May, 2004.