A City Council committee has voted unanimously to amend the city’s nondiscriminatory policy in contracting to include gender identity and gender expression.
“We cannot and should not award contracts to any business that discriminates against anyone, including transgender people,” said committee chairman Todd Gloria.
The 4-0 vote by the Budget & Government Efficiency Committee March 18 forwards the matter to the full City Council for adoption as part of the original nondiscrimination policy involving contracting enacted in 2000.
The people affected by the ordinance would be employees who work for firms or subcontractors which do business with the City.
Seventh District Councilmember Scott Sherman made the motion to forward the amendment to the Council and Fourth District Councilmember Myrtle Cole seconded it. Also voting in favor were Gloria and Fifth District Councilmember Mark Kersey.
“It’s an important step in the right direction,” said Gloria.
The types of unlawful discrimination in the 2000 ordinance include race, sexual orientation, religion, age, disability and national origin. This amendment is considered an update and a City report says there are no additional costs for the City to amend the ordinance.
According to the state’s definitions, gender identity refers to an individual’s sense of self regarding characteristics labeled as masculine, feminine, both, neither or in-between. Gender expression means a person’s gender-related appearance and behavior.
The state of California government code includes gender identity and gender expression as protected classes for purposes of employment.
Anyone who believes a particular firm has engaged in discrimination can file an administrative complaint with the City with specifics. The City will notify any business within 10 days if such a complaint has been filed against them and the City would later hold a hearing to determine if the complaint is valid.
There are sanctions for filing a false or frivolous complaint and businesses can appeal a decision by a hearing officer.
A director from The LGBT Center spoke in favor of updating the nondiscrimination contracting ordinance. No one spoke against it. The City’s Human Relations Commission and the Police Department Citizens’ Review Board both recommended the update.
The committee also heard a status report on the city’s Equal Benefits Ordinance (EBO) that the Council passed in October 2010. The EBO applies to contracts that require the City to work only with firms that do not discriminate in the provision of benefits between employees with spouses and those with domestic partners.
No EBO complaints have been received by the City. The report notes that same-sex marriages have been legal in California since June 28, 2013. It exempts firms that offer no benefits to employees’ spouses, businesses without employees or those which offer a cash equivalent.
The purpose of the EBO was to promote a policy of “equal pay for equal work” in reference to domestic partners benefits. The EBO is administered by the Living Wage Program staff in the purchasing and contracting department.
“I’m glad it’s on the books,” said Gloria.
