HomeMy WebLinkAboutResolution 4243 Policy Not to Discriminate in Employment and Benefits on the Basis of Sexual Orientation and/or Gender Identity s
v
L
<ryyM oo. r°�
COMMISSION RESOLUTION NO. 4243
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA DECLARING IT TO BE THE POLICY OF THE CITY OF BOZEMAN THAT
THE CITY WILL NOT DISCRIMINATE IN EMPLOYMENT AND BENEFITS ON THE
BASIS OF SEXUAL ORIENTATION AND /OR GENDER IDENTITY.
WHEREAS, in November, 2009, the City of Bozeman passed and adopted Commission
Resolution Number 4217 declaring "All are welcome here and committing to 1) support the diversity
of the community, 2) promote inclusiveness in our public endeavors and private actions; and 3) work to
end silence and stop the spread of hate, and in so doing build just and caring communities,
congregations, workplaces, schools and homes; and
WHEREAS, the City's current employment practices do not discriminate on the basis of actual or
perceived sexual orientation or gender identity but the City has yet to formally adopt a policy stating
such;
WHEREAS, currently, individuals who have experienced discrimination based on actual or
perceived sexual orientation or gender identity have no access to remedies or procedures under federal
or state employment laws;
WHEREAS, Congress is considering the Employment Non Discrimination Act (EDNA) of 2009,
whose purposes include:
(1) To address the history and widespread pattern of irrational discrimination on the basis
of actual or perceived sexual orientation or gender identity by private sector employers and
local, state and federal government employers; and to
1 of 4
Resolution No. 4243
(2) Provide meaningful and effective remedies for employment discrimination on the basis
of actual or perceived sexual orientation or gender identity.
WHEREAS, EDNA would make it an unlawful employment practice for an employer to:
(1) refuse to hire or to discharge any individual, or otherwise discriminate against any
individual with respect to the compensation, terms, conditions, or privileges of employment
of the individual, because of such individual's actual or perceived sexual orientation or
gender identity; or to
(2) limit, segregate, or classify employees or applicants for employment of the employer in
any way that would deprive or tend to deprive any individual of employment or otherwise
adversely affect the status of the individual as an employee, because of such individual's
actual or perceived sexual orientation or gender identity.
WHEREAS, on January 11, 2010, the Bozeman City Commission directed staff to develop
policies and implementation strategies to prohibit discrimination in City employment, benefits and
programs and services on the basis of actual or perceived sexual orientation or gender identity;
NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana:
Section 1
Definitions For purposes of this Resolution:
The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality.
The term `gender identity' means the gender related identity, appearance, or mannerisms
or other gender related characteristics of an individual, with or without regard to the
individual's designated sex at birth.
Section 2
Actions to be taken:
o The City will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, political ideas, or perceived or actual disability, sexual
2 of 4
Resolution No. 4243
orientation or gender identity in the development or implementation of any City program,
service, or function;
The City's Anti Discrimination Policy Statement will be expanded to prohibit
discrimination based on actual or perceived sexual orientation or gender identity
(Attachment A -1);
The Employment Anti Discrimination Policy Statement found in Section II of the City of
Bozeman Employee Handbook and the General Policy statement found in Section IV,
Recruitment and Selection Procedures of the City of Bozeman Employee Handbook will
be amended to prohibit discrimination based on actual or perceived sexual orientation or
gender identity. (Attachment A -2);
The Employee Benefits policy found in Section VII of the City of Bozeman's Employee
Handbook will be revised to formally include same sex and opposite sex domestic
partners as 'eligible dependents' and therefore entitled to coverage under the City's health
insurance program. (Attachment A -3). The City will also create the Affidavit of
Domestic Partnership, which is required by the City's insurance carrier for the City to
offer domestic partner benefits;
The City will develop a complaint procedure similar to City's Sexual Harassment
complaint procedure providing for the reporting and resolution of allegations of
discrimination based on actual or perceived sexual orientation or gender identity;
The City's anti harassment training program will be expanded to include the prohibition
of discrimination on the basis of actual or perceived sexual orientation or gender identity;
The City will ask their insurance administrator to conduct an audit with the purpose of
ensuring that all covered participants are eligible for coverage under the City's health
insurance policy and if this is not possible the City will conduct a self -audit to ensure all
participants are eligible under the program;
City staff will research the feasibility, costs and tax consequences of providing COBRA
type benefits to domestic partners and will report back to the Commission before the
open enrollment period of May /June 2010.
3 of 4
Resolution No. 4243
Passed and adopted this 8 day of February, 2010.
K-/
J R YIEL KRAUSS
or
T B O Z
CY 04 ;�tMC
e e
APPROVED AS TO FORM:
E ULLIVAN
City Attorney
Attachments:
A -1: City of Bozeman Employment Anti Discrimination Policy
A -2: City of Bozeman Employee Handbook Anti Discrimination Provisions
A -3: City of Bozeman Employee Handbook, Section VIII, Employee Benefits
4 of 4