[Provided by the Transgender Commuinity Forum on America Online (AOL Keyword: TCF)] West Hollywood City TG Ordinance April 20, 1998 In an historic measure, tonight the West Hollywood City Council unanimously approved an agenda item, introduced by Mayor Pro Tempore John Heilman, to direct the City Attorney to draft an ordinance which would amend the City's anti-discrimination ordinance to include prohibition of discrimination against transgendered people. The City of West Hollywood, continuing its tradition of setting a standard of justice for the region, will soon be the first jurisdiction in Southern California to adopt anti-discrimination protections for transgendered people, joining the State of Minnesota and the cities of Seattle, San Francisco, Santa Cruz, Iowa City, Evanston IL, and Cambridge MA. Ten people, including John Davidson of Lamba Legal Defense and about an equal number of female-to-males and male-to-females, spoke in support of Heilman's agenda item. Mayor Steve Martin recalled the memory of long-time AIDS activist Connie Norman in thanking the out and proud transgendered speakers for their courage -- and for their patience in waiting through nearly four hours of other agenda items before taking their turns at the microphone. Mayor Martin also recommended that the City undertake sensitivity training's for its staff. July 20, 1998 The ordinance prohibiting discrimination on the basis of Gender Identity passed unanimously July 20, 1998. Mayor Martin's recommendation of sensitivity training is being provided by the Center for Gender Sanity. The sensitivity training is for the employees of West Hollywood and does not include police and fire because they are contracted out. The Center for Gender Sanity consults with employers who have transgender workers and provides transgender sensitivity and diversity training in the work place. Michele Kammerer and Janis Walworth are partners in this business and partners in life. Michele transitioned in 1991 in the Los Angeles City Fire Department. Janis has worked with the Transgendered community for several years as an activist, advocate, counselor, and writer. Janis has written the book "Transsexual Workers: An Employer's Guide." For further information, please contact: Transgender Menace Southern California: Shirley Bushnell (323) 962-9162 shirley@earthlink.net Jacob Hale (323) 665-1130 ZeroboyJH@aol.com Center for Gender Sanity Janis Walworth merkins@cris.com Michele Kammerer Firewomon@aol.com The Ordinance added gender identity as a protected category for provisions prohibiting discrimination. Gender Identity is defined as: "Gender Identity refers to a person's actual or perceived sex, and includes a person's identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from the traditionally associated with the person's sex at birth." The City of West Hollywood recognizes that the practice of discrimination against persons on account of sexual orientation and/or gender identity deprives the City of the full utilization of its capacity for development and advancement, and substantially and adversely affects the interest of the City and the public in general. It is now unlawful for any person to discriminate against a person on the account of a person's gender identity in housing, public accommodations, use of city services and facilities, and in contracting or subcontracting with the City. From: Firewomon@aol.com Date: Mon, 17 Aug 1998 00:53:03 EDT To: mah@tgender.net Subject: Re: Re: West Hollywood TG protection In a message dated 16.08.1998 8:19:56 Uhr, you wrote: >I think you're meaning to say that 125 City employees are protected, and that >employees of companies that contract with the City are protected, but that >employees of private companies who work in the city are not. > >Did I guess right? That's my understanding (apologies for the typo). I think there may be some legal difficulty in requiring all companies doing business in WeHo to be nondiscriminatory. Many such businesses also operate elsewhere or are based in other cities or other states, and it could create a lot of confusion if they were bound by the statutes of several places, which could be in conflict with one another. Check with a lawyer, but my guess is that the City enacted provisions that are as broad as they could legally be. Janis Date: Mon, 17 Aug 1998 13:03:03 -0700 (PDT) To: mah@tgender.net From: Shirley Bushnell Subject: Re: West Hollywood TG protection >such laws. (Is there a corresponding activist organization in Southern >Calif we should be trying to cooperate with?) The Transgender Menace Southern California Shirley Bushnell 323-962-9162 Jacob Hale 323-665-1130 >to protect transsexuals, crossdressers, and just about everybody except >intersexuals. Was that the intent? In particular, how do crossdressers Could you explain how you think intersexuals are not protected??? >fit into this? Did the city council understand they were protecting >crossdressers, or was this a "stealth" move? There was no stealth involved. Just trying to give a broad definition. >Who is protected? Just employees of the city, or everyone who lives or >works in the city, or San Francisco style protecting everyone who works >for a company who does business with the city? see highlights of ordinance at bottom of message. >Was the restroom issue addressed or debated? >Was the issue of crossdressing in the workplace addressed? This one has >been a heated topic for us lately, and I'd love to benefit from your >experience. Basically these issues are and will be covered. Mostly by sensitivity training.... and hopefully by some Transgender Menace visibility. >How did you get this passed? Any hints for other places? A friendly coucil person brought it before the city council. Get to know the structure of the city government. Find if there are any committees, advisory boards, etc to talk to. Talk to council persons. >For what it's worth, I work for Lucent Technologies, and we've recently I know the feeling of being out and the "only one". I used to work for UCLA and came out. UCLA had a LGB office. I was the one that implemented it being LGBT office. I also got it established for the rest of the UC system statewide. Keep in Touch Shirley Bushnell 323-962-9175 323-463-1601 ______________________________________________ Highlights of the Ordinance........ Ordinance No. 98-520 An ordinance in the City of West Hollywood amending provisions prohibitin= g discrimination on the basis of sexual orientation and adding gender identity as protected category and amending the West Hollywood Municipal Code.... Section 1. Part A of Chapter II of Article IV of the West Hollywood Municipal Code is amended in its entirety to read as follows: Part A. Sexual Orientation and Gender Identity 4200. Public Policy. It is hereby declared as the public policy of the City of West Hollywood that it is necessary to protect and safeguard the right and opportunity of all persons to be free from discrimination on account of sexual orientation and/or gender identity. At the present time, Federal and State laws protect against discriminatio= n the grounds of race, religion, color, ancestry, national origin, handicap= , age, sex, and sexual orientation in the employment context. With excepti= on of protection in the employment context provided by State law, these laws do not protect against discrimination on the grounds of sexual orientatio= n or gender identity in the provision of other services, and as a result, there is no adequate remedy under existing law against such discriminatio= n. The city recognizes that the practice of discrimination against persons o= n account of sexual orientation and/or gender identity deprives the City of the full utilization of its capacity for development and advancement, and substantially and adversely affects the interest of the City and the publ= ic in general. 4201. Definitions. As used in this Chapter: Person shall mean and include one (1) or more individuals, partnerships, associations, corporations, labor organizations, legal representative, trustee, trustees in bankruptcy, and receivers or other fiduciaries. Gender Identity refers to a person's actual or perceived sex, and include= s a person=92s identity, appearance, or behavior, whether or not that ident= ity, appearance, or behavior is different from the traditionally associated wi= th the person=92s sex at birth. Sexual Orientation refers to a person=92s actual or perceived identity as being lesbian, gay, bisexual or heterosexual or as having one or more attributes commonly associated with being lesbian, gay, bisexual or heterosexual. 4202. Housing: Prohibited Activity. a. It shall be unlawful for any person to do any of the following acts wholly or partially if the effect would be to discriminate against a pers= on on account of a person=92s sexual orientation and/or gender identify: 1. To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including but not limited to the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transact= ion; 2. To include in the terms or conditions of a transaction in real proper= ty any clause, condition, or restriction; 3. To refuse to lend money, guarantee the loan of money, accept a deed o= r trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair o= r maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property; or to impose different terms in, or conditions for insurance; 4. To refuse, restrict, or segregate facilities, services, repairs or improvements for any tenant or lessee; 5. To make, print, publish, advertise or disseminate in any way, or caus= e to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing relat= ed to any such transaction, which unlawfully indicates and unlawful discriminatory intent or practice....... 4203. Public Accommodations; Prohibited Activity. It shall be unlawful for any person to do any of the following acts wholl= y or partially if the effect would be to discriminate against a person on account of a person=92s sexual orientation and/or gender identity: a. To deny, directly or indirectly, any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any business or place of public accommodations; b. To make, print, publish, advertise or disseminate in any way, or caus= e to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to any business or public accommodation which indicates that the full enjoyment of any business or public accommodation will be refused to an individual on account of the person=92s sexual orientation and/or gender identity. 4204. Contractors and Subcontractors for City Public Works, Good and Services. Any employer, employment agency or labor organization who is, or wishes t= o become, a contractor with the City for public works or for goods or services is subject to the provisions of this Chapter relating to discrimination in employment and to the nondiscrimination requirements of this Chapter......... 4205. City Services and Facilities; Prohibited Activity. It is unlawful for any person to do any of the following acts if the effe= ct would be to discriminate against a person as a result in whole or in part on account of that person=92s sexual orientation and/or gender identity: a. To deny any person the full and equal enjoyment of, or to place different terms or conditions on the availability of the use of any City facility; b. To deny any person the full and equal enjoyment of, or to impose different terms or conditions on the availability of any City service; c. To deny any person the full and equal enjoyment of, or to impose different terms or conditions upon the availability of, any service, program or facility wholly or partially funded or otherwise supported by the City; d. To make, print, publish, advertise or disseminate in any way, or caus= e to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to any City service, facility or City assisted facility or service as described in subsection = c. which indicates that the full enjoyment of any business or public accommodation will be refused to an individual on account of the person=92= s sexual orientation and/or gender identity. 4206. Limitation on Actions. Actions under this Chapter must be filed within one (1) year of the alleg= ed discriminatory acts....... Passed, Approved and Adopted this 20th day of July, 1998.