ORDINANCE NO. BL2009-526

An ordinance amending Chapter 11.20 of the Metropolitan Code to prohibit the Metropolitan Government from discriminating on the basis of non-merit factors in its employment practices.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 11.20 of the Metropolitan Code, Fair Employment and Housing, is hereby amended by adding the following new Section 11.20.075:

11.20.075 Metropolitan government prohibited from discriminating on the basis of non-merit factors.
It is unlawful for the metropolitan government to discriminate against any person in recruitment, examination, hiring, appointment, training, promotion, retention, or employee discipline because of non-merit factors. For purposes of this section, “non-merit factors” are those factors that relate exclusively to a personal or social characteristic or trait and are not substantially related to successful performance of the duties of the position.

Section 2. That this Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sam Coleman, Phil Claiborne, Duane Dominy, Jim Gotto

Amendment No. 1
To
Ordinance No. BL2009-526

Madam President:

I move to amend Ordinance No. BL2009-526 by deleting Section 1 and substituting with
the following new Section 1:

Section 1. That Chapter 11.20 of the Metropolitan Code, Fair Employment and Housing, is hereby amended by deleting Section 11.20.130 and substituting with the following new Section 11.20.130:

11.20.130 Metropolitan government prohibited from discriminating on the basis of non-merit factors.
A. It is unlawful for the metropolitan government to discriminate against any person in recruitment, examination, hiring, appointment, training, promotion, retention, discharge, or employee discipline because of the person’s race, age, color, religion, creed, sex, national origin, disabling condition, marital status, political affiliation, sexual orientation, group membership, or other non-merit factor not substantially related to successful performance of the duties of the position.
B. Nothing in this section shall be interpreted to give an employee a right to partner medical insurance or pension benefits.

Sponsored by: Phil Claiborne

Amendment No. 2
To
Ordinance No. BL2009-526

Madam President:

I move to amend Ordinance No. BL2009-526, as amended, by amending Section 1 by adding the words “gender identity” before the phrase “or other non-merit factor”.

Sponsored by: Erik Cole, Charlie Tygard