LEGISLATIVE HISTORY
ORDINANCE NO. BL2011-838
An Ordinance amending Chapter 4.28 of the Metropolitan Code to prohibit Metropolitan Government contractors from discriminating on the basis of sexual orientation or gender identity through their employment practices.
WHEREAS, on September 9, 2009, the Council of the Metropolitan Government of Nashville and Davidson County enacted Ordinance No. BL2009-502 to make it unlawful for the Metropolitan Government to fail or refuse to hire or promote, or to discharge any individual, because of such individual’s race, religion, creed, gender, gender identity, sexual orientation, national origin, color, age, and/or disability; and
WHEREAS, based on recent events concerning the employment practices of a particular Metropolitan Government contractor, it is the desire of the Metropolitan Council that the Metropolitan Procurement Code be revised to prohibit discrimination based upon sexual orientation and gender identity.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 4.28 of the Metropolitan Code is hereby amended by deleting the provisions of Sections 4.28.010 and 4.28.020 in their entirety, and substituting with the following new provisions:
4.28.010 Equal opportunity requirements.
A. It is declared to be the policy of the metropolitan government that any person contracting for building and construction projects or furnishing supplies or services to the metropolitan government, and to which any funds of the metropolitan government are expended, shall establish equal employment opportunities for all individuals so that no individual shall be excluded from employment by such person because of race, creed, color, national origin, age, sex, gender identity, or sexual orientation, and to ensure compliance with all applicable laws concerning the employment of individuals with disabilities.
B. Any person so contracting for building and construction projects, or furnishing supplies or services to the metropolitan government, wherein any funds of the metropolitan government may be appropriated or expended to such person, shall not subscribe to any personnel policy which permits or allows the promotion, demotion, employment, dismissal or laying off of any individual due to his race, creed, color, national origin, age sex, gender identity, or sexual orientation, or which is in violation of applicable laws concerning the employment of individuals with disabilities.
C. It is further declared to be the policy of the metropolitan government that any person entering into any agreement for the use of any metropolitan government property or facility with a lease term of greater than six months shall establish equal employment opportunities for all individuals so that no individual shall be excluded from employment, discharged, demoted, or refused a promotion by such person because of race, creed, color, national origin, age, sex, gender identity, or sexual orientation, and to ensure compliance with all applicable laws concerning the employment of individuals with disabilities.
D. The foregoing provisions of this section prohibiting employment discrimination on the basis of sexual orientation or gender identity are not intended to interfere with the free exercise of religion or the freedom of expressive association guaranteed by the U.S. Constitution. Religious entities, organizations, or institutions shall be expressly exempt from the provisions of this section prohibiting discrimination on the basis of sexual orientation or gender identity if such actions are in furtherance of the organization’s religious mission or beliefs. Further, the provisions of this section prohibiting discrimination on the basis of sexual orientation or gender identity shall not apply to a group or organization if the application of such provision would significantly burden the expression of the group or organization.
4.28.020 Affidavit of compliance—Contract requirements.
A. The purchasing agent of the metropolitan government shall include in all bid specifications or invitations to bid a provision to the effect that no contract shall be entered into for building and construction projects or supplies or services unless the successful bidder submits an affidavit to the metropolitan government stating that by his employment policy, standards and practices he does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to this race, creed, color, national origin, age, sex, gender identity, or sexual orientation, and that he is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.
B. The purchasing agent, or other agency of the metropolitan government under whose jurisdiction such work is to be performed, shall include in the specifications to bidders or in the invitations to bid, a clause prohibiting the successful bidder from discriminating against any individual due to his/her race, creed, color, national origin, age, sex, gender identity, or sexual orientation, and from violating applicable laws concerning the employment of individuals with disabilities.
Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Mike Jameson, Erica Gilmore, Jamie Hollin, Ronnie Steine, Megan Barry
Amendment No. 1
To
Ordinance No. BL2011-838
Madam President:
I move to amend Ordinance No. BL2011-838 by amending Section 1 as follows:
I. By deleting subsection D. of Section 4.28.010 and substituting with the following new subsection D.:
“D. The foregoing provisions of this section prohibiting employment discrimination on the basis of sexual orientation or gender identity shall not apply to the following:
1. Any person employing fewer than fifteen (15) individuals;
2. Religious entities, organizations, or institutions where employment discrimination on the basis of sexual orientation or gender identity is in furtherance of the organization’s religious mission or beliefs, as such prohibition is not intended to interfere with the free exercise of religion or the freedom of expressive association guaranteed by the U.S. Constitution; or
3. Any group or organization where the application of such provisions would significantly burden the expression of the group or organization, as such prohibition is not intended to interfere with the freedom of expressive association guaranteed by the U.S. Constitution.”
II. By adding the following new subsection C. to Section 4.28.020:
“C. The foregoing requirements of this section pertaining to employment discrimination on the basis of sexual orientation or gender identity shall not apply to the following:
1. Any person employing fewer than fifteen (15) individuals;
2. Religious entities, organizations, or institutions where employment discrimination on the basis of sexual orientation or gender identity is in furtherance of the organization’s religious mission or beliefs, as such prohibition is not intended to interfere with the free exercise of religion guaranteed by the U.S. Constitution; or
3. Any group or organization where the application of such provisions would significantly burden the expression of the group or organization, as such prohibition is not intended to interfere with the freedom of expressive association guaranteed by the U.S. Constitution.
Sponsored by: Jamie Hollin
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | January 18, 2011 |
| Passed First Reading: | January 18, 2011 - Roll Call Vote |
| Referred to: | Personnel Committee |
| Deferred: | February 1, 2011 |
| Amended: | February 15, 2011 |
| Passed Second Reading: | February 15, 2011 - Roll Call Vote |
| Deferred: | March 15, 2011 - Roll Call Vote |
| Passed Third Reading: | April 5, 2011 - Roll Call Vote |
| Approved: | April 8, 2011 |
| By: | |