1 HUMAN RIGHTS COMMISSION REGULAR MEETING MINUTES MONDAY, September 23, 2019 The Human Rights Commission convened in a regular meeting on Monday, September 23, 2019 at 301 West Second Street in Austin, Texas. Chair Sareta Davis called the Board Meeting to order at 5:35 p.m. Board Members in Attendance: Chair Davis, Vice Chair Caballero, Commissioner Breckenridge, Commissioner Garry Brown, Commissioner Casas, Commissioner Griffith, Commissioner Museitif, Commissioner Santana, Commissioner Weigel, and Commissioner White. Staff in Attendance: Monika Arvelo, Assistant Director, Human Resources Department (HRD); Jonathan Babiak, Human Resources Coordinator, HRD 1. CITIZEN COMMUNICATION: GENERAL None. 2. APPROVAL OF MINUTES The minutes from the regular meeting of August 26, 2019 were approved on a vote of 6-0: Commissioner Museitif motion, Commissioner Garry Brown second. Voting in favor were Chair Davis, Vice Chair Caballero, Commissioner Garry Brown, Commissioner Casas, Commissioner Griffith, Commissioner Santana, Commissioner Weigel, and Commissioner White. Commissioner Breckenridge and Commissioner Jamarr Brown were absent. 3. ANNOUNCEMENTS Chair Davis reviewed bylaws that address proper decorum. 4. NEW BUSINESS a. Presentation by the City Attorney regarding the Human Rights Commission’s public hearing and appeal processes (Caballero/Weigel). Ann Skowronski, Assistant City Attorney Ann Skowronski, Assistant City Attorney, presented to the Commission and answered questions from the Commission. The Commission discussed this item. The Commission took no action on this item. b. Presentation by the City Attorney on City Code Chapter 5-2, Discrimination in Public Accommodations (Caballero/Weigel). Patricia Link, Assistant City Attorney Patricia Link, Assistant City Attorney presented to the Commission and answered questions from the Commission. The Commission discussed this item. The Commission took no action on this item. 2 c. Consideration, discussion, and possible appropriate action on a letter from the City of Austin Human Rights Commission to the Austin Independent School District Board of Trustees in support of their work on creating a new human sexuality curriculum (Garry Brown/Casas). The Commission discussed this item. The Commission took no action on this item. d. Discussion on the decriminalization of homelessness (Caballero/Weigel). The Commission discussed this item. The Commission took no action on this item. e. Discussion on the prevention of homelessness (Caballero/Weigel). The Commission discussed this item. The Commission took no action on this item. f. Discussion regarding the Reproductive Health Non-Discrimination Act: the prevention and prohibition of discrimination in employment based on reproductive rights, including but not limited to the right to an abortion, the right to utilize in-vitro fertilization, and the …
AUSTIN HUMAN RIGHTS COMMISSIONPublic Accommodations Appeal Hearings Code of City Ordinances Title 5, Civil RightsThe Commission investigates charges of discrimination which occur within the City, including:•Fair Housing•Public Accommodations•Employment•Discrimination against People with AIDS•Disability Discrimination Comparison of Legal AuthorityHousing•Texas Local Gov’t Code, Chapter 214 (Fair Housing Ordinances)•Texas Property Code, Chapter 301 (Fair Housing Act)•City Ordinances, Part 5, Civil Rights, Section 5-1Employment•Texas Labor Code, Chapter 21 (Local Commissions)•City Ordinances, Part 5, Civil Rights, Chapter 5-3Public Accommodations•City Ordinances, Part 5, Chapter 5-2•No other state law authority Charge Investigation •File charge within 180 days of alleged occurrence•Notice to Responding Party•Staff determines if charging party made an allegation covered under Chapter 5-2.•Reasonable Cause Determination Staffs Reasonable Cause DeterminationReasonable Cause Found •Staff makes efforts to resolve the matter through informal methods, including conference, conciliation, and persuasion.No Reasonable Cause•Dismissal of the charge and notification to the charging party and the respondent.•Charging party may file a “request for review”of the dismissal within 10 days of receiving notice. This request triggers the hearing before the Commission. Open Meetings Act, City Ordinancesand ResolutionsHearing Process and Procedures Open Meetings Act: Rights of the Public•A meeting that is “open to the public” under the Act is one that the public is permitted to attend.•The Act does not entitle the public to choose the items to be discussed or to speak about items on the agenda. A governmental body may, however, give members of the public an opportunity to speak at a public meeting. If it does so, it may set reasonable limits on the number, frequency, and the time allotted to each speaker. Austin City Ordinance: 5-2 Civil Rights•City Ordinance requires the Commission to hear from the charging party. •The Commission, “shall conduct a hearing and provide the charging party an opportunity to appear to present evidence.”•Open Meetings Act permits limits on the time and scope of the statements made at an open meeting. Resolution 20170518-015•Procedures for Austin City Council Meetings, Public Hearings, and Appeals.•Members of the public are required to register before being permitted to speak, EXCEPT:•City Ordinance 5-2 requires the Commission to permit the charging party to speak.•Resolution 20170518-015, Division 2. Appeals also requires the Commission to permit the charging partyto speak. •Other speakers must register to speak for or against the charging party’s appeal. Order of Proceedings1.Report from City Staff2.Presentation from charging party, limited to 5 minutes. In the 5 minutes, the charging party may call witnesses for examination. 3.Comments …
DISCRIMINATIONS IN PUBLIC ACCOMMODATIONSAUSTIN CITY CODE CHAPTER 5-2CITY OF AUSTIN HUMAN RIGHTS COMMISSIONSEPTEMBER 23, 2019 POLICYIt is the policy of the City to bring about through fair, orderly and lawful procedures, the opportunity of each person to obtain goods and services in a public accommodation without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.DISCRIMINATION IN PUBLIC ACCOMMODATIONS -AUSTIN CITY CODE CHAPTER 5-2 -AUSTIN HUMAN RIGHTS COMMISSION -9/23/20192 POLICYThis policy recognizes that individuals possess the right to obtain goods and services in a public accommodation without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. This policy also recognizes that denying such rights because of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability: is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of these inalienable rights within the power and the proper responsibility of government to prevent. DISCRIMINATION IN PUBLIC ACCOMMODATIONS -AUSTIN CITY CODE CHAPTER 5-2 -AUSTIN HUMAN RIGHTS COMMISSION -9/23/20193 DISCRIMINATION The direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or any other differentiation in the treatment of a person because of the individual’s race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in a public accommodation. DISCRIMINATION IN PUBLIC ACCOMMODATIONS -AUSTIN CITY CODE CHAPTER 5-2 -AUSTIN HUMAN RIGHTS COMMISSION -9/23/20194 PUBLIC ACCOMMODATIONan inn, hotel, motel or other lodging establishment for transient guests, excluding an establishment: located in a building with five or less rooms for rent or hire and occupied by the owner or operation as a primary residence;a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including a facility located on the premises of a retail establishment or a gasoline station;a movie theatre, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment;DISCRIMINATION IN PUBLIC ACCOMMODATIONS -AUSTIN CITY CODE CHAPTER 5-2 -AUSTIN HUMAN RIGHTS COMMISSION -9/23/20195 PUBLIC ACCOMMODATIONa bar, tavern, pub, drinking establishment, or facility where alcoholic beverages are served for consumption on the premises;a retail establishment that sells goods or services; andan establishment within an establishment and an establishment which holds itself out as serving patrons of a covered establishment. DISCRIMINATION IN PUBLIC ACCOMMODATIONS -AUSTIN CITY CODE CHAPTER 5-2 -AUSTIN HUMAN RIGHTS COMMISSION -9/23/20196 REQUIRESA person, including …
September 23, 2019 To the Trustees of the Austin independent School District: We, the Undersigned, are members of the City of Austin Human Rights Commission. Some of the Commission’s duties include the following: 1. Advise and consult the Austin City Council on all matters involving racial, religious or ethnic discrimination and devise practices to promote equal opportunity. 2. Advisory body on non-discrimination policies, investigate complaints of prejudice and discrimination and conduct educational programs. 3. Secure for all individuals in the City freedom from discrimination because of race, color, disability, religion, sex, national origin, sexual orientation, gender identity, or age. In light of #3 above, and after hearing some of the discussions by a few members of the public in response to the new AISD Human Sexuality curriculum, we write to add our voice in support of your work. Not only are we pleased to see that these studies cover the usual discussions of anatomy, physiology, puberty, reproduction, and HIV and STDs, but it also includes conversations about healthy relationships, the need for personal safety, and gender identity and expression and sexual orientation. In a state where anyone can be fired for any reason, including for just loving someone of their choice, these conversations are vital. In response to some of the hateful things said at the AISD Board of Trustees meeting on August 26, 2019, the Austin HRC felt the need to especially mention our strong support in making sure that transgender lives are a part of this curriculum. At last count, 18 transgender individuals have been killed so far this year in this country; 24 were killed in the United States last year. In fact, the American Medical Association has said that the violence facing the transgender community is an “epidemic” and is especially amplified for transgender people of color. Let’s be very clear here. Every person, be they straight, gay, lesbian, bisexual, pansexual, intersex, non-binary, transgender, or whatever anyone wants to identify as, regardless of color, is a human being. The Austin HRC applauds what you are trying to do here. Thank you so much for your very important work. Sincerely, Sareta Davis, Chair Kristian Caballero, Vice Chair Jared Breckenridge, Commissioner Garry Brown, Commissioner Jamarr Brown, Commissioner Isabel Casas, Commissioner Idona Griffith, Commissioner Maram Museitif, Commissioner Courtney Santana, Commissioner Alicia Weigel, Commissioner Nathan White, Commissioner
Background The Austin City Council has a long history of boldly supporting reproductive rights. With their passage of “Rosie’s Resolution” (2018) and the “Abortion is Healthcare” resolution (2017), the Mayor and Council Members affirmed abortion as a critical form of reproductive health care and uplifted the importance of comprehensive coverage of abortion care—denouncing racist and classist coverage bans. Most recently, Council unanimously passed a resolution to study the impact of a possible boycott of the state of Alabama in response to the state’s passage of an abortion ban. Furthermore, Austin has been at the forefront of protecting against employment discrimination. In this moment of crisis, the time is now for the Austin City Council to take the next steps in strong support of reproductive health and abortion care in our city. Austin-based grassroots organizations Lilith Fund and NARAL Pro-Choice Texas, with support from the National Institute for Reproductive Health (NIRH) and the Equity Agenda, are suggesting the Austin Human Rights Commission address the problem of employment discrimination against individuals for their reproductive health decisions by expanding the current employment NDO to include protections related to reproductive health decisions. The recommendations are also informed by NIRH’s Local Reproductive Freedom Index, a 2017 report that evaluated 40 cities based on their policies related to reproductive health, rights, and justice. Austin received a score of 3 stars, out of a possible 5 stars. Alignment with City priorities ●City of Austin Strategic Direction 2023 ○Economic opportunity and affordability ○Health and environment ○Government that works for all Austin already has a robust NDO ordinance in place; we are asking that the language be amended where appropriate to explicitly include reproductive health decisions in the list of protections. Austin deserves a non-discrimination ordinance that prohibits employment discrimination on the basis of reproductive health decisions: ●The Reproductive Health Non-Discrimination Act (RHNDA) protects individuals from being fired or facing other repercussions in the workplace because of decisions around their reproductive health. There have been a number of disturbing examples across the country of employers discriminating against employees because of their reproductive health decisions, such as having an abortion, using in vitro fertilization or birth control. ●In this current climate of attacks on abortion, this protection is needed more than ever. People need to know that accessing the abortion care they need – especially if it requires taking time off to travel long-distances to reach a provider – won’t …
11 DUPONT CIRCLE, NW, #800, WASHINGTON, DC 20036 P: (202) 588 5180 WWW.NWLC.ORG HEALTH | PAGE 1 REPRODUCTIVE RIGHTS & HEALTH STATES TAKE ACTION TO STOP DISCRIMINATION AGAINST WOMEN FOR THEIR REPRODUCTIVE HEALTH CARE DECISIONS Across the country, employers are discriminating against their employees because they disagree with their employees’ personal reproductive health care decisions. Women are being punished, threatened, or fired for having an abortion, using birth control, for undergoing in vitro fertilization in order to get pregnant, or for having sex without being married. It is unfair that a person would be fired or discriminated against because of a decision about whether to prevent pregnancy or start a family. Fortunately, states have begun to step forward to protect employees, introducing legislation to make it clear that bosses cannot take adverse action against or harass an employee because of their personal reproductive health care decision. EMPLOYERS ARE DISCRIMINATING AGAINST THEIR EMPLOYEES FOR THEIR PERSONAL REPRODUCTIVE HEALTH DECISIONS. Women remain at serious risk of workplace discrimination based on their reproductive health decisions. Employers are discriminating against women for seeking to prevent pregnancy and threatening to fire workers for using birth control. • In 2012, politicians in Arizona revised a long-standing law requiring insurance coverage of birth control to make it easier for a boss to penalize an employee for using it.1 • After Wisconsin passed a law in 2009 requiring insurance plans to cover birth control, the Madison Catholic Diocese warned employees that if they took advantage of the benefit, they could face termination.2 Employers are firing women for pursuing pregnancy through the use of assisted reproductive technology. • Christa Dias, an unmarried teacher for two schools with the Archdiocese of Cincinnati, Ohio, was fired after she became pregnant through artificial insemination.3 • Kelly Romenesko was fired from her seven-year job teaching French because she and her husband used in vitro fertilization to become pregnant.4 • Emily Herx was fired from her teaching job in Indiana for using in vitro fertilization. According to a local paper, Herx wrote a letter to school officials after being informed of her firing in which she lamented being forced to choose between keeping her job and starting a family.5 Employers are firing women for having sex outside of marriage. • Christine John, a kindergarten teacher in Michigan, was called into a meeting with school officials. They asked why she was four months pregnant when …
Human Rights Commission Community Interest Announcement Addressing Homelessness in Austin: a Forum with Elected Leaders Tuesday, September 3, 2019 7:00 p.m. Jones Auditorium Ragsdale Center St. Edwards University 3001 South Congress Avenue Austin, TX 78704 A quorum of commission members may be present. No action will be taken. For more information, please contact the commission’s staff liaison, Jonathan Babiak, at (512) 974-3276 or by email at Jonathan.Babiak@austintexas.gov.
Human Rights Commission Community Interest Announcement Texas LBJ School: A Forum on Homelessness in Austin Thursday, August 29, 2019 6:00 p.m. – 8:00 p.m. LBJ Auditorium 2313 Red River Street Austin, TX 78712 A quorum of commission members may be present. No action will be taken. For more information, please contact the commission’s staff liaison, Jonathan Babiak, at (512) 974-3276 or by email at Jonathan.Babiak@austintexas.gov.
