Bill Tracker: HB 307 - Prohibiting Sexual Orientation Discrimination

Tue, 02/27/2007 - 11:42am

Is Texas ready for a move to the left on social policy? We may find the answer this session with HB 307. This bill seeks to make discrimination against a person's sexual identity a prohibited practice. The bill also alters the sovereign immunity protection of public servants if they discriminate against employees based on sexual identity.

President Bill Clinton signed Executive Order 13087 on May 28, 1998 protecting civilian employment in the executive branch from this type of discrimination. The introduction to the Executive Order gives some insight to why it was signed:

It is the policy of the Federal Government to provide an equal opportunity to all of its employees. Federal employees should be able to perform their jobs in workplaces free from discrimination-whether that discrimination is based on color, religion, sex, national origin, handicap, age or sexual orientation. The President's Executive Order states, as a matter of Federal policy, that a person's sexual orientation should not be the basis for the denial of a job or a promotion. As the Nation's largest employer, the Federal Government sets an example for other employers that employment discrimination based upon sexual orientation is not acceptable.

The Federal Government is not alone. 18 states outlaw sexual identity discrimination in public employment. Illinois expanded its Human Rights Act to include a prohibition against discrimination based on sexual orientation in 2005.

We asked Rep. Farrar (D - Houston) about this bill. She replied, "I was surprised to learn that you can be fired for your sexual orientation. I thought it was unfair and wanted to make sure that we keep talented people here and that they don't leave the state."

Economically reasonable

By Grace Stevens

Tue, 02/27/2007 - 4:24pm

It is amazing to me how people continue to overlook the economic benefits of keeping gifted employees in the area. The same can be said for stem cell research, doctors are leaving Texas because we are not progressing in the medical field. Texas will begin losing out on the future if we do not start responding to the needs of the time.

RE: Texas Constitution requires this non-discrimination!

By JasonCNSmith

Sat, 03/03/2007 - 12:40pm

In 1992, the Austin Court of Appeals held in City of Dallas v. Mica England that a state or local government employer may not discriminate against an employee on the basis of sexual orientation under the Texas Constitution. After the ruling, several cities, including Dallas and Fort Worth, enacted ordinances prohibiting discrimination against employees based upon sexual orientation. This ruling has never been overturned.

We need a law that will ban sexual orientation statewise. One, our constitution prohibits such discrimination. Two, such a law would allow folks to keep contributing to an employer. Three, it would attract folks to work in Texas who might otherwise not go where they are not protected. We need all good workers in Texas and this form of discrimination still exists and keeps talented folks from contributing. I hope one day that we are able to pass a law that protects all workers who are employed at least a year from being fired unless there is "good cause." Then, most employees would be protected from arbitrary employee action, regardless of whether they were gay, purple, old or Morman or something else that doesn't impact a person's job..

Jason C.N. Smith
Fort Worth, Texas

"I am not a member of any organized party â€” I am a Democrat"
--Will Rogers