Gender identity discrimination may receive higher profile in Metro based on Council Members' letter to Human Relations Commission

A few weeks ago, TEP approached a Metro Nashville Council Member and asked for the following guidance:

"A 2003 Metro Law opinion http://www.nashville.gov/law/docs/opinions/2003-02.pdf established that the Metro Human Relations Commission can investigate complaints of discrimination based on sexual orientation in the private sector in matters of employment and housing, hold educational programming on the same, and gather data on the same. Does the Metro Human Relations Commission have the authority to investigate complaints of discrimination based on gender identity in the private sector in matters of employment and housing, hold educational programming on the same, and gather data on the same?"

The answers to those questions is YES and that effort is moving forward, as this morning's Tennessean reports at the following link:

http://www.tennessean.com/article/20100317/NEWS0202/3170369/3+Nashville+council+members+push+gender+identity+rights

Metro Council Members Megan Barry, Ronnie Steine, and Erik Cole, three of the sponsors of 2009 Metro non-discrimination ordinance, have written to the Metro Human Relations Commission urging them to expand their educational programming and data collection on gender identity discrimination in the areas of housing and employment in the private sector. While not enforceable in the sense of compelling private employers and providers of housing to change their policies or stop discriminating, it is an advance in the sense that it would allow us to achieve a better picture of the discrimination occurring in Davidson County.

In contrast, the Metro non-discrimination ordinance dealt with employment discrimination in Metro government. It prohibits such discrimination and is enforceable.

TEP thanks and applauds Council Members Barry, Steine, and Cole for their action in seeking to clarify the authority of the Metro Human Relations Commission to collect data and offer educational programming on the problem of discrimination based on gender identity.

What this means is that there may now be some way for everyone who lives or works in Davidson County to report employment and housing discrimination, even though it is still not prohibited in the private sector. It is our hope that the Metro Human Relations Commission will embrace this newly established authority so that we can raise awareness of all forms of discrimination in Nashville.

We will keep you posted on further developments. If the Human Relations Commission embraces the authority to do educational programming and data collection on gender identity discrimination, as it has in the past on the basis of sexual orientation, we will provide you with further information on how to make a complaint of discrimination based on gender identity or sexual orientation or other factors.

Again, we offer our profound thanks to Council Members Barry, Steine, and Cole--three leaders who have worked to make Nashville a more inclusive city.

Chris Sanders, Board Chair and H.G. Stovall, President