Memphis Housing Authority expands protections to LGBT employees

MHA joins the list of organizations protecting
LGBT employees from discrimination.

Tennessee Equality Project is pleased to share news of expanded workplace protections for LGBT employees in Memphis. 

On Thursday, Feb. 28, the Board of Commissioners of the Memphis Housing Authority approved Resolution No. 4315 which amended the Section 1.03 on Equal Employment Opportunity in  the MHA Employee Handbook . The new verbiage added "..., genetic information, veteran status, political affiliation, sexual orientation and gender identity."

Commissioner Ian L. Randolph confirmed the change to the employee handbook with Tennessee Equality Project on Friday. 

This action follows the addition of housing protections for LGBT consumers during the first administration of President Barack Obama in federally funded housing programs (most of MHA's funding comes from Federal Government).  Commissioner Randolph reported that the Memphis Employment Non-Discrimination Ordinance enacted in October 2013 by the Memphis City Council influenced the decision to extend LGBT-inclusive workplace protections to MHA employees.

TEP applauds the leadership of the MHA Board of Commissioners. Let's continue to look for an equality ripple effect in Memphis and Shelby County. 

Anti-gay group pays top dollar to be heard, but is anyone listening?

Today's Commercial Appeal features a column written by Councilman Lee Harris about the Memphis Employment Non-Discrimination Ordinance (ENDO) he sponsored which added workplace protections for age, disability, national origin, ethnicity, gender identity, and sexual orientation.

"The ordinance forces the City of Memphis to focus on talent, ability and merit. This idea is hardly controversial" writes Harris.

The councilman goes on to explain the mainstream support for the LGBT-inclusive protections in the ordinance:

But, the ordinance also generated support from all corners of our community, from the clergy to congregants, from firefighters to police officers, from gay to straight.

The NAACP supports the ordinance. Its local head nicely crystallized the issue, saying, "Every American must be allowed to contribute to society without facing unfair discrimination on account of race, sex, religion, age, disability, sexual orientation or gender identity. Our fight for social justice will continue until all can be protected in the work place."

Mid-South Peace and Justice Center supports the ordinance. The Shelby County Democratic Party supports the ordinance.

The ordinance received support from many city employees. AFSCME, one of the largest public unions in town, supports the ordinance. The Memphis Police Association supports the ordinance. The International Brotherhood of Electrical Workers supports the ordinance. This isn't the radical element of our community. The city employees, our city unions that support the ordinance are not controversial.

Memphis is in good company in adopting LGBT-inclusive workplace protections when compared to other local employers:

According to the Human Rights Campaign, many Memphians work for employers who have workplace policies in place similar to this one, including First Tennessee; State Farm; SunTrust Banks; AT&T; University of Memphis; Memphis Urban League; Federal Express; Service Master; Hilton Hotels; Harrah's Entertainment; Baker, Donelson law firm; International Paper; Medtronic; Nike; Smith & Nephew and Pinnacle Airlines.  

These companies are hardly a redoubt for fringe liberalism. These companies are not the controversial type.

Despite the broad support for Councilman Harris's ordinance, anti-LGBT opponents of the ordinance are still grumbling that all City of Memphis workers will be treated with fairness and dignity. They are not going away quietly. They continue to believe that workers who want to earn a living, provide for their families and contribute to their community is a radical notion that contradicts G_d and nature. They will say anything to get that point across, and they are willing to pay any price to say it.

An anonymous organization named "Memphis City Churches" placed a full-page advertisement on page A10 in same edition of today's Commercial Appeal. Click here to see the full ad. 

Memphis City Churches must have paid around $4000* to place this ad in Sunday's newspaper. In fact, I recall them placing anti-gay ads in the Commercial Appeal several times over the years - usually during election season. I remember seeing them in 2004, 2006, 2008 and 2010.  That's at least $20,000 over 8 years. What a waste!

While the content of today's ad is deeply offensive to most people, I am a firm believer in the First Amendment right to free speech. I used to worry such speech might persuade those who didn't know any better. Not anymore. Most of the ads contain the same content each year. The group regurgitates Scripture onto the page to justify bias and prejudice and cites "prominent authors" without names or recognizable authority of public policy. This brand of patriarchy, misogyny, homophobia and heterosexism is losing its appeal. The 9 to 4 vote of the Memphis City Council approving the LGBT-inclusive workplace ordinance is the latest demonstration of where the mainstream is on this issue.

I don't worry about these ads anymore because they offend the common mainstream values that most people share: inclusion, fairness, decency, equality and diversity. The more vociferous they become, the more willing the mainstream is to accept and include lesbian, gay, bisexual and transgender people and their families in society.

This anonymous group is so desperate to be heard they are willing to spend thousands of dollars to reach an audience - an audience who has stopped listening to them. I predict that in coming years, the governing boards of churches and other religious organizations will re-examine the wasteful spending of tithes and church offerings on hateful advertising and actually seek to benefit their church members or those living in poverty in our city. Let's hope they become better stewards of their resources.

- Jonathan Cole

UPDATE (10/30/2012): The same full-page advertisement from Memphis City Churches appeared again in the Oct. 30, 2012 edition of the Commercial Appeal. That's $8000 spent on anti-gay ads in less than a week. Imagine what could be done with the tithes and church offerings used to pay for both ads. How would you use $8000 in Memphis?

*Previous estimates of the ad ranged from $5000 to $15,000, but a better estimate from a knowledgeable source confirmed on 10/29/12 that $3800-4000 was the actual cost range for the ad.

Do you work for a fully LGBT-inclusive employer in Memphis?

Send a message in support of
LGBT-inclusive workplace protections
to the Memphis City Council.

You may be able to advocate for a fully inclusive employment non-discrimination ordinance for City of Memphis employees

You may be working for an employer which fully protects lesbian, gay, bisexual and transgender people from discrimination on the job in Memphis?

Here's a partial list of companies in the Memphis area which offer anti-discrimination policies which provide equal opportunity in employment without regard to sexual orientation, gender identity and gender expression: Best Buy; Costco; Comcast;  FedEx;  First Horizon;  Harrah’s Entertainment;  Hilton; J.C. Penny; Kroger; Macy’s; Medtronic; Merck;  Nike; Office Depot; Sears;  Starbucks; State Farm; SunTrust Banks; Target; United Parcel Service;  Wachovia Bank; Walgreens; Wal-Mart; and Williams-Sonoma.

If you work for any of the above companies, send the following message to the Memphis City Council at http://bit.ly/ContactCityCouncil. Copy and paste this message to "ALL" council members in the link provided and be sure to add your company name:

Dear Memphis City Council,

I am writing to thank the Memphis City Council for voting to add national origin, ethnicity, age, disability, sexual orientation to the Memphis employment non-discrimination ordinance on Tuesday, Sept. 18.

While I am grateful for the inclusion of the above non-merit factors, I am deeply concerned that gender identity and gender expression were omitted from this ordinance. I work for [insert company name], a company in the Memphis area, which offers LGBT-inclusive workplace protections in its anti-discrimination policy. In other words, lesbian, gay, bisexual and transgender people in my workplace are protected from discrimination in hiring, promotion or job retention.

Many large Memphis-area businesses like FedEx, Medtronic, Comcast, Harrah’s Entertainment, Hilton, Starbucks, First Horizon, Kroger, Delta, Nike and Merck also provide LGBT inclusive anti-discrimination policies. It’s simply good business to protect all employees on the job. While I can’t speak officially on behalf of my employer, I feel that my company has learned that fully inclusive employment policies help to recruit and retain the most talented and qualified people to the workforce.

Memphis would be in good company if city government were to follow the lead of these employers in providing these same protections. To ensure a fully inclusive ordinance, I urge you to vote to add gender identity and gender expression to the proposed ordinance on Oct. 16.

Sincerely,

[Your Full Name]

Allow me to dispel the rumors

I am hearing rumors that I want to dispel once and for all.

On behalf of TEP Shelby County Committee and all of TEP, I want to make crystal clear that we consider the City of Memphis Non-Discrimination Ordinance to be incomplete and unacceptable without the inclusion of gender identity and expression.

We are taking steps to build on the success we have made thusfar to make sure that the ordinance is amended to include gender identity and expression. In my remarks before the Memphis City Council, I stated that they should not abandon my transgender brothers and sisters:

I meant what I said, and we will fight to make this flawed ordinance whole.

 - Jonathan Cole

Memphis City Council makes progress but not enough

Action News 5 - Memphis, Tennessee

The Memphis City Council made history yesterday in amending Councilman Lee Harris's employment non-discrimination ordinance by adding new non-merit factors which are not covered in the current municipal ordinance: age, disability, and sexual orientation. Seven council members, including 6 Democrats and 1 Republican, voted for the amendment - real progress.

Council members supported the amendment of the ordinance because of support from city employees and employee unions, faith leaders and other mainstream organizations. Tennessee Equality Project is grateful to  many who spoke or came prepared to speak on behalf of the amended ordinance.

But yesterday's victory is bittersweet for two reasons.

First, the council failed to include gender identity or expression in the amendment. At every step in this campaign, TEP has advocated for a fully inclusive ordinance. To exclude gender identity and expression ignores the very real hardships that transgender people face in Memphis. Because of the workplace discrimination they encounter, many transgender people face poverty, homelessness and violence. I reminded the council of this fact in my comments during public input. This ordinance is incomplete and unacceptable without gender identity and expression. We cannot abandon our transgender brothers and sisters and we will continue to push the council to amend the proposed ordinance again.

Second, City Attorney Herman Morris sabotaged immediate passage of the amended proposal by casting doubts on its compatibility with the City of Memphis Charter. Morris and Council Attorney Alan Wade  stated that the ordinance may make the city vulnerable to a lawsuit since sexual orientation is not mentioned in the charter or other state or federal law. Both attorneys suggested that a ballot referendum may be necessary to add such language to the charter to avoid court battles. The council voted to hold the amended ordinance for 30 days until the charter questions could be fully analyzed.

Since versions of this ordinance were introduced twice in 2010, the announcement of a charter conflict two years later is suspicious.

The charter conflict question is a farce. City employees deserve
to know why the administration is standing in the way of equality.

When Tennessee Equality Project worked with original council sponsor Janis Fullilove on the first version of an LGBT-inclusive ordinance, we met extensively with the City Attorney's office and Human Resources Attorney. TEP engaged in this process in good faith to ensure that the proposed LGBT-inclusive ordinance fit within the existing framework of municipal, state and federal law - including the City of Memphis charter.

Many council members and advocates at the meeting suspected foul play. The City of Memphis Charter states the following in Article 34, Section 249:

There shall be no discrimination in the City employment of personnel because of religion, race, sex, creed, political affiliation, or other nonmerit factors, nor shall there be any discrimination in the promotion or demotion of City employees because of religion, race, sex, creed, political affiliation, or other nonmerit factors.

I am not an attorney, but attorneys with whom I've consulted believe that the charter language is expansive in its scope with regard to prohibited factors in employment discrimination. "Other nonmerit factors" provides a floor, not a ceiling, for the recognition of additional forms of prohibited discrimination. Opponents of the ordinance are attempting to use the City of Memphis Charter in the same way that state lawmakers use HB600/SB632 to limit the ability of local government to prohibit discrimination of employees of contractors and other private employers.

To suggest that the civil rights of lesbian, gay, bisexual and transgender people be subject to a popular vote is a stalling tactic. The Wharton Administration deliberately intervened yesterday to prevent this ordinance from moving forward. City of Memphis employees who deserve to be treated equally on the job deserve to know why.

- Jonathan Cole

A quick post about today's result at Memphis City Council

Be steadfast in your advocacy my friends. We are moving closer to realizing inclusive workplace protections in Memphis. Today's result was a partial victory. While sexual orientation was added to the proposed non-discrimination ordinance, we must continue to press our Memphis City Council to add gender identity and expression to the proposed non-discrimination ordinance. We must also expose the City of Memphis Charter diversion for what it is - an attempt to stall. Plans are in motion to address today's events. I beg your indulgence as TEP and our allies move to address today's mixed results. Please stay tuned for a more in-depth account of what happened today.

-Jonathan Cole

Clergy support inclusive workplace protection for City of Memphis employees

Memphis, TN, September 13, 2012 — Several weeks ago, many of us declared our support for equality for lesbian, gay, bisexual and transgender people on the steps of the Memphis Gay and Lesbian Community Center. As leaders of our faith communities, we join voices in support of an opportunity to advance workplace equality in the City of Memphis.

On September 18, the Memphis City Council will consider an employment non-discrimination ordinance. Clergy Defending Rights for All supports expansion of this ordinance to include age, disability, sexual orientation, gender identity and gender expression.

Many of our sacred texts and scriptures speak to the importance and sacred nature of work and call on us to protect all workers as a matter of justice. As faith leaders in our communities we often hear of lost jobs and the difficulties of finding work in this difficult economy. We share the concern for the health of our economy in Memphis and find it inexcusable that some workers live in fear of job security because of prejudice.

We support an inclusive employment non-discrimination ordinance for the City of Memphis which protects its employees from discrimination in the workplace based on religion, race, sex, creed, political affiliation, national origin, ethnicity, age, disability, sexual orientation, gender identity, gender expression or other non-merit factors.

Rabbi Micah Greenstein - Temple Israel

Pastor Stephen R. Montgomery - Idlewild Presbyterian Church

Fr. Joseph Wallace Williams - Grace St. Luke’s Episcopal Church

Rev. Richard Lawson - Grace St. Luke’s Episcopal Church

Rev. Rebekah Jordan Gienapp - St. John’s United Methodist Church

Pastor Paul Ecknes-Tucker - Holy Trinity Community Church

The Rev. Cheryl Cornish - First Congregational Church

Minister Davin Clemons - Cathedral of Praise Church of Memphis

Rev. Beth Lynley Lefever - Neshoba Church

Rev. Bill Murray - St. Elisabeth's Episcopal Church

Pastor Rosalyn Nichols - Freedom's Chapel Christian Church

Rev. Jarad Bingham - Shady Grove Presbyterian Church

Minister John Gilmore - Open Heart Spiritual Community

Rev. Randall Mullins, retired (Congregational) United Church of Christ

Rev. Gayle McCarty -Grace-St. Luke's Episcopal Church

Rev. Joseph Pfeiffer, First Congregational Church

Rev. Walt Tennyson - Rhodes College Chaplain

Reverend Anne H.K. Apple - Idlewild Presbyterian Church
Rev. Carla Meisterman, Balmoral Presbyterian Church

Rev. Elaine Blanchard, United Church of Christ
Rev. Bindy Snyder, All Saints Episcopal Church

If you are a pastor, minister, rabbi, imam, or other spiritual leader who supports the above statement, contact Jonathan Cole at JMCole1970@gmail.com to add your name.

City of Memphis would be in good company with inclusive workplace protections

Memphis, TN, September 12, 2012 — An ordinance introduced by Lee Harris on the Memphis City Council would add age and disability to the non-merits factors which may not be used in employment decisions for city workers. To truly promote equal opportunity for all, the ordinance must be amended by the Memphis City Council on Sep. 18 to include sexual orientation, gender identity and gender expression. Currently, no federal, state or municipal law prohibits discrimination against lesbian, gay, bisexual, or transgender (LGBT) workers.

If the Memphis City Council enacts a non-discrimination ordinance which includes sexual orientation, gender identity and gender expression, Memphis will find itself in line with most Fortune 500 companies. Eighty-six percent of the Fortune 500 include sexual orientation in their nondiscrimination policies and 50 percent include gender identity. These employers know that LGBT-inclusive policies help them attract and retain talented professionals to the workplace. Many of these companies include various sectors of the economy and conduct business in the Memphis area:

Banking, Finance & Insurance: AFLAC*, Delloitte & Touche*, Ernst & Young*, First Horizon National*, Humana*, State Farm*, SunTrust Banks*, Wachovia Bank*
Communications & Technology: AT&T*, Comcast*, IBM*, Verizon Communications
Education & Non-Profit: Rhodes College, Southwest Tennessee Community College*, University of Memphis, University of Tennessee, Memphis Urban League, Tennessee Community Services Agency
Home Improvement: Servicemaster
Hospitality & Lodging: Caesar’s Entertainment*, Harrah’s Entertainment*, Hilton Hotels*, Marriott*
Legal: Baker, Donelson, Bearman, Caldwell & Berkowitz PC

Manufacturing: Cargill*, Coca-Cola*, Kellogg*, International Paper, Medtronic*, Merck & Co.*, Nike*, Pepsi Beverages Co.*, Pfizer*, Smith & Nephew, Thomas & Betts
Restaurant and Grocery: KFC, Kroger*, McDonald’s, Pizza Hut, Starbucks*, Taco Bell
Retailers and Wholesalers: AutoZone, Best Buy*, Costco*, Home Depot, J.C. Penny*, Lowe’s, Macy’s*, Office Depot*, Sears*, Target*, Walgreens*, Wal-Mart*, Williams-Sonoma*,
Transportation & Shipping: Delta Airlines*, FedEx*, Pinnacle Airlines, United Parcel Service*
It’s time for the City of Memphis to catch up with the private sector by offering LGBT-inclusive workplace protections for city workers and job applicants.
*Indicates Equal Opportunity Employment policies that also include gender identity or expression. List compiled from HRC’s 2012 Corporate Equality Index: A Report Card on Lesbian, Gay, Bisexual, and Transgender Equality in Corporate America and individual employers.

Contact Jonathan Cole, Vice President, Tennessee Equality Project, JMCole1970@gmail.com, 901-301-3306 for more information.

Planned Parenthood supports LGBT-inclusive workplace protections in Memphis

Another organization has joined the chorus of voices supporting equal opportunity for all in Memphis. Tennessee Equality Project is grateful to Planned Parenthood Greater Memphis Region for supporting inclusive workplace protections. Here is their Statement:

“Planned Parenthood Greater Memphis Region (PPGMR) supports the civil rights of everyone, regardless of their sexual orientation, gender identity or gender expression. PPGMR supports the expansion of the current non-discrimination ordinance to include sexual orientation and gender expression.

Workers should be judged solely on the basis of their ability to do the job. Our city should not tolerate discrimination on the basis of sexual orientation any more than it tolerates discrimination on the basis of race, gender, creed, color or national origin. Gay, lesbian and transgender employees should have all the protections that other employees enjoy in the workplace. Government should lead the way in expanding workplace protections to include everyone. To do less is an injustice to us all.”

The Memphis City Council is scheduled to vote on an employment non-discrimination ordinance on Tuesday, September 18 at 3:30 PM. 

TEP celebrates the retreat of the "Special Access to Discriminate" Act

LGBT-inclusive workplace protections
may still expand in Tennessee.

Tennessee Equality Project celebrates today’s action in the House Subcommittee on Commerce. The “Special Access to Discriminate” Act (HB0598) was taken off notice today for lack of support among members of the subcommittee.

For the moment, this withdrawal means that state government will not be intruding in the contractual affairs of local government in Tennessee. Cities, counties and school boards rightfully remain free to define what is best for their communities in expanding workplace equality, living wages and other employee benefits without BIG government interference from the state.

TEP applauds the coordinated efforts of equality, labor, and municipal government advocates who helped bring about this bill’s retreat. However, we are not our of the woods yet. Bill sponsor Glen Casada told The Tennessean that 

he plans to put the bill back on notice in about two weeks and will use the interim to lobby opponents (he named Cordova lawmakers Steve McManus and Dennis Roach, specifically) to vote for the bill.

While today's withdrawal is a joyous event, we must be vigilant in making sure that this bill does not return while the 107th General Assembly is in session. We must also support the CAN DO ordinance headed for final reading by the Nashville Metro Council on Tuesday, April 5. 

Celebrate the withdrawal of this bill by making a contribution to Tennessee Equality Project so that we may continue to advance and protect the equality of lesbian, gay, bisexual and transgender people in our state. Consider that

• $25 prints 100 brochures/membership forms
• $50 allows us to reach over 120 voters with a mailing
• $100 trains 10 volunteers for lobbying their elected officials on GLBT issues
• $250 creates 100 folders for advocates at Advancing Equality on the Hill each year
• $500 pays for participating in events such as pride festivals in communities throughout the state
• $1,000 provides seed money for 4 house parties to reach the community and raise more money
• $2000 allows us to purchase better technology services to build and mobilize supporters for six months

While some of the above advocacy expenses may be more than many can afford, we all have like-minded friends and family who want to help advocate for equality in our home state. Consider forming a Host Committee with them for a House Party to raise awareness about LGBT equality initiatives like the above bill and raise funds to further the work of TEP. Learn more about House Parties here.


- Jonathan Cole