Executive Order will Prohibit Federal Contractors from Discriminating on Basis of Sexual Orientation and Gender Identity

The White House announced today that President Obama will in the near future sign an executive order banning federal contractors from discrimination against gay, lesbian, bisexual, and transgender employees.  The President decided to act unilaterally after ENDA stalled again in the House.  More details can be found here: http://online.wsj.com/articles/obama-to-bar-gay-discrimination-by-federal-contractors-1402934436 and here: http://www.huffingtonpost.com/2014/06/16/obama-enda_n_5499377.html .

Time for Houston Employers to Update Handbooks

Late last month, the City of Houston became one of the last large cities in the U.S. and the last major city in Texas to pass an ordinance protecting LGBT employees from discrimination in employment (as well as in housing and public accommodations).  The Houston Equal Rights Ordinance (HERO) prohibits discrimination based on “sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information, gender identity, or pregnancy.”  Houston employers may not have previously listed familial status in handbooks and other policies and should add that category now, as well as adding sexual orientation and gender identity if not previously included as protected categories.  Familial status is defined as including parents and guardians of people under 18, as well as those in the process of obtaining custody of children.

Under the new ordinance, applicants or employees will be able to file complaints with the City Attorney’s Office of the Inspector General within 180 days of a violation.  Employers will potentially be subject to a Class C misdemeanor fine of up to $5,000 per violation if the matter is referred to the City Attorney.