Phoenix prohibits employers from discriminating on basis of sexual orientation, gender identity or expression, and disability - Ahwatukee Foothills News: Money

default avatar
Welcome to the site! Login or Signup below.
|
||
Logout|My Dashboard

Phoenix prohibits employers from discriminating on basis of sexual orientation, gender identity or expression, and disability

Print
Font Size:
Default font size
Larger font size

Related Stories

Posted: Sunday, June 23, 2013 10:47 am

After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code to ban discrimination in employment on the basis of “sexual orientation,” “gender identity or expression” and “disability.” Phoenix City Ordinance No. G-5780.

The ordinance applies to all employers who are “doing business within the city of Phoenix” and have “one or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.” The ordinance, however, specifically exempts bona fide religious organizations and private membership clubs. Notably, the ordinance does not extend protection to independent contractors. Instead, it only prohibits discrimination against “employees” who are defined as “any individual employed for pay to perform services for an employer covered by this article and whose activities are controlled and directed by the employer for whom the services are being performed.”

Previously, the Phoenix Human Relations Ordinance only prohibited discrimination in employment on the basis of race, color, religion, sex, national origin, age, genetic information or marital status. The City Council has now added “gender identity or expression,” “sexual orientation” and “disability” to the list of protected classes of employees.

The ordinance defines “gender identity or expression” as “an individual’s self-identification as male, female, or something in between, and shall include the individual’s appearance, mannerisms, or other characteristics only insofar as they relate to gender, with or without regard to the individual’s designated sex at birth.”

“Sexual orientation” is defined as “an enduring pattern of emotional, romantic, or sexual attractions to men, women, or both sexes as well as the genders that accompany them and shall include discrimination based upon the identification, perception, or status of an individual’s same-sex, opposite-sex, or bisexual orientation.”

Finally, “disability” is defined as “a physical or mental impairment that substantially limits one or more major life activities of the individual, a record of such physical or mental impairment, or being regarded as having such physical or mental impairment.”

With respect to the prohibition of disability discrimination in employment, the ordinance specifically prohibits an employer’s: failure to engage in the interactive process, failure to provide reasonable accommodations of an employee’s disability, and utilization of qualifications, standards or other selection criteria that screen out disabled individuals unless the criteria are job related and consistent with business necessity.

A violation of the ordinance is a Class 1 misdemeanor, punishable by a fine up to $2,500, or imprisonment for a term not to exceed six months, or probation not to exceed three years or any combination of fines and imprisonment, plus probation. This is the sole remedy for a violation. The ordinance does not create a “private cause of action” against an employer for a violation of the ordinance.

The ordinance became effective on March 28. Thus, employers conducting business within the city of Phoenix should consider reviewing and updating their employment policies and employee handbooks to make clear that the employer prohibits discrimination against all protected classes, including sexual orientation, gender identity or expression and disability.

• Brian Foster is a 20-year Ahwatukee resident and senior partner at Snell & Wilmer L.L.P. in Phoenix. Reach him at (602) 382-6242 or bfoster@swlaw.com. Kathryn Hackett King, Joshua R. Woodard and Jennifer R. Phillips contributed to this column.

More about

More about

More about

  • Discuss

Pearl Harbor: 5 survive; 2 will join fallen USS Arizona shipmates

HONOLULU — As the afternoon shadows lengthen at Pearl Harbor on Wednesday, four Navy veterans will gather aboard the USS Arizona Memorial for …

Published: December 8, 2016 - 12:54 pm @ http://www.usatoday.com/story/news/nation-now/2016…

Scottsdale Fashion Square announces big renovation plans

Enhancements to Luxury Offerings Will Be First Phase; Louis Vuitton Announces Major Store Renovation in 2017   Macerich, one of the nation’s l…

Published: December 8, 2016 - 11:47 am @ http://azbigmedia.com/azre-magazine/scottsdale-fas…

Climate Change Expected To Hit Arizona At Higher Intensity

Published: Wednesday, December 7, 2016 - 11:06amUpdated: Wednesday, December 7, 2016 - 11:05am Climate change explains cooler winters and hott…

Published: December 8, 2016 - 11:23 am @ http://kjzz.org/content/405400/climate-change-expe…

Speaker Ryan Retreats on H-2B Visa Outsourcing Program

SIGN UP FOR OUR NEWSLETTER The quiet reversal by Ryan comes as President-elect Donald Trump moves forward with his very popular campaign promi…

Published: December 8, 2016 - 11:24 am @ http://www.breitbart.com/big-government/2016/12/07…

The Top Travel Specialists in the World

If you read Condé Nast Traveler, chances are you want to go somewhere and do something most people haven’t. And to turn a vacation into an I’l…

Published: December 8, 2016 - 11:24 am @ http://www.cntraveler.com/story/top-travel-special…

Masked man sought after armed robbery at Mesa Econolodge Inn and Suites

MESA - Mesa police are looking for the man behind a Halloween mask during an armed robbery of a hotel last week. According to police, the mask…

Published: December 8, 2016 - 11:17 am @ http://www.abc15.com/news/region-southeast-valley/…

US Border Patrol uses desert as ‘weapon’ to kill thousands of migrants, report says

The US Border Patrol agency has engineered the death and disappearance of tens of thousands of undocumented immigrants by using the desert wil…

Published: December 7, 2016 - 5:22 pm @ https://www.theguardian.com/us-news/2016/dec/07/re…

Architect Helps Shape City's Growth Through Collaboration

More than a decade ago architect Mark Ryan frequently had to drive to go out to lunch from his office space in Roosevelt Row.

Published: December 7, 2016 - 2:49 pm @ http://downtownphoenixjournal.com/2016/12/05/archi…

1A Auto v. Sullivan (Political Contribution Ban)

QUICK STATUS Last Step Goldwater Institue attorneys filed a Motion for Summary Judgment. Next Step Massachusetts will respond to the motion; c…

Published: December 7, 2016 - 2:17 pm @ http://goldwaterinstitute.org/en/work/topics/const…

US Border Patrol uses desert as ‘weapon’ to kill thousands of migrants, report says

The US Border Patrol agency has engineered the death and disappearance of tens of thousands of undocumented immigrants by using the desert wil…

Published: December 7, 2016 - 2:17 pm @ https://www.theguardian.com/us-news/2016/dec/07/re…

Facebook

ahwatukee.com on Facebook

Twitter

ahwatukee.com on Twitter

RSS

Subscribe to ahwatukee.com via RSS

RSS Feeds

Spacer4px

Most Popular

Online poll

Loading…