On October 13, the Springfield, Missouri City Council, on a vote of 6-3, approved a bill expanding the city’s non-discrimination ordinance to include sexual orientation and gender identity as protected classes.
Council Bill 2014-189, which went into effect immediately upon the vote, adds these protections regarding employment as well as housing and public accommodations. The bill allows certain religious organizations, associations and societies to give employment preferences to members of its own religion.
Springfield’s Mayor’s Commission on Human Rights and Community Relations is charged with investigating allegations of discrimination prohibited by the city’s non-discrimination ordinance and mediating settlements between affected parties. It is not empowered to initiate any legal actions regarding any such allegations nor impose any penalties upon any party it believes to have violated the city’s ordinance. However, the revised ordinance now allows the Commission to refer to the municipal prosecutor any matter for which it finds probable cause that prohibited discrimination occurred. Upon prosecution in municipal court, violators of the ordinance could be issued a citation.
While there remains a potential repeal effort by public referendum of the City Council’s action, employers with facilities located within the City of Springfield should review their employment policies for compliance with this ordinance revision and consult with their outside employment counsel for guidance.
In addition to issues of employment discrimination related to sexual orientation and gender identity, employers should also be closely following ongoing court rulings regarding same sex marriage, as these decisions have implications on employer-provided benefits, enrollment rights and requests for accommodation/leave.
