Pulaski County justices of the peace approved expanding the county's nondiscrimination policy for employees Tuesday night, in addition to establishing nondiscrimination policies for county services and organizations with county contracts.
The policy, which will go into effect Aug. 24, specifies that protections will be provided against discrimination based on "sexual orientation, gender identity, genetic information, or veteran status."
The county's current policy specifies prohibiting discrimination against employees on the basis of "political or religious opinion or affiliations, or because of age, race, sex, national origin, handicap, disability, or other non-merit factors."
While "non-merit factors" could be inclusive of any of the existing or proposed protections, Pulaski County Attorney Amanda Mitchell said, that would just be her opinion.
Specifying which groups would be protected would give a person a better case in a nondiscrimination suit, she said.
The ordinance would not require businesses, churches nor any other organization to comply with the new nondiscrimination policy. Organizations outside of Pulaski County government would have to adhere to the new policy only if they contracted with the county for work, and once the contract is in place, the policy would apply only to the work specifically done with the county. Mitchell said the ordinance would apply to new contracts and not retroactively to existing ones.
The Quorum Court approved the ordinance 10-5, with justices of the peace Doug Reed, R-Roland; Aaron Robinson, R-Jacksonville; Luke McCoy, R-Sherwood; Phil Stowers, R-Maumelle; and Paul Elliott, R-Maumelle, voting against it. Justices of the Peace Tyler Denton, D-Little Rock; Kathy Lewison, D-Little Rock; Julie Blackwood, D-Little Rock; Lillie McMullen, D-Little Rock; Donna Massey, D-Little Rock; Teresa Coney, D-Little Rock; Curtis Keith, D-Mabelvale; Judy Green, D-Little Rock; the Rev. Robert Green Sr., D-McAlmont; and Staci Medlock, D-North Little Rock, voted for the ordinance.
Pulaski County is the first county to pass such an ordinance. It follows several cities, including Little Rock and North Little Rock, that have passed ordinances limited to contracted business, after the issue came to the forefront of debate in the state Legislature this spring. Eureka Springs is the only city that has enacted a citywide nondiscrimination law since Fayetteville passed one last fall. Fayetteville voters overturned the law early this year.
"I'm 74 years old, and I've been discriminated against my whole life," Judy Green said, noting her experience at Little Rock Central High School.
"I hope I don't lose my constituents on this," she said. "I can't understand why anyone wouldn't support a nondiscrimination law."
Green commended Robert Green for attending the meeting specifically to vote for the ordinance Tuesday after having surgery.
"Why does everybody got to fuss about this?" Robert Green said, to applause from members of the public attending the meeting.
Stowers said he opposed the ordinance Tuesday night, because he believed "non-merit factors" included in the law were sufficient to protect against discrimination based on the added categories.
"This ordinance boils down to semantics," he said.
McCoy said Tuesday night he still wasn't sure the county wouldn't end up harming itself in passing the ordinance by alienating certain organizations in the county.
McCoy then read Bible verses to the crowd, to some derision, before being cut off by Pulaski County Judge Barry Hyde for being off-topic.
"Jesus wants us to be kind," he said, adding that what some consider to be "discrimination" others consider to be "conscientious objection."
McCoy then noted that he employed two lesbians at his business, JLM Servicing, and that he didn't care what their sexual orientation was. McCoy also owns Impact Gymnastics and Sports Academy, in addition to working for the Family Council.
Opponents of the ordinance also posed questions about how the ordinance would fit in with newly passed Act 1337, which bans municipal and county ordinances that would expand nondiscrimination laws to include people not protected by state law.
Mitchell said the ordinance passed Tuesday would be legal even under that act because the state already has a law in place that recognizes sexual orientation and gender identity as protected groups.
Arkansas Code 6-18-514 outlines the state's anti-bullying policies and defines "bullying" as, among other things, an action that may target an individual's attributes. The law defines "attribute" as "an actual or perceived personal characteristic including without limitation race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation."
Mitchell also noted that the federal Equal Employment Opportunity Commission has interpreted the Civil Rights Act of 1964 as protecting people based on sexual orientation and gender identity.
The ordinance Tuesday was read three times, with two different votes approving those readings, before going to final vote.
Denton, the ordinance's sponsor, voted "proudly yes" when his turn came.
Later, he said he was happy for the county and that he wanted more of the state to follow suit.
"We want anybody to feel welcome," he said.
After the vote, about two dozen people who had filled chairs at the usually sparsely attended Quorum Court meetings applauded for more than 15 seconds and then departed before the end of the meeting.
Later Tuesday night, the Human Rights Campaign, which advocates for the gay, bisexual and transgender community, released a statement quoting state Director Kendra R. Johnson as hoping the vote would send a message to the state Legislature.
"Every Arkansan deserves to be treated with dignity and respect, and HRC Arkansas will continue to work aggressively to achieve that goal," she said.
Metro on 05/27/2015