Columbus City Council Expands Classes From Discrimination to Include Gender Identity or Expression, Age, Disability, and Military and Familial Status

Last night, the Columbus City Council – with very little advance public notice – expanded the protection of the City laws against discrimination in employment, housing and public accommodations to include gender identity or expression (i.e., transgendered individuals), age (i.e., over the age of 40), disability (same definition as state and federal law), military status (i.e., activity military duty), sex (male and female, including pregnancy discrimination) and familial status (i.e., having children under the age of 18 or being about to have a child). The new ordinance will become effective immediately upon being signed by Mayor Coleman. Among other things, violations of the Ordinance constitute a first-degree misdemeanor. Before voting, the City Council agenda indicated only that the Council would vote on amending “various sections of Chapter 2331 of the Columbus City Codes, 1959 in order to include additional protected classes of individuals from discriminatory practices that are not currently covered.”

The Council also voted to clarify the meaning of sex discrimination to include “male or female The terms ‘because of sex’ and ‘on the basis of sex’ include pregnancy, any illness arising out of and occurring during the course of a pregnancy, childbirth, or related medical conditions.” Gender identity or expression is defined to include “having or being perceived as having gender-related identity, appearance, expression, or behavior, whether or not that identity, appearance, expression, or behavior is different from that traditionally associated with the person's actual or perceived sex.”

The City Ordinance covers employers with 4 or more employees and already prohibited discrimination on the basis of race, sexual orientation, color, religion, national origin, and ancestry. The Ordinance, which covers some characteristics not protected under either state or federal law, applies only within the City limits, although it has been cited as grounds for public policy claims.

I can email a copy of the Ordinance upon request.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.