School board to discuss sexual-orientation policy

Residents have come before the Brevard School Board four times since October, asking the board to consider a change in the school district’s non-discrimination policy.

They want the district to include sexual orientation and gender identity as categories covered by that policy.

After hearing the same request several times since she took office in November, school board member Misty Belford said she wants a resolution to the issue.

“I think that it’s something that needs to be discussed by the board,” Belford said. “We owe it to the public to respond. I would like to have closure on the issue, and have the board address it.”

On Tuesday, the school board will do just that. At Belford’s request, a discussion item was added to the board’s agenda related to district administrative procedures related to harassment and non-discrimination.

District spokeswoman Michelle Irwin said school board attorney Harold Bistline will be prepared to answer board members’ questions on the issue at Tuesday’s meeting.

The Brevard County Commission also recently got a request related to gay rights.

Indialantic resident Cynthia Sweet asked the county “put through a referendum giving equal rights to all Brevard County residents, including a non-discrimination policy to protect LGBT” — lesbians, gays, bisexuals and transgender people.

“We need to be forward-thinking and create equality for all in Brevard County,” Sweet, a real estate agent and president of the local chapter of Parents, Families and Friends of Lesbians, Gays and Transgender Persons, told county commissioners. “I think we want to grow our county, and I really hope that you agree that we want to put equality through for LGBT in our area. And I really think it will help our area.”

In response, Brevard County Human Resources Director Frank Abbate detailed steps that could be taken by a member of the public to put a such a citizen initiative on the ballot.

Alternatively, Abbate said, the County Commission could approve an ordinance adding sexual orientation “as a protected classification from unlawful employment discrimination.”

He noted, though, that, to enforce such an ordinance, the county would have to set up a Brevard County Human Rights Commission to review and address claims of unlawful discrimination, and likely would need to add administrative, investigative and support staffs.

Abbate also said the County Commission could take a narrower approach of adding sexual orientation “as an additional protected class of prohibited employment discrimination” for its own employees, rather than making it a law for all employers in the county.

Abbate said in his memo to commissioners that Brevard County government “follows both federal laws relating to unlawful employment discrimination ... as well as the state law prohibiting unlawful discrimination.” But, Abbate said, none of the employment discrimination laws he cited “specifically names ‘sexual orientation’ as a ‘protected class.’ ”

The County Commission unanimously decided to take no action on Sweet’s request.

County Commissioner Andy Anderson said, if the county establishes a Human Rights Commission to investigate complaints of discrimination based on sexual orientation, it would create more bureaucracy.

Furthermore, Anderson said, “I’m not sure that we have huge problems in Brevard County with discriminatory practices towards that community.”

One local government that recently changed its non-discrimination policy was Rockledge, which added “sexual preference” to a list of categories covered by the policy.

Rockledge City Manager Jim McKnight said that was one of a series of changes to update the city’s personnel policies and procedures, and was not triggered by anything in particular. McKnight said city officials felt it was appropriate to be more specific in mentioning sexual orientation in the policy.

The policy changes were unanimously approved in March by the Rockledge City Council.

Barton Bice, secretary/treasurer of the local chapter of Parents, Families and Friends of Lesbians, Gays and Transgender Persons, was the most recent speaker to address the Brevard School Board on its non-discrimination policy.

“The school board’s policy is incomplete because it does not include sexual orientation and gender identity,” Bice told board members. “You have a legal responsibility to protect your employees and the children entrusted in your care. But, more importantly, you have a moral responsibility to protect our children. Please add sexual orientation and gender identity to your non-discrimination policy. It is the right thing to do.”

At a previous meeting, Satellite Beach resident Clayton Richardson told the school board that “your non-discrimination policy does not meet a standard of excellence. The absence of four words — ‘sexual orientation’ and ‘gender identity’ — is quite glaring. It’s glaring to your students and staff. And it’s glaring to job-seekers. I’m asking you to lead, to show fairness, equal treatment and inclusion.”

Contact Berman at 321-242-3649 and dberman@floridatoday.com. Follow him on Twitter @ByDaveBerman and on Facebook at facebook.com/dave.berman.54.

Brevard School District policy

This is an excerpt from the Brevard School District’s harassment and non-discrimination procedures:

•Brevard County Public Schools shall comply with all federal laws and regulations prohibiting discrimination and with all requirements and regulations of the U.S. Department of Education.

•It is the policy of the board that no employee or candidate for a position in this district shall, on the basis of race, color, religion, national origin, age, gender, marital status, disability or other legally protected characteristic be discriminated against, excluded from participation in, denied the benefits of, or otherwise be subjected to, discrimination in any program or activity for which the district is responsible or for which it receives financial assistance from the U.S. Department of Education.

•The district recognizes that employees have the right to work in an environment untainted by sexual or other forms of harassment or discrimination.