We just received the final, final version of DART’s proposed new nondiscrimination policy, and it looks like the Board of Directors added one word last night: “except.”
I’ve bolded and capitalized the word in the below paragraph, which is taken directly from the final version of the policy.
DART is committed to hiring, promoting and retaining the best qualified persons in all positions and, EXCEPT to the extent permitted by federal and/or Texas law, DART will not discriminate on the basis of race, color, religion, national origin, sex, age, disability, genetic information, veteran status, sexual orientation, gender identity or any other characteristic protected by law.
Now I’m no attorney, but here’s my question: Am I crazy or is this basically saying that DART won’t discriminate UNLESS said discrimination is permitted by federal and/or state law? Because the fact of the matter is, discrimination based on both sexual orientation and gender identity is currently permitted by both federal and state law.
In response to questions about this, DART spokesman Morgan Lyons swears up and down that the intent of the new policy is for the agency to become more inclusive and add gender identity. And I believe him, but that still doesn’t explain this wording. Furthermore, Lyons says I can’t talk to one of the agency’s attorneys about it, because they would just refer me back to him.
I’ve left a message with Ken Upton, a local LGBT civil rights attorney, to get his take, so I’ll be updating with that in a bit hopefully. I’ve posted the final version of the policy that was sent over by Lyons this afternoon after the jump. Note that he has highlighted the word “except” to indicate that it was added last night.
Woah, I can’t believe this. WTF????!!!!
This is unnaceptable. It IS legal in the US and in Texas to be fired from your job based on your gender dentitify and sexual orientation regarless of your ability to perform a job function. Our fight over the years has been to get companies to change their policy to include gender identity and sexual orientation.
All DART lawyers and the DART board have done is to make it look like they were changing their procedures and they “inserted” the word EXCEPT which brings us right back to the Federal Policy. If this passes than it was all for nothing and there was no reason to even go through the meetings and changes.
We can’t take this lying down. We must move into action fast. Keep watching for updates and possible actions to counteract this disgusting move. This board and their lawyers must think that we all fell off the ‘turnip truck.”
crazy, ex post facto demonstrations never have quite the zing to them than the ones done before months of delay and deny performance art.
We could stage a protest but all the “activists” are too busy protesting a frickin movie!
Unfortunately the law is based on majority vote. Constitutionally this is correct. At personal level this makes me sick.
Teddy: “Daddy. In Timmy’s kitchen, there’s a cookie jar full of cookies. He gets a cookie every day. And, and Sally’s kitchen has a cookie jar full of cookies too. And so does Tamika’s, and Juan’s and Mary Catherine’s and ….”
Teddy’s Father: “Shhhh Teddy. Look up on the 4th shelf in the kitchen. See, you have a cookie jar too! It even says: ‘Teddy’s Cookie Jar.’ I wrote the words in your favorite color.”
Teddy: “B, bb, bbb, but Daddy….it doesn’t have any cookies in it.”
Teddy’s Father: “Awww. It’ll be okay. I know there are no cookies, but at least there’s a jar up there with your name on it!”
(Selfish/compassion-free votes on the part of the DART board members– especially those who’ve themselves experienced racial and/or gender discrimination.)
What a bunch of fuckheads. I’m sure they wasted hours of time and buckoo bucks paying an attorney to get them out of this bind. It’s not what’s right or wrong, it’s who’s got the best attorney(s).
Tori, lay off of me with your adolescent play ground crap.
Tori, a transgender life hangs on the line and this is all you can do?
Let me refresh your memory Tori,
I asked you to come twice to the first hearing you attended and you ignored both my invitations. You got a big head when Chuck Smith asked you to come and speak at the board meeting so you drove your car towards Dallas. I sent 1/2 holding your hand, talking you in on the cell because you had no idea where the building even was.
After you got to the building you said you were not going to speak because you “Did not know anything about what was going on”.
I addressed the board meeting that night.
https://planetransgender.blogspot.com/2010/03/kelli-busey-comments-to-dart-board.html
You sat next to Mauve joking and laughing rudely the whole time the LGBT advocates were speaking.
Yes I protested TO#WK and rightfully so. I also continued with all my advocacy efforts including this one so Tori your barb was transparent and meaningless to all the LGBT community. So lay off and grow up.
What is the LAW? I thought in America we basically used the following guideline:
{{Everything which is not forbidden is allowed is a constitutional principle of English law — an essential freedom of the ordinary citizen. The converse principle — everything which is not allowed is forbidden — applies to public authorities, whose actions are limited to the powers explicitly granted to them by law. }}
from https://en.wikipedia.org/wiki/Everything_which_is_not_forbidden_is_allowed
Isn’t DART a ‘public authority’ in this context? If discrimination against short people (or green people, etc.) is it not granted by government isn’t it forbidden to a public entity like DART?
The EXCEPT makes one think that they intend to discriminate and are actively looking for loopholes to do so, which is I guess what they did. Taking public funds and hiring outside legal counsel to specifically find loopholes that allow them to discriminate. Shame on you DART.
A few weeks ago we were thrown a road hump in the form of a delay tactic. The language gave us pause, several legal perspectives suggested we could live with it. Then without any credible warning one word was changed. (right after the Texas GOP left town)
Our resolve is now being tried to the limit. The local TV stations have been notified the DMN has already responded (expect story in tomorrows edition) The mainstream media can only report positive for us because of the conduct to date. We dialoged and negotiated in good faith. This will be portrayed as a dismissive negative bad faith ploy on DART’s legal staff and some board members.
Call all city council members, in person visits are strongly encouraged. Most important at all times keep it positive, we can and will win this.
This can be a great springboard to bring ENDA dialog back into the spotlight.I was getting sick of seeing oil everyday.
@Blake you still don’t understand this is real life. People who currently have a job, their life is at stake. This is not a stage for performing arts; for that venue may I suggest the Improv.
Kelli,
I was asked to go to the DART meeting by the Resource Center of Dallas. When I did not know which building it was in, I did call you, because your number was the only one I had in my phone at the time. I went there to show support as a successful transwoman and be seen…not to talk to the board. There were enough people doing that.
The fact that you have disrespected and denegrated the memories of our fallen transgendered brothers and sisters by putting their names on the sidewalk in front of the Rose Marine Theater so that people can walk on it was the last straw for me. Also, I had been warned before your TOTranniesWK “protest” that you would trash anyone that didn’t agree with your methods…and you have done that.
When I find out that you are going to be at an event, I will not go to it, just like others in the TG community have decided to do.
On planetransgender is a post that has the list with email and phone numbers of of LGBT supportive Dallas City Council members who acted on our behalf just yesterday.
I just finished talking with their assistants who are unaware of this development. Your phone calls and emails will be the advocacy which will make the difference.
DART Board Member Raymond Noah Gut’s Gender Amendment Screws Gays: TAKE ACTION! https://planetransgender.blogspot.com/2010/06/dart-board-member-raymond-noah-guts.html
Dear Councilmember,
Please pass my concerns to the DART board that the work that the GLBT community has done in good faith has been for naught.
The DART nondiscrimination policy only needed the inclusion of the words “Gender Identity/Expression to make DART a organization that protests equally transgender people in the work place. Instead DART has manipulated the amendments language in a way that it ultimately denies transgender and gay people protection.
Kelli Busey
Author planetransgender
I suspect what they really mean is that they won’t discriminate EXCEPT where federal or state law REQUIRES them to, e.g. they won’t recognize a gay couple because Texas won’t let them.
On the other hand, this is about Texas…
@BobN – That is a nice optimistic thought. They are just idiots rather than villans because their lawyers can’t construct the sentence correctly. Unfortunately, I doubt this is the case.
Maybe gays could be more effective if they would worry about OUR issues and let transgendered deal with theirs. Personally I dont like being lumped into a GLBT acronym. Sexual Identity and Sexual Orientation are two different things. Its like lumping lung cancer in with heart disease because they are both in the chest. Sometimes our issues overlap but other times they have nothing to do with each other. I stopped donating to one org because they were wasting money on suing for trans people to have seperate bathrooms at the same time the hateful marriage adments were on the ballot across the country.
John, I am a lawyer, and you’re right. Or Wright. I get confused.
May I have Another Gay White Male Disregarding Other Forms of Discrimination For His Own Narrow Agenda for 200 Alex?