Houston to Phase-In Employment Discrimination Prohibitions

Author: Beth P. Zoller, XpertHR Legal Editor

June 26, 2014

The Houston City Council recently approved the Houston Equal Rights Ordinance (HERO) which amends the Houston Code to prohibit many types of discrimination by private and city employers. The ordinance takes effect on June 27, 2014.

The ordinance prohibits discrimination based on:

• Sex, sexual orientation and gender identity;
• Race, color, ethnicity and national origin;
• Age;
• Military status;
• Religion (religious institutions are exempt);
• Disability;
• Genetic information;
• Pregnancy; and
• Familial and marital status.

Because of the comprehensive coverage of the ordinance, Houston employers should review and update their discrimination policies and practices and train all supervisors and managers on the new prohibitions.

The applicability of the ordinance to private employers will be phased in over the next two years as follows:

• Effective June 27, 2014, the ordinance will apply to private employers with 50 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and the person's agent.
• On June 27, 2015, it will apply to private employers with 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and the person's agent.
• On June 27, 2016, it will apply to private employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and the person's agent.

Entities exempt from the ordinance include private membership clubs exempt from taxation under Section 501(c) of the Internal Revenue Code, the state, state agencies or political subdivisions, and religious organizations.

The following are some of the key terms defined in the amended ordinance:

• Familial status - an individual has familial status if he or she lives with someone who is younger than age 18 as the youth's parent or legal custodian, or lives with the youth with the written permission of his or her parent or legal custodian, or is in the process of obtaining legal custody of the youth.
• Gender identity - "an individual's innate identification, appearance, expression, or behavior as either male or female, although the same may not correspond to the individual's body or gender assigned at birth."
• Sexual orientation - "the actual or perceived status of a person with respect to his or her sexuality."

Houston has now joined other Texas cities that already have antidiscrimination provisions in effect, such as Austin, Dallas, El Paso, Fort Worth and San Antonio. Municipalities in other states, such as Phoenix and Philadelphia, have recently enacted similar measures. Sexual orientation and gender identity are not yet protected under federal law.