Gay rights protections revisited

Fourteen years ago, the Hillsborough County Commission voted to strip gay rights protections out of the county's human rights ordinance.

The issue created a deep rift in the community and left the county's gay population angry and demoralized.

Now, the county's openly gay commissioner is promising to revisit the issue.

Kevin Beckner asked Wednesday for a review of county employment policies prohibiting harassment. The policies include women and blacks but not sexual orientation as "protected categories." He said he will push to spell out the types of harassment that should be prohibited under a new board policy.

Beckner said his purpose is twofold: to make sure every county employee is treated fairly, equally and with dignity and to avoid another lawsuit like the one filed against Commissioner Kevin White by a former aide who said White sexually harassed her.

In the White trial, the judge held that the county jointly was liable for White's actions because the county had no policies in place to protect commissioner's aides from being harassed.

"If it's apparent those policies are not all-inclusive and don't protect taxpayers, I will bring forth alternate policies for the board to consider," Beckner said.

Beckner was challenged by Commissioner Jim Norman, who voted to pull the gay rights plank out of the human rights ordinance in May 1995. Norman said Beckner was seeking to overturn that vote without holding public hearings, as would be required for changing an ordinance.

"We need to be open and honest about what we're doing," Norman said. "Instead of us trying to play games about it and skirt the word, let's be honest with our constituents."

Beckner said he doesn't want to change the ordinance, which applies to all county residents. His focus is on changing the board's policies on harassment and discrimination affecting employees. Changing county employment policies does not require a public hearing.

Commissioner Mark Sharpe said he would not vote for any deviation from federal law. The county's discrimination policy is based on the 1974 Civil Rights Act, said County Attorney Renee Lee. It does not include sexual orientation as defining a specially protected group of people who can go to federal court to have their rights enforced.

"I struggle when we start down the enumeration line," Sharpe said. "We're going to begin to enumerate who we protect, which then leaves into question those not enumerated that then maybe feel they're less than special because they were left out."

The commission voted unanimously for a motion to have the county attorney research how the board's harassment and discrimination policies differ from county policy.

That report is due Dec. 2. Beckner said he will propose changes at the subsequent meeting, on Dec. 16, including adding sexual harassment and gender identification as protected classes under board policy.