Resolution 194-2019 Commissioner Heather Carruthers
RESOLUTION NO. 194 -2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
SUPPORTING EMPLOYEES STEPHENS, ZARDA, AND
BOSTOCK ARGUING ANTI-LGBT DISCRIMINATION IS A
FORM OF SEX DISCRIMINATION THAT VIOLATES
FEDERAL LAW IN PENDING U.S. SUPREME COURT CASE
NOS. 17-1618, 17-1623, 18-107 AND APPROVING THE AMICI
CURIAE BRIEF OF LOCAL GOVERNMENTS AND MAYORS
IN SUPPORT OF THE EMPLOYEES.
WHEREAS, the U.S. Supreme Court decided to take up three cases that could decide
whether federal nondiscrimination laws apply to Lesbian, Gay,Bisexual and Transgender(LGBT)
people: R.G. & G.R. Harris Funeral Homes v. EEOC and Aimee Stephens and Bostock v. Clayton
County, consolidated with Altitude Express, Inc. v. Zarda (Case Nos. 17-1618, 17-1623, and 18-
107); and
WHEREAS, in R.G. & G.R. HARRIS FUNERAL HOMES v. EEOC and AIMEE
STEPHENS, Aimee Stephens worked as a funeral director at R.G. & G.R. Harris Funeral Homes.
When she informed the funeral home's owner that she is transgender and planned to come to work
as the woman she is, the business owner fired her, saying it would be "unacceptable" for her to
appear and behave as a woman. The Sixth Circuit Court of Appeals ruled in March 2018 that when
the fiuzeral home fired her for being transgender and departing from sex stereotypes, it violated
Title VII, the federal law prohibiting sex discrimination in employment; and
WHEREAS, in ALTITUDE EXPRESS INC. v. ZARDA, Donald Zarda, a skydiving
instructor, was fired from his job because of his sexual orientation: A federal trial court rejected
his discrimination claim, saying that the Civil Rights Act does not protect him from losing his job
for being a gay man. In February 2018, the full Second Circuit Court of Appeals ruled that i
discrimination based on sexual orientation is a form of discrimination based on sex that is
prohibited under Title VII. The court recognized that when a lesbian, gay, or bisexual person is
treated differently because of discomfort or disapproval that they are attracted to people of the
same sex,that's discrimination based on sex; and
WHEREAS, in BOSTOCK v. CLAYTON COUNTY, Gerald Lynn Bostock was fired from
his job as a county child welfare services coordinator when his employer learned he is gay. In May
2018, the Eleventh Circuit Court of Appeals refused to reconsider a 1979 decision wrongly
excluding sexual orientation discrimination from coverage under Title VII's ban on sex
discrimination, and denied his appeal.; and
WHEREAS, the U.S. Supreme Court will hear oral arguments in the case on October 8,
2019; and
Page 1 of 3
Commissioner Heather Carruthers
WHEREAS, on July 3, 2019, 66 cities, town, and counties, as well as 28 mayors,
representing more than 25 million Americans across the county filed an Amici Curiae brief in
support of the employees arguing (a) local experience shows that prohibiting all forms of sex-
based discrimination benefits the entire community; (b) non-discrimination laws and policies
enhance amici's operations; (c) communities nationwide have benefitted from such anti-
discrimination protections; and (d) workplace discrimination—including sex discrimination
against LGBT people—harms local governments (Amici Curiae brief accessible online at
https://www.supremecourt.gov/DocketPDF/17/17-
1618/106983/20190703123205642 171618%201623%2018107%20tsac%20Local%20
Governments%20and%20Mayors.pdf); and
WHEREAS, the Board agrees with the Amici Curiae brief of the local governments and
would have joined in the brief if it had been asked to do so; and
WHEREAS, Monroe County has banned workplace discrimination on the basis of"race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age" since adoption of the Monroe County Human Rights Ordinance
in 2001. That ordinance is currently codified at Section 14-41 of the Monroe County Code.; and
WHEREAS, Monroe County is proud of its anti-discrimination policies explicitly
addressing sexual-orientation and gender identity, and its efforts to support a diverse and fair
workplace and finds that such policies and efforts have enriched the local community; and
WHEREAS, the Board agrees that anti-LGBTQ discrimination is a form of sex
discrimination that violates federal law; and
WHEREAS, the Board encourages the U.S. Congress to pass the Equality Act, which
would provide clear, comprehensive protection for LGBTQ people across key areas of life,
including employment, housing, credit, education, public spaces and services, federally-funded
programs and jury service;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The recitals set forth above are incorporated by reference herein as findings by the
Board.
Section 2. The U.S. Supreme Court is urged to rule in favor of the LGBT employees and find
that anti-LGBT discrimination is a form of sex discrimination that violates federal
law.
Section 3. The U.S. Congress is urged to pass the Equality Act, expressly making it unlawful
to discriminate on the basis of sexual orientation and gender identity.
Page 2 of 3
Commissioner Heather Carruthers
Section 4. The Clerk is directed to send copies of this resolution to:
Senator Rick Scott
United States Senate
716 Senate Hart Office Building
Washington, DC 20510
Senator Marco Rubio
United States Senate
284 Russell Senate Office Building
Washington, DC 20510
Representative Debbie Mucarsel-Powell CAM .
United States House of Representatives c : y
114 Cannon HOB
Washington, DC 20515 ``='c, `
Supreme Court of the United States
1 First Street,NE _
Washington, DC 20543 .9 w:;:
Danielle L. Goldstein, Esq.
Office of the Los Angeles City Attorney
200 N. Main Street, 7th Fl.
Los Angeles, CA 90012
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17th day of July, 2019.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Danny Kolhage Yes
' Commissioner Michelle Coldiron Yes
Commissioner Heather Carruthers Yes
Commissioner David Rice Yes
'- l: BOARD OF COUNTY COMMISSIONERS
OF�� OF MONR�' CO , FLO DA
M
r BY:
_ j ` / ayor Sylvia Murphy
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ATTEST: KEVIN MADOK, CLERK N{ONROE C UNTY ATTORNEY
By: TA-.4)4.4.4-,-.%--ec AppR TO
Deputy Clerk B SSHHIWNOER,JR.
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Page 3 of 3
OV�S cAURT+
`'P'°""`°"`O `.•.O Kevin Madok, CPA
K:•
'•ROE Clerk of the Circuit Court& Comptroller—Monroe County, Florida
ooUN
July 18, 2019
Honorable Senator Rick Scott
United States Senate
716 Senate Hart Office Building
Washington DC 20510
Honorable Senator Rick Scott,
Attached is a copy of Resolution No. 194-2019 supporting employees Stephens, Zarda and
Bostock arguing anti-LGBT discrimination is a form of sex discrimination that violates federal law
in pending U.S. Supreme Court Case Nos. 17-1618, 17-1623, 18-107 and approving the Amici
Curiae Brief of Local Governments and Mayors in support of the employees.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 17, 2019. Should you have any questions, please
feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and ex-officio to the
Monroe County Board of County
Commissioners
By.• Pamela G. Hancock, D.C.
cc: File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
GV.Z GOURIQ`1I
Kevin Madok, CPA
fo•.�` PA!" Clerk of the Circuit Court&Comptroller—Monroe County, Florida
July 19, 2019
Honorable Senator Marco Rubio
United States Senate
284 Russell Senate Office Building
Washington DC 20510
Honorable Senator Marco Rubio,
Attached is a copy of Resolution No. 194-2019 supporting employees Stephens, Zarda and
Bostock arguing anti-LGBT discrimination is a form of sex discrimination that violates federal law
in pending U.S. Supreme Court Case Nos. 17-1618, 17-1623, 18-107 and approving the Amici
Curiae Brief of Local Governments and Mayors in support of the employees.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 17, 2019. Should you have any questions, please
feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and ex-of icio to the
Monroe County Board of County
Commissioners
By.• Pamela G. Hancock, D.C.
cc: File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
.t6O Rra`�I
Jp.5° ‘" 's, Kevin Madok, CPA
q' o ,y' Clerk of the Circuit Court&Comptroller—Monroe County, Florida
July 19, 2019
Honorable Representative Debbie Mucarsel-Powell
United States House of Representatives
114 Canon House Office Building
Washington DC 20515
Honorable Representative Debbie Mucarsel-Powell,
Attached is a copy of Resolution No. 194-2019 supporting employees Stephens, Zarda and
Bostock arguing anti-LGBT discrimination is a form of sex discrimination that violates federal law
in pending U.S. Supreme Court Case Nos. 17-1618, 17-1623, 18-107 and approving the Amici
Curiae Brief of Local Governments and Mayors in support of the employees.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 17, 2019. Should you have any questions, please
feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
ASS OOURI
�°°°'``�`''�, Kevin Madok, CPA
.= .= Clerk of the Circuit Court&Comptroller—Monroe County, Florida
July 19, 2019
Supreme Court of the United States
1 First Street NE
Washington DC 20543
To Whom It May Concern,
Attached is a copy of Resolution No. 194-2019 supporting employees Stephens,Zarda and
Bostock arguing anti-LGBT discrimination is a form of sex discrimination that violates federal law
in pending U.S. Supreme Court Case Nos. 17-1618, 17-1623, 18-107 and approving the Amici
Curiae Brief of Local Governments and Mayors in support of the employees.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 17, 2019. Should you have any questions, please
feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
P�JR COURTQ
Kevin Madok, CPA
;o ...... Clerk of the Circuit Court&Comptroller— Monroe County, Florida
ROE cow
64.
July 19, 2019
Danielle L. Goldstein, Esquire
Office of the Los Angeles City Attorney
200 N Main Street 7th Floor
Los Angeles CA 90012
Dear Ms. Goldstein
Attached is a copy of Resolution No. 194-2019 supporting employees Stephens, Zarda and
Bostock arguing anti-LGBT discrimination is a form of sex discrimination that violates federal law
in pending U.S. Supreme Court Case Nos. 17-1618, 17-1623, 18-107 and approving the Amici
Curiae Brief of Local Governments and Mayors in support of the employees.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 17, 2019. Should you have any questions, please
feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145