Item L4 L.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: L.4
Agenda Item Summary #5806
BULK ITEM: No DEPARTMENT: BOCC District 3
TIME APPROXIMATE: STAFF CONTACT: Heather Carruthers (305) 292-3430
n/a
AGENDA ITEM WORDING: Approval of a resolution expressing the Monroe County
Commission's support for the Brief of Local Governments and Mayors as Amici Curiae in Support
of the Employees in the matters of Gerald Bostock v. Clayton County, Georgia, et al (Altitude
Express, Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes v. EEOC and Aimie Stephens), in the
Supreme Court of the United States.
ITEM BACKGROUND: The Supreme Court of the United States has agreed to consider three
employment discrimination cases brought by gay and transgendered employees under Title VII of
the Civil Rights Act. Oral argument is scheduled for October 8, 2019.
Mr. Bostick was employed by Clayton County, Georgia as a Child Welfare Services coordinator.
After 10 years of nationally recognized service, Mr. Bostick was fired for"conduct unbecoming"
when his sexual orientation and identification were brought to light by his participation in a gay
recreational softball league. Mr. Bostock filed suit under Title VII of the Civil Rights Act alleging
discrimination on the basis of sex, sexual orientation, and failure to conform to gender stereotypes.
His complaint was dismissed by the District Court citing binding precedent of the 1 ld' Circuit, which
had previously ruled that such discrimination was not covered by Title VII. The 1 ld' Circuit
affirmed the trial court's dismissal citing the same precedent.
Mr. Bostock sought review in the US Supreme Court, which agreed to hear the case along with two
cases from other jurisdictions, where the Courts ruled differently: Zarda v. Altitude Express, Inc. (2nd
Circuit—New York) and R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment
Opportunity Commission (61h Circuit - Michigan). In Zarda and Funeral Home cases, the appellate
courts ruled that such discrimination does violate Title VII. The Supreme Court will resolve the
conflicting rulings among the 2nd 61h, and 1 Vh Circuits. Florida is located within the 1 ld'Circuit,
along with Georgia and Alabama.
On July 3, 2019, a group of local governments and mayor filed an amici curiae (friends of the court)
brief in support of Mr. Bostick and the other employees involved in the case. While the time for
signing on to that brief or filing the County's own amicus brief expired that day, the proposed
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resolution expresses support for the position advocated by the fired employees and the local
governments who have supported them. The Local Governments and Mayors' brief in support of the
Employees can be found at:
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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.
PREVIOUS RELEVANT BOCC ACTION: Adopted Ordinances 36-2001, 008-2003, and 012-
2010.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
DOCUMENTATION:
STAMPED BOCC Resolution Supreme Court LGBT Discrimination Case 3 (7 9 19)
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: n/a If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
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L.4
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REVIEWED BY:
Bob Shillinger Completed 07/08/2019 4:54 PM
Carol Schreck Completed 07/09/2019 8:56 AM
Heather Carruthers Completed 07/09/2019 9:05 AM
Kathy Peters Completed 07/09/2019 9:09 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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L.4.a
Commissioner Heather Carruthers
0
RESOLUTION NO. -2019 0
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RESOLUTION H COUNTY
COMMISSIONERS COUNTY, FLORIDA
SUPPORTING EMPLOYEES STEP ENS, ZARDA, AND
BOSTOCK ARGUINGANTI-LGBT DISCRIMINATION IS A S
FORM OF SEX DISCRIMINATION THAT VIOLATES r_
FEDERAL LAW IN PENDING U.S. SUPREME COURT CASE
NOS. 17-18, 17-162 , 18-17 AND APPROVINGICI
CURIAE BRIEF OF LOCALV N S
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) 3
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
in R.G. & G.R. HARRIS FUNERAL HOMES v. EE0C and AI EE
cc
STE,PHENS, 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 funeral home fired her for being transgender and departing from sex stereotypes, it violated
Title VII,the federal law prohibiting sex discrimination in employment; and M
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 Fights 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
discrimination. based on sexual orientation is a form of discrimination based on sex that is E
prohibited. render 'Title VH, 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 co
same sex,that's discrimination based on sex.; and
WHEREAS,"AS, in.BOSTOC K v. C,LAYTON COUNTY,, Gerald.Lynn Bostock was fired from U)
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 0
excluding sexual orientation discrimination ff°om coverage under Title VII's ban on sex
discrimination, and denied his appeal.; and
WHERE AS, the 1J.S. Supreme Court: will hear oral arguments in the case on October 8,
2019; and co
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Commissioner Heather Carruthers
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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 0
support of the employees arguing (a) local experience shows that prohibiting all forms of sex- 4-
0
based discrimination benefits the entire community; (b) non-discrimination laws and policies t
0
enhance amici's operations; (c) communities nationwide have beriefitted from such anti-
discrimination protections; and (d) workplace discrimination---including sex discrimination
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against 1,GBT people-- _ha nns local governments (Amici Curiae brief accessible online at S
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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
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2A
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
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WHEREAS, the Board agrees that anti-LGBTQ discrimination is a form of sex E
discrimination that violates federal law; and
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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-Rmded
programs and jury service; 0
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY E
2
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. The recitals set forth above are incorporated by reference herein as findings by the .2
Board.
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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
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law.
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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.
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Commissioner Heather Carruthers
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Section 4. The Clerk is directed to send copies of this resolution to:
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Senator Rick Scott
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United States Senate t
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716 Senate Hart Office Building
Washington, DC 20510
S
Senator Marco Rubio r_
United States Senate .2
284 Russell Senate Office Building 0
Washington, DC 20510
Representative Debbie Mucarsel-Powell
United States House of Representatives
114 Cannon HOB .22
Washington, DC 20515
Supreme Court of the United States
I First Street,NE
Washington, DC 20543
U)
Danielle L. Goldstein, Esq.
Office of the Los Angeles City Attorney
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200 N. Main Street, 7th Fl.
Los Angeles, CA 90012
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17 h day of July, 2019.
Mayor Sylvia Murphy
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Mayor Pro Tem any Kolhage
Commissioner Michelle Coldiron E
Commissioner Heather Carruthers 2
Commissioner David Rice co
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.2
BOARD OF COUNTY COMMISSIONERS 0
OF MONROE COUNTY, FLORIDA
BY:
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Mayor Sylvia Murphy
(SEAL) w
a.
ATTEST: KEVI N MADOK, CLERK
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By:
Deputy Clerk
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