Gays cut from anti-bias policy

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Gays cut from anti-bias policy

Change for state workers comes on Diversity Day

By Deborah Yetter, Louisville Courier-Journal, April 12, 2006

FRANKFORT, Ky. -- Gay state workers and job candidates have lost anti-discrimination protection as a result of an order that Gov. Ernie Fletcher issued yesterday as part of the state's "Diversity Day."

Fletcher replaced the 2003 employment policy of former Gov. Paul Patton with one that bans employment discrimination because of "race, color, national origin, sex, age, religion, veteran status and disability."

It makes no mention of sexual orientation.

Patton's policy included protections based on sexual orientation and gender identity.

Ryan LaFollette, 26, a gay state worker in Louisville, said the Patton policy was one reason he applied to become a researcher for the Kentucky Commission on Human Rights.

"I just started working for state government six months ago,'' LaFollette said. "In hiring and firing, I knew I would be protected."

The new policy "doesn't protect me," said LaFollette, who said he was speaking personally and not on behalf of his agency.

It also drew criticism from some lawmakers, including Sen. Ernesto Scorsone, D-Lexington, who is gay and said the policy amounts to "open season on gay state employees."

But Fletcher spokesman Brett Hall said the governor has no intent to discriminate against gay workers. Rather, the new order mirrors federal affirmative action policy and is meant to prohibit all discrimination, he said.

"This is in no way to discriminate against anyone," Hall said.

Hall said the administration was concerned that the Patton policy on sexual orientation was too broad and extended to others, such as transgender people.

That caused a dispute at the state Environmental and Public Protection Cabinet over which restroom an employee undergoing a sex change should use, he said.

"These types of special privileges are not only difficult to comply with, but it's very expensive," Hall said, saying it could lead to lawsuits or require the state to build additional restrooms.

Mark York, a spokesman for the environmental cabinet, said a question arose last year about which restroom a transgender employee should use, but it was resolved by setting aside a particular restroom for the worker.

"We were able to work something out to everyone's satisfaction," he said.

In an interview, Patton said yesterday he decided to adopt the policy in the final days of his administration to ensure that employees were evaluated strictly on their ability to do the job.

"We just wanted to be sure that Kentucky government was sensitive to all Kentucky citizens," Patton said. He declined to comment on Fletcher's decision to rescind it.

Fletcher was running for governor when Patton issued the order. At the time, Fletcher said he opposed discrimination in the workplace, but "I don't think we ought to initiate any special rights."

Some lawmakers object
Several lawmakers criticized the new policy, saying it takes Kentucky backward as some states and major employers extend anti-discrimination policies to include gay and lesbian workers.

Indiana state government prohibits discrimination in hiring, advancement and firing based on sexual orientation and gender identity.

Scorsone predicted the new policy would make gay and lesbian state workers fear disclosing their sexual orientation. And only recently have they begun to feel comfortable about acknowledging their sexual orientation at work through small gestures, such as displaying a photo of a partner on a desk, he said.

Rep. Darryl Owens, D-Louisville, called Fletcher's action "Neanderthal" and said the governor is "taking the state back to the dark ages."

Other lawmakers who joined Scorsone to denounce the new policy were Sens. Gerald Neal, Tim Shaughnessy and Denise Harper Angel, all Louisville Democrats, and Rep. Kathy Stein, D-Lexington.

Political pandering?
Several accused Fletcher, a Republican, of trying to exploit the issue to appeal to conservative voters.

"The governor is obviously playing to his base," Neal said.

Hall rejected that suggestion, saying that was not a consideration.

"I don't know how that plays with the Republican base," he said.

Stein said it was ironic that Fletcher announced the change on a day he dedicated to diversity and said it reminded her of problems that led to the current investigation of his administration's hiring practices.

"How many merit issues does he have to screw up on?" she asked.

Diversity 'gives us strength'
Fletcher's order came as he proclaimed yesterday "Diversity Day in Kentucky.'' In a speech to schoolchildren, he urged them to avoid discrimination.

"It is our diversity that gives us strength," he said.

He said the new policy is designed to improve state hiring of women and minority workers and protect employees from discrimination.

Members of the Kentucky Fairness Alliance, a gay rights organization, attacked the change.

"It's actually a step backward for civil rights because it protects fewer people," said Wes Wright, the coalition's legislative liaison.

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