JUNE 24, 1994

GAY PEOPLE'S CHRONICLE 3

Fired for being gay?

New Cleveland ordinance provides redress

by Wally Mueller

In March 1994, a Cleveland ordinance became effective which amended Cleveland's Fair Employment Practices laws to prohibit employment discrimination based on a person's "sexual orientation." The ordinance defines "sexual orientation" as "a person's actual or perceived homosexuality, bisexuality or heterosexuality, by orientation or practice, by and between consenting adults."

[The Cleveland ordinance also covers housing, 'ethnic intimidation,' and some public accomodations.]

An employer with four or more employees in Cleveland cannot discriminate against a person based on his or her sexual orientation with regard to hire, discharge, tenure, promotion, terms ands conditions of employment or union membership.

Under the Fair Employment Practices ordinance, an aggrieved party can file a complaint with the Community Relations Board. If the board cannot conciliate the dispute, it may certify the dispute to the mayor. If the mayor is unable to conciliate the dispute within 30 days, the board must hold a public hearing on the complaint.

After the hearing, the board can issue an order directing the employer to cease the discriminatory employment practice. If the employer does not comply with the order, the board can certify the noncompliance to the city law director. The penalty for violating Cleveland's Fair Employment Practices ordinance is not more than $1,000 and imprisonment for no more than 30 days.

Up until recently, because the Cleveland ordinance was very similar to the Ohio civil rights law, the Cleveland board referred all complaints of employment discrimination to the Ohio Civil Rights Commission. The Cleveland board has never held a public hearing on an employment discrimination matter. In light of the fact that Ohio law does not

prohibit employment discrimination based on sexual orientation, it is not known how the board will handle these complaints, since it can no longer simply refer them to the state agency. For example, based on the wording of the ordinance, it does not appear that an aggrieved party can be reinstated or receive back pay and benefits.

However, based on the reasoning of a 1990 Ohio Supreme Court case, a victim of sexual orientation discrimination in Cleveland may be able to bring a civil lawsuit for discharge in violation of public policy and receive reinstatement or back pay and benefits.

In the Ohio Supreme Court case, an employee was terminated because he had courtordered child support payments deducted from his paycheck. The wage-assignment laws prohibit an employer from discharging an employee who has wages assigned, however, the penalty in the statute was limited to a $500 fine. There was no specific provision allowing the individual to seek reinstatement or back pay and benefits.

The Ohio Supreme Court concluded that it could not condone an employer violating a statute without giving an employee the right to seek redress in court. It stated that an employer could no longer discharge an employee where the discharge is in violation of a statute. The court recognized that there may be sources of "public policy" other than state statutes. So, although the Cleveland law is an ordinance and not a state statute, an individual should still be able to seek redress for violations in the court.

If an individual feels that he or she has been discriminated against based on sexual orientation, discussing the situation with an attorney may be the best first step to take in seeking a just and equitable resolution of the problem. ✓

Wally Mueller is a Cleveland attorney handling employment disputes and discrimination claims.

Piano concert benefits AIDS task force

Akron pianist Eric Helmuth will perform a recital to benefit the Northeast Ohio Task Force on AIDS (NEOTFA) on Friday, July 8 at 8:00 p.m. The event, co-sponsored by the University of Akron New Music Group and Unity Chapel of Light, will feature a program of piano music by American composers. The concert will be held at Unity Chapel of Light, 503 Northwest Avenue in Tallmadge.

The program includes piano works by Gershwin, Copland, Rorem, Leonard Bernstein and local composer Roger Zahab.

University of Akron School of Music faculty member Richard Shirey will perform with Helmuth in Souvenirs, a two-pianist work by Samuel Barber inspired by the popular music of the 1920s.

Net proceeds from the event will go to NEOTFA, which provides AIDS prevention and education to the public, as well as support services to persons living with HIV/ AIDS. Tickets, priced $7 in advance and $9 at the door, are available by calling NEOTFA at 375-2000.

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