San Antonio – EDITOR’S NOTE: A previous version of this story and the video misstated the name of the next committee that will consider the issue. It is the Community Health, Environment & Culture Committee, not the Community Health & Equity Committee.
A proposal to expand the city’s non-discrimination ordinance to cover private employers appears to be taking a different form a year later.
District 2 Councilman Jalen McKee-Rodriguez submitted a council consideration request (CCR) in October 2021 to expand the city’s existing NDO to cover private businesses with 15 or more employees as well as contract employment. The NDO currently protects people from discrimination in the areas of city employment, city contracts and subcontracts, appointments to Boards and Commissions, housing, and public accommodation.
On Wednesday, nearly a full year later, First Assistant City Attorney Elizabeth Provencio presented city staff’s recommendations on how to proceed to the council’s Governance Committee.
The Community Health, Environment & Culture Committee should consider the creation of a Human Rights Commission, staff recommended, and discuss whether to add neighborhood associations to the entities covered by the NDO.
However, the city staff recommendations made no mention of the increased penalties McKee-Rodriguez had proposed in his original CCR, and staff only recommended considering “know-your-rights” resources for equal employment opportunities.
Provencio told KSAT after the meeting the overarching goal of the NDO is “compliance.”
“There are state and federal laws that protect in the employment context that are going to have more meaningful recovery for an employee,” she said. “And so the city’s role is really just to help build an awareness and capacity between employers and employees.”
McKee-Rodriguez said the exact language would be sorted out in the Community Health, Environment & Culture Committee before going to the full city council.
“I think one of the goals is to reflect the protections that exist federally. So federally there is protections that impact employers 15 or greater, which was my intent of the CCR. So ideally, we name that in the NDO,” McKee-Rodriguez said.
When McKee-Rodriguez first proposed his CCR, he faced resistance from the city’s business community - though, the LGBT Chamber of Commerce supported him.
Once further discussions begin with the Community Health, Environment & Culture Committee, the District 2 councilman believes some of those concerns will be eased.
“We’re not talking about any additional fines, penalties, none of that. We’re talking about support for complainants. And if we’re talking about making San Antonio a community that is business-friendly, that’s a part of it,” he said.
City staff also recommended the city commit to reviewing the ordinance every five years.