Council Approves Workplace Nondiscrimination Measure

“My career at the city has been marked by discrimination, harassment, and retaliation,” said Sarah Fusco, a city employee since 2007, before Council on Thursday, March 25.

Fusco recounted her former employer asking, “Do you know how pretty you are?” at the end of a job interview. When her response didn’t meet his expectations, the retaliation began.

Her boss surveilled her computer and monitored her walking in and out of the building with photos and video over the course of four years – an invasion of privacy only revealed after she filed a formal complaint with the city’s Human Resources Department. She was denied a promotion twice while seeing male counterparts rise above her and placed on administrative leave after her work situation drove her to sickness. While her boss eventually retired, employees loyal to him retaliated, leading Fusco to hire an attorney and file a complaint with the U.S. Equal Employment Opportunity Commission. “I’m just trying not be afraid anyone,” she said.

Fusco’s troubling story of workplace discrimination at the city of Austin was one of many heard during this week’s Council meeting. Employees – some speaking on behalf of women who wish to remain anonymous – took turns at the podium recalling startling instances of gender bias, harassment, and lack of effective recourse from the city’s HR department. Several women noted that their public candor could very well end in retribution when they get back to their desks. The testimony painted a picture of a broken and inequitable system that has not only severely curtailed women’s ability to ascend in their careers but has left them feeling disrespected and humiliated.

All of the 86 citizens who signed up (some donating time to others or wishing not to speak) were in favor of Mayor Pro Tem Kathie Tovo’s resolution to review and help strengthen the city’s discrimination complaint policies (Item 14). Born from recommendations from the city’s Human Rights Commission and last year’s sexist training session geared toward handling a woman-majority council, the resolution requests the city manager study all the anti-discrimination policies and, by June 30, update definitions of discrimination, harassment, and retaliation, and create an anonymous complaint process. Tovo also requests an external audit to review investigations of alleged discrimination, harassment, and retaliation filed between 2010 and 2015 (due Sept. 30). It additionally calls for a third-party appeals process for cases involving allegations when an employee is dissatisfied with the city's standard process. CM Ellen Troxclair, who said she wanted more data and best practices from other cities before selecting an independent review body, asked that the first two items be separated for a vote – all CMs (with D10’s Sherri Gallo out on city business) voted to pass. The appeals process items passed with Troxclair abstaining and Zimmerman voting against.

As it stands, employees can take up complaints with the Texas Workforce Commission, EEOC (costly as employees need to hire an attorney), or with HR – an ineffective route for many who spoke. Delays in response time, inaccurate reports, or no findings of wrongdoing were among the complaints from speakers. The HR department is “operating under a façade” said a local union representative, relaying testimony for a 10-year city employee under anonymity. After being on the other end of gender and racial discrimination, the employee hired legal representation only to discover HR contacted her attorney to persuade them against representing her claims. “I have never experienced such blatant, discriminatory treatment in any organization,” she said.

In response to the numerous charges leveled at HR, interim human resources director Joya Hayes offered a defensive presentation, reiterating the department’s professionalism, credibility, and reminding Council there are “two sides” to every story. “The Human Resources department … does not have the same capacity to come before you to provide the other side to the stories and present the facts we’ve had in those cases. I say this not to discredit the people that have come before you but to remind you there is another side to each instance …” said Hayes. While HR supports a review of the policies and an external audit, they echoed their concerns expressed in a recent memo to Tovo about expanding the role of the Municipal Civil Service Commission to handle complaint appeals, questioning whether the city charter allows the MCSC’s duties to be widened. However, Tovo’s resolution states that the charter allows civil service rules to be amended if it goes through the proper channels.

“When we hear concerns we should absolutely know there are two sides to every story and we are not evaluating all of the details,” said Tovo. “But I believe we have an obligation as council members to listen to those stories and experiences and to evaluate whether our existing processes can be improved.”

Before a vote was cast, resolution co-sponsor Delia Garza, who started her city career at the Austin Fire Department in 2001, recalled her own experiences with gender discrimination: A fire cadet training session leader made clear to her and her colleagues he didn’t believe women should be firefighters. “These are cultural issues that aren’t new for many women,” said Garza. “We’ve been facing these circumstances throughout our careers.”

In other Council news:

- Residential electricity customers will see an 11.3% drop (3.139 cents to 2.783 cents per kWh) for an average savings of $3.56 a month starting in April, Mayor Steve Adler announced via press release. "This won't solve all the world's problems, but saving $3.56 a month sure isn't bad news,” said Adler spokesperson, Jason Stanford.

- Council received a presentation and update on the Beyond Traffic Smart City Challenge, a contest for a $50 million federal transportation grant. The challenge is meant to improve the city’s mobility using “smart and automated technology” to give residents the chance to travel safer, cheaper, and cleaner. Austin is one of seven finalists in the competition; a full proposal is due to U.S. DOT in May and we’ll know if Austin won by mid June. (You can check out the plan here.)

- Item 18: Council approved a resolution directing the City Manager to prepare a report about the impact of reducing Austin Energy's transfers to the General Fund and the Economic Development Fund.

- Item 21: Postponed from Feb. 25, Council approved an ordinance amending the naming or renaming of park features (like plaques etc.) in city code, granting more opportunities to commemorate without renaming the entire park. However, the resolution devotes higher standards to the qualifications of naming a park facility after a person.

- Council postponed Item 10 for April 7: The ordinance would amend the process for public comment at city council and committee meetings – an ongoing issue for the new 10-1 Council.

- Item 53: Council passed a resolution for the use of Lady Bird Lake at Auditorium Shores Park, Butler Park, Shoal Beach Park, Duncan Park, and Republic Square Park for permanent reclaimed water transmission and distribution main use for construction related to a portion of the Main to Junction 420 (Downtown Area) project.

- D1 Council Member Ora Houston kicked things off on a light note with a Happy Birthday serenade to Adler, who celebrated his birthday on Wednesday, March 23. Happy Belated!