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M ediation M arch
One year after a state judge refused to hear a discrimination claim,
another avenue of redress opens in the Rose City by Inga S o ren sen
PHOTO BY UNDA KLIEWER
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503 233-4363
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T h e Portland City Council approved the mediation program in late July
•
“ ' hink you were fired because of your
sexual orientation? Perhaps you
believe you were passed over for a
promotion because you are gay, les-
JL
bian, bisexual— or yes, even het
erosexual. Are you an employer who wants to
foster an environment that is gay-friendly? You
now may have a place to turn.
T he city of Portlands new mediation pro
gram—-designed to help settle disputes involv
ing those who feel they may have been discrim
inated against due to their sexual orientation—
is up and running.
In late July, the Portland City Council unan
imously approved the one-year, $50,000 media
tion pilot program. During a hearing immedi
ately prior to the vote, several people testified in
favor of the move; no one spoke against it. The
free program was opened for business effective
O ct. 1.
According to mediator Mary Forst of Mary
Forst Associates, a team of mediators is poised to
handle an array of conflict-resolution situations.
“Maybe a person has already been fired and
is seeking justice, or perhaps an employer wants
to prevent such a situation from ever arising,”
she explains. “This program may be able to help
with the preventative and the after-the-fact sit
uations,” she says.
Mediation proponents also contend the
negotiation technique can sometimes lead to
“creative solutions,” as well as promote under
standing of varying viewpoints in a safe, confi
dential setting— and in a way that is less antag
onistic then utilizing the legal system.
It has been a long and laborious path getting
to this point, and it is a path still being paved.
Nearly seven years ago, the city commissioners
unanimously approved an ordinance barring dis
crimination based on sexual orientation in
employment, housing and public accommoda
tions. In September 1997, however, a Multnom
ah County circuit judge declared a vital compo
nent of the measure invalid, obliterating the
section that permitted individual citizens to
enforce their rights under the ordinance in state
court. In a crisp, one-sentence finding, Judge
Pro Tern Monte Bricker wrote: “I find that the
city of Portland has no authority to confer by
ordinance access to Circuit Court by a private
party."
T he ruling stemmed from a case involving
Besaw’s Cafe, 2301 N.W. Savier St. in Portland,
and plaintiff David Sims, who claims he was
fired from his job as a Besaw’s cook because he is
gay— a charge Besaw’s owners, Richard and Geri
Beasley, have publicly denied.
In his ruling, Bricker did not consider the
merits of that particular case, but instead agreed
with the argument served by the defendants’
attorney, Charles Camese, who said Sims had
no right to take a city matter to a state court.
Under the judge’s ruling, those who feel
they’ve been discriminated against on the basis
of sexual orientation have no recourse in the
courts, because sexual orientation is not a pro
tected category under current state or federal
civil rights laws. (People are covered on the
basis of many other factors, including race, gen
der, national origin, religion and age.)
Under state law, those claiming discrimina
tion may use two methods to enforce their
rights: They may make their case to the Oregon
Bureau of Labor and Industries, and/or may
exercise an independent right of access to the
courts to directly enforce their rights.
W hile the ordinance still stands, Bricker’s
decision disposes of one of the two enforcement
avenues for cases involving sexual orientation.
Thus, a person claiming age discrimination
within the city of Portland, for example, has an
ability to enforce his or her rights at an agency
level or in court. A gay or lesbian person suffer
ing the same discrimination now only has
redress through the agency process.
T he city is appealing the decision, but in the
interim attempted to find a way to address dis
crimination claims, hence the creation of the
mediation program. Participation in mediation
is voluntary, and the identities of the involved
parties will remain confidential. All of the par
ties must agree on the mediator.
Though some politicians and community
members have conceded it is far from a perfect
solution, they note it’s better than nothing.
Still, during the July 22 council meeting,
Mayor Vera Katz and Commissioner Erik Sten
were among those who commented on how
they would like to see state and federal lawmak
ers approve anti-discrimination laws; if legisla
tors previously had, they said, Portland’s ordi
nance wouldn’t be in such a precarious position.
■ To access the city o f Portland’s new MEDIATION
PROGRAM, call 274-9886. The program is free, and
callers may remain anonymous if they choose.
sstandarddavis@msn. com
A p p o in tm en ts at
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Office
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