aprii IB. 2003
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Commissioner promises crackdown on workplace discrimination
by Jim Radosta
he sexual minorities commu
nity has a strong ally in Labor
Commissioner Dan Gardner,
who will deliver the keynote
speech April 22 at the Orego
nians Against Discrimination Luncheon.
T he annual fund-raiser benefits Basic
Rights Oregon’s Fair Workplace Project,
which plays host to forums for human
resources professionals, provides informa
tion and training to expand nondiscrimina
tion policies that include gender identity
and educates workplaces on the advantages
of providing domestic partnership benefits.
Gardner spoke with Just Out about the
hard line that the Oregon Bureau of Labor
and Industries will he taking during his
tenure. Here are some excerpts from the
conversation.
T
Jim Radosta: You mentioned at your
swearing-in ceremony Jan. 13 that you
would enforce “zero tolerance” for
workplace discrimination on the basis of
sexual orientation. Do you think previ
ous labor commissioners have not taken
as strong a stance in protecting queer
Oregonians on the job?
Dan Gardner: I believe BOLI in the Labor Commissioner Dan Gardner will speak April 22
prior administration had a history of not at the Oregonians Against Discrimination Luncheon
enforcing as strongly as they could have. We
have contracts with the city of Salem, with Mult plc remember very well that [Republicans! Chuck
nomah County, with the city of Portland and o th Carpenter and Jim Hill joined the 29 Democrats
ers on ordinances that they have on gender iden at the time to try and force that bill to the floor of
tity. And the previous administrations attitude
the House. We shut down the Legislature for a
was that they only wanted to enforce those con day and a half over that. We finally did bring a
tracts to the standard of the state law. I actually
hill to the House floor, and it passed 40-20, only
have already sat in on meetings with Multnomah
to he killed in the Senate, unfortunately.
County, the city of Portland and signed a contract
But I absolutely support the hill...and when
with the city of Salem to fully implement enforce
it comes up for hearing, I will he there to testify
ment of those ordinances for those municipalities.
in favor of it.
JR: I’m curious how BOLI responds to
complaints about sexual orientation discrimi
nation claims that aren't being handled proper
ly. How were they handled previously, and
how to you plan on handling them differently
under your watch?
DG: My predecessor, Jack Roberts, wouldn’t
even take sexual orientation claims because it
wasn’t a protected class under the constitution.
That has been and, at the moment, still is the pol
icy. Right now I’m exploring with the attorney
general’s office how far we can go with the Tanner
[vs. Oregon Health Sciences University] decision.
[The 1998 landmark ruling by the Oregon Court
of Appeals ordered that employment benefits he
given to both married and same-sex couples.)
I think the difference between the previous
administration and my administration is they
were never willing even to have the conversa
tion or look at how far you could push the Tan
ner decision, hut we are. T h a t’s exactly what I
promised [lesbian plaintiffl Christine Tanner
when I met with her during my campaign and
asked her to endorse me.
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JR: Senate Bill 786 would ban discrimination
on the basis of sexual orientation and gender
identity in employment, housing, public accom
modation, public assistance and education. Is
your office actively pushing for its passage?
D G : We’re drafting a letter...of support of
that particular hill. I think my position on th at’s
been absolutely clear since my first session in
1997, when I voted for that. I’m sure a lot of peo-
JR: Have you had any personal or profes
sional experiences that gave you this drive to
eliminate workplace discrimination across the
board?
DG: O ne of my brothers is gay, and we have
talked many times about the harriers that are out
there...and that it seems like, as a society, it was
acceptable in parts of the country in the ’60s to dis
criminate against people of color and how that’s
change in a lot of ways and has some ways to go.
But...gay, lesbian and transgender is a class
in society that seems to he, to some degree,
socially acceptable to discriminate against. It’s
always been my belief it’s not socially acceptable
to discriminate against anyone for any reason.
We’ve also talked about relationships and
how I don’t personally see any difference between
his relationship of over 23 years with his partner
and anyone’s marriage of 23 years, other than one
is legal and totally socially accepted and one is
not legally accepted and, to some degree among
some segments of society, not socially acceptable.
O f course, I also personally find that the largest
group that doesn’t find it socially acceptable
seems to he the most ardent believers of the Bible
and are very selective on which passages they
believe in and which ones they don’t. JP1
The 10th annual OREGONIANS AGAINST
D iscrim in atio n L uncheon will be held from
noon to I p.m. April 22 at the Hilton Hotel,
921 S.W. Sixth Ave. Registration begins at
11:30 a m. To purchase tickets, which cost $50 a
person, call CM Hall at 503-222-6151.