LGBT COMMUNITY ADDRESS HOUSING HARRASMENT AND DISCRIMINATION

BTW, for all of you NOT in the know, Barack Obama and his cabinet are working with the LGBT communities to address housing discrimination. Check this website for laws against housing discrimination: http://www.dhr.state.ny.us/ FROM A MEMO FOR HUD TRANSITION: Date: February 23, 2009

Memorandum For: Secretary Shaun Donovan

From: HUD GLOBE Working Group Members

Subject: HUD Globe Recommendations on Equal Opportunity for Gay, Lesbian, Bisexual and

Transgender Employees, Recipients and Other Stakeholders

We welcome President Obama, you, and the rest of his administration to Washington. We are long-term employees, committed to the United States Department of Housing and Urban Development’s important mission to facilitate the development of affordable housing and community development, to enforce fair housing, and to initiate research that furthers all of HUD’s programs. We are also members of HUD’s chapter of GLOBE, an organization of gay, lesbian, bisexual and transgender employees of the federal government.

President Obama’s civil rights agenda inspires our hope that lesbian, gay, bisexual and transgender (LGBT) federal employees and citizens will finally achieve equal opportunity and equal treatment in the workplace and beyond. For the full embrace of equality that it offers, we hope that you will enthusiastically support President Obama’s civil rights agenda, which includes expanding hate crimes statutes, supporting full civil unions and federal rights for LGBT couples, and repealing the Defense of Marriage Act and Don’t Ask-Don’t Tell. See attachment 1.

While we all work toward achieving President Obama’s broad civil rights goals for the federal workforce, there are more immediate ways in which the United States Department of Housing and Urban Development (HUD) can begin to actualize the President’s agenda, and to fulfill the promise made in Executive Order 11478, as amended by E.O. 13087, that “it is the policy of the Government of the United States to provide equal opportunity in Federal employment for all persons, to prohibit discrimination in employment because of …sexual orientation…and to promote the full realization of equal employment opportunity through a continuing affirmative program in each executive department and agency.” See attachment 2. While far from comprehensive, this paper identifies some current HUD policies and programs that affect HUD’s lesbian, gay, bisexual and transgender community – which includes employees, recipients and other stakeholders - in discriminatory ways, and suggests steps that the Department can take to provide for equal opportunity and equal treatment, and to value and embrace diversity within the agency and its partners.

This letter has been developed in cooperation and with the assistance of AFGE and NFFE leaders and with the review of interested HUD staff. Widespread support for federal domestic partner policies exists among many sources, including the Federal Regional Council of all federal agencies in Southern California (California has the largest number of federal employees of any state), labor unions, and many other groups and businesses outside government.

We recognize that there are many demands for your attention. Upon review of this letter and accompanying materials, if you believe it would be helpful to have a more comprehensive analysis of the impact of specific HUD policies, programs and practices on HUD’s LGBT community, we would be honored to provide you with whatever assistance you require.

HUD’s Interest in Promoting Equal Opportunity, Equal Treatment and Diversity

Change is essential and will require your attention and leadership in order for HUD to realize the full potential of its staff, and to fulfill its mission and obligations to the public. For instance, the Department’s ability to recruit and retain employees is significantly weakened by the Department’s failure to adequately institute remedies to correct discriminatory actions, inequality in benefits and assignments, and an ongoing Departmental culture that marginalizes the value and contribution of lesbian, gay, bisexual or transgender staff. Furthermore, the Department is vulnerable to challenges that it fails to significantly instruct and monitor grantees, housing authorities and partners regarding nondiscrimination based on sexual orientation.

Although we remain grateful that former Secretary Preston issued a Departmental nondiscrimination statement (discussed below and see attachment 3) regarding sexual orientation which includes reference to LGBT families, the Department’s lack of focus with regard to this civil rights matter has prevented HUD from developing a more fair culture as well as policies that implement the Department’s vision of equal opportunity and equal treatment both among HUD staff, recipients and other stakeholders. The absence of clear and consistent nondiscrimination policies and direction implicitly allows opportunities for discriminatory practices to continue and allows for unequal distribution of HUD’s resources across the nation and in all communities that we serve. Specific examples of this lack of clarity and direction include:

* No clear implementation of the Department’s policy that nontraditional families, including domestic partners, are eligible for public housing and assisted housing programs, senior housing, homeless programs, and for foreclosure programs and disaster assistance intended for families.
* No unambiguous statement that discrimination against LGBT persons in employment or services including homeless programs, community development efforts and fair housing will result in sanctions.
* No outreach to community and faith-based organizations that serve vulnerable LGBT populations similar to the outreach made to other organizations through the Department’s community and faith-based programs.

Full integration of LGBT employees and organizations into HUD’s work and culture through Departmental policies and official participation in events and projects will strengthen the Department’s employee relationships and enhance performance by encouraging a fearless participation in the Department’s missions.

LGBT Employees Contribute to the Department’s Mission

Throughout HUD’s history, lesbian, gay, bisexual, or transgender (LGBT) employees have brought a wealth of skills and understanding to the work of HUD. Increasingly, the experience and knowledge we have gained from working with the LGBT community has made the difference between a HUD program’s success or its failure. For instance, the Housing Opportunities for People with AIDS/HIV (HOPWA) program, originating from work within the LGBT community across the country, later became instituted within HUD.

Lesbian, gay, bisexual and transgender employees have made many contributions to HUD, including providing significant leadership in: the production of affordable housing, programs to assist the homeless, disaster relief, efforts to combat housing discrimination, and efforts to ensure decent, sanitary and safe housing conditions. LGBT leadership in organizations that partner with HUD as grantees, funders and service providers is an integral part of HUD’s capacity to meet its mission and implement its programs.

Equal Opportunity and Access to HUD Programs for LGBT Persons

Poverty, exclusion and lack of visibility characterize many of the populations served by HUD; this is no less true for LGBT persons. HUD can do a better job fulfilling its mission if it explicitly provides support to the LGBT community.

An estimated 20-40 percent of homeless youth are LGBT. The situation is particularly severe for youth aging out of foster care and with scant resources to establish safe housing In its 2007 Report on Hunger and Homelessness in America, the U.S. Conference of Mayors estimated that ten percent of all homeless men and youth identify lack of access to housing due to sexual orientation discrimination as a root cause of their homelessness. The Report indicated that sexual orientation discrimination accounts for one of every ten men and youth who have fallen into homelessness, a greater percentage than economic hardship.

HUD has not yet funded any senior housing intended to be specifically welcoming to LGBT seniors, as it has done for other communities. The percentage of LGBT seniors needing housing assistance, including with supportive services, is estimated to be even higher than the non-LGBT community – closer to twenty percent in San Francisco as one example. During their wage earning years, LGBT persons were more likely to be underemployed, resulting in fewer resources for their senior years, and isolated from supportive networks. At the same time, appropriately trained providers are in very short supply. For LGBT seniors, the result can mean separation from lifetime partners as assisted living facilities fail to recognize partner relationships.

Many state and local fair housing laws provide some protections for LGBT persons; the federal Fair Housing Act does not. Housing discrimination looms large, particularly for LGBT couples, both in terms of homeownership and rental. Those in a relationship are more easily identified as a LGBT couple when seeking a one-bedroom unit and thus especially susceptible to discriminatory practices.

Bias in lending already has been identified as an issue for single women homebuyers, who have earning patterns that include periods of low wage pay or, for fulltime homemakers, no wages. Establishing a credit history for an unmarried couple has similar issues and the disproportionate impact on LGBT couples should be viewed as a potential discrimination issue.

Addressing Workplace Barriers for LGBT Staff and Applicants

Shortly before his departure, former Secretary Steven Preston initiated important steps toward addressing existing barriers for LGBT HUD staff and applicants.

In the Clinton Administration, the Department’s engagement in ensuring a fair and nondiscriminatory workplace was clear and unambiguous. Much of the work done during that period lapsed over the past eight years. During the Bush Administration, secretarial pronouncements, departmental support for diversity and other pro-active efforts were nonexistent or difficult to identify on HUD’s internal or external web pages or in materials provided to managers and supervisors. In effect, the fair and nondiscriminatory work that had been done largely vanished from the Department’s operations and policies.

Secretary Preston started to move the Department forward. On November 10, 2008, Secretary Preston issued a directive addressed to all HUD managers that made explicit HUD’s support for nondiscrimination based on sexual orientation and made explicit HUD’s opposition to all intolerance and bias in the workplace and in its practices. As part of this message, Secretary Preston directed that all managers and supervisors be provided a copy of the Office of Personnel Management’s Guideline on Sexual Orientation.

He announced that the Department would establish an ombudsman position to accept complaints of discrimination and workplace harassment, a resource that can bring some remedies within the Department rather than directing employees and applicants to outside agencies for assistance.

Secretary Preston also articulated, for the first time, the Department’s policy of nondiscrimination toward the families of LGBT employees and nondiscrimination in the use of personal leave. This was language that HUD Globe helped draft to ensure the right of employees to use their leave to care for a family member not related by blood or marriage, such as a domestic partner. Previously, this was a guarantee specifically provided only to bargaining unit employees and Secretary Preston’s statement now includes this nondiscriminatory practice to all HUD staff.

Notwithstanding Secretary Preston’s explicit direction, the implementation of any of these steps has yet to take place and, with only a few exceptions, there appears to be no plan to move forward by the Department’s various support offices.

Accordingly, on behalf of HUD’s LGBT employees, applicants, recipients, customers and other stakeholders, we respectfully urge that you take or direct action on the following issues:

1. Publish Secretarial commitment to non-discrimination and diversity. Renew and publish on HUD’s internal and external website the Secretarial commitment to non-discrimination and diversity, which explicitly prohibits discrimination on the basis of sexual orientation for employees and their families, as well as HUD recipients. The statement should include protection for gender identity. This should be done with a formal message from the Secretary to all HUD employees. The Department’s Office of Equal Opportunity routinely prepares a statement on discrimination and equal opportunity to be issued by each new Secretary. However, the Department’s EEO leadership relies on the federal civil rights statutes as the basis for its statement, and only federal executive orders include sexual orientation. Neither federal law nor executive orders includes gender identity. Thus, we urge you to give weight to the important issue of a fair and nondiscriminatory workplace for all LGBT staff, applicants and recipients, with an unequivocal commitment to establishing procedures within the Department to remedy any discrimination based on sexual orientation or gender identity. The Department of Interior established comprehensive procedures for processing complaints of discrimination based on sexual orientation in 1998. See attachment 4.



2. Establish a global Departmental nondiscrimination policy. Review all existing policies with regard to employees, recipients, customers and stakeholders to ensure that a specific policy includes nondiscrimination in hiring, promotion, assignments, duties, benefits and eligibility, as well as the provision of services through HUD-funded grants, programs and contracts.



3. Address non-discrimination in all union contracts. Specify a policy of equal opportunity, treatment and nondiscrimination based on sexual orientation and gender identity in all union contracts.



4. Promote equitable and non-discriminatory benefits. Write to the Office of Personnel Management and appropriate congressional committees in strong support of HUD employees’ right to add family members not related by blood or marriage, such as domestic partners, to health, dental, vision and long-term care insurance and for retirement benefits, survivor benefits and social security benefits on the same basis as HUD employees whose families are related by blood or marriage. See attachment 5, letter from EPA Administrator.



5. Provide OPM guidance to HUD management. Provide a copy of OPM’s “Guide to Employee Rights” material from “Addressing Sexual Orientation Discrimination in Federal Civilian Employment.” See attachment 6. This was a commitment by Secretary Preston that has yet to be implemented by the Department. The direction to provide this material to all employees comes from the Office of Personnel Management to all federal agencies. HUD’s should also place this guidance on its internal web page to provide all employees with access to the information.



6. Establish the ombudsman position as announced in former Secretary Preston’s statement issued 11/10/08. Direct the Office of Equal Opportunity or other office to move forward in the first 90 days with establishment of the ombudsman position, with appropriate authority and staffing to accept complaints of LGBT discrimination and to seek a meaningful resolution of the complaints. An internal administrative avenue of redress for allegations of harassment or discrimination based on sexual orientation or gender identity should be in place which is equivalent to that for any other complaint (realizing that it cannot go to EEOC should the internal process not come up with an agreed upon solution). Again, see Interior’s complaint processing procedures.



7. Ensure that all employees may access family and medical leave. Update all HUD personnel and employment guidance including handbooks, directives and employment guidance to state explicitly that family and medical leave may be accessed by all employees and applied to individuals who have established a familial relationship that is not recognized by law or created by blood.



8. Amend the Fair Housing Act. Propose that the Fair Housing Act be amended to prohibit discrimination based on sexual orientation or gender identity. This recommendation should apply to other laws that pertain to housing and non-discrimination in federal and HUD-funded programs such as Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Uniform Relocation Act, and Section 104(d) and Section 109 of Title 1 of the Housing and Community Development Act of 1974.



9. Address non-discriminatory use of HUD funds. Update the guidelines to prohibit discrimination based on sexual orientation or gender identity in employment, services and housing in HUD-funded programs, including those offered through faith-based partners. Ensure that all extramural review panels understand the importance of outreach and support to the LGBT client base.



10. Address eligibility for LGBT family housing in public housing. Update all HUD guidance, handbooks, directives and policies to prohibit discrimination on the basis of sexual orientation or marital status by clearly stating that families who are not related by blood, marriage or adoption are eligible for family housing in public housing. This is consistent with current HUD policy that permits applicants to use their own definition of household. Occupancy Requirements of Subsidized Multifamily Housing Programs, 4350.3 Rev-1, Chap. 3-23 (“Handbook 4350.3 Rev-1”). However, we have learned that as recently as last year, the Department had to require a Florida public housing authority to reverse its policy that excluded same-sex and unmarried couples from eligibility. It appears that few public housing authorities are aware of HUD’s nondiscrimination policy regarding the make-up of an applicant’s household. Without explicit inclusion of sexual orientation in the nondiscrimination statements of Handbook 4350.3 Rev-1 and other HUD program policies, discrimination toward households unrelated by blood, marriage or adoption is easily overlooked by public housing authorities and ignored by HUD staff charged with monitoring housing authorities. See 24 CFR Section 5.403. Such program policies, notices and directives must also explicitly state that PHAs may not, on the basis of sexual orientation, withhold permission to add a household member to an existing tenant’s lease. Current HUD guidelines allow PHAs discretion to withhold permission to add a household member in cases unrelated by blood, marriage or adoption. Handbook 4350.3 Rev-1, Chap. 3-23. Under the HUD Occupancy Handbook, 4350.3 Rev-1, tenants have a stronger right and remedy to include an assistance animal in their unit than a same-sex partner.



11. Address LGBT family eligibility for housing assistance. Update all HUD guidance, handbooks, directives and policies to owners and managers of HUD assisted housing by stating that all households are eligible for assistance, including those unrelated by blood, marriage or adoption. HUD’s guidance states: "An owner’s occupancy standards establish the size of the unit a family will occupy, but owners must avoid making social judgments on a family’s sleeping arrangement. For example, it is not for the owner to determine whether an unmarried couple may share the same bedroom or whether a young child can share a bedroom with a parent." HUD Occupancy Handbook, 4350.3 Rev-1, Chap. 3-23(E)(3). This policy should be restated to ensure that no one is wrongfully denied housing opportunities for discriminatory reasons related to sexual orientation.



12. Address LGBT eligibility for disaster assistance. Update all HUD guidance, handbooks, directives and policies to clearly state that families unrelated by blood, marriage or adoption are eligible as families for disaster assistance, including housing, as part of HUD’s mission in disaster recovery. Prohibit discrimination based on sexual orientation or marital status. This follows current HUD policy, but without explicit inclusion in HUD’s guidance, HUD partners and local agencies may easily overlook the policy.



13. Address LGBT eligibility for recovery assistance from homelessness. Update all HUD guidance, handbooks, directives and policies to clearly state that families who are not related by blood, marriage or adoption are eligible for family housing in programs to assist in the recovery from homelessness or to prevent homelessness. Discrimination based on sexual orientation or marital status is to be prohibited. This follows current HUD policy, but without explicit inclusion in HUD’s guidance, HUD partners and local agencies may easily overlook the policy.



14. Address LGBT employees’ eligibility for relocation assistance for their families. Update HUD travel and relocation policies and directives to clarify that households unrelated by blood, marriage or adoption are eligible for relocation assistance on the same basis as families related by blood, marriage or adoption. This should include paying for domestic partners: to accompany the relocating employee on house hunting trips; per diems; residence sale or lease breaking, and any other expenses that would be paid to an employee’s opposite-sex federally-recognized married spouse. The failure to provide equal opportunity for relocation assistance is contrary to the principle of workplace equality, denies the Department the ability to match HUD human resources with needed mission requirements, and disadvantages the Department in recruitment to fill new or vacant positions. See http://hudweb.hud.gov/po/f/relocation/toc.cfm. Currently, HUD’s relocation rules permit reimbursement for transporting a family pet, but not a domestic partner. See http://hudweb.hud.gov/po/f/relocation/q.cfm.



15. Increase outreach of Community and Faith-Based Programs. Update the guidelines for the Department’s Community and Faith-Based Programs to include outreach to faith-based and community-based organizations serving the LGBT community to provide equal access to opportunities for grant writing training and grants, and to serve as partners in HUD programs for homeownership, housing services and community development.



16. Publicize HUD’s non-discrimination policies. Include specific information about the Department’s equal opportunity and nondiscrimination policies, including sexual orientation, on HUD’s internet and intranet pages, so that such information is easily available to employees, applicants, recipients and other stakeholders. If a program, such as Fair Housing, currently does not include sexual orientation nondiscrimination, but such assistance or protection is available through a HUD-funded partner, the HUD listing should include links to those HUD-funded partners. This makes the Department’s policies transparent in all respects.



17. Ensure equitable and non-discriminatory representation in internal programs. Direct the Office of Departmental Equal Opportunity’s Affirmative Employment Division to include GLOBE as a Special Emphasis Group. Currently the Director of the Office of Departmental Equal Opportunity limits the Special Emphasis Group status to those listed in the President’s Executive Order designating nationally recognized observances. This arbitrary distinction is inconsistent with the practice in other federal agencies and its effect is discriminatory. See attachment 7, memorandum from Linda Bradford-Washington, Director, Office of Departmental Equal Opportunity, dated October 23, 2008.



18. Adopt an inclusive Diversity Policy. Adopt a Diversity Policy that includes sexual orientation and is part of all training for supervisors and other Department officials. All other federal Departments follow this process.



19. Establish a Departmental Diversity Council. In order to build sustainable relationships with its employees and stakeholders, we recommend that HUD establish a Diversity Council responsible for presenting all identity celebrations (e.g., African-American, Asian, Hispanic history and culture; disability; women, etc.) at the Department’s headquarters and field offices, and that the Council incorporate LGBT identity/culture/issues on an equal footing with other employee groups. During the Clinton Administration, several June LGBT pride events were held and proclamations made. Currently the Department’s office responsible for Special Emphasis Programs has indicated little to no interest in the inclusion of LGBT participation on an equal basis with other activities. We note that the celebrations have historically focused on designated months (e.g., February for Black history/culture, Asian-Americans in May, etc.). However, a more inclusive, fluid and educational approach would incorporate diversity events (e.g. readings, workshops, panel discussions, service days, performances, presentations, foods, etc.) for all groups throughout the year. Furthermore, in order to show that all the events are officially sanctioned, each event would be funded at equal levels, publicized in an equivalent and appropriate manner and introduced by senior management. We suggest that the Diversity Council include management-level representation from HUD’s ODEEO office; HUD’s Deputy Secretary or designee; the union, and chairs of advisory committees representing various employee special emphasis organizations.

The Obama Administration begins leading our country during times that challenges us to think and act in new ways and empowering Americans to embrace an inclusive future. We at HUD can achieve this vision only when the Department can rely on all available human resources; success depends on equal opportunity and equal access to employment and to programs intended to serve all Americans. The goals outlined in this paper will strengthen the Department for all HUD employees and those we serve.

To create a more fair, productive and welcoming HUD for employees, applicants and recipients we ask for an opportunity to discuss these issues with you, and to provide you with related resources to assist you as you consider the important matters addressed herein.

Attachments:

1. President Obama’s Civil Rights Agenda
2. Executive Order 11478

3. Secretary Preston Non-Discrimination Policy
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