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(Sherry Broder)
Well, I think that's one of the more

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difficult questions.

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I don't think a gay person has
very much rights.

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The Title VII does not specifically
prohibit discrimination against gay people.

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I know that people who are interested
in gay rights have tried for several years

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now to have a statute passed
at the State Legislature.

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Also there's some interest at the
City and County in terms of an ordinance.

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But so far nothing has passed.

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I mean, I would think that-
I would hope that our community

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would be a open-minded and fair community
and not discriminate against somebody

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based on an arbitrary category like that.

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But it's not specifically
prohibited by law.

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(Chris Conybeare)
Okay, maybe this question says to Julie:

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where does the state draw the line
for fairness in hiring a woman over a man

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for instance?

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How does one balance
those kinds of things?

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Well, if the job in question does have an
underrepresentation of women, and the two

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people are fairly equally qualified,
then you would select a woman.

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Because the purpose of affirmative action
is to balance your workforce,

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so it reflects a similar balance
in the qualified, larger…

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(Chris Conybeare)
Community.

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(Julie Puzon)
Community, yes.

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(Ronald Brown)
Let me interject at that point though.

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This is why it's important as to what type
of affirmative action plan you have.

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Because if you do not have a voluntary
affirmative action plan set aside or set

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up for your particular employer
and you choose or give a preference on the basis

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of sex, that's clearly illegal.

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So the good news I think about this recent
Supreme Court case, and the cases that

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came before it, is it permits employers
to set up voluntary affirmative action

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programs where they can choose and give
preferences on the basis of sex or race.

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But it has to be pursuant
to a bona fide affirmative action plan.

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(Chris Conybeare)
Does that mean that the plan has to be

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somehow published and available,
and it can't just be sort of made up

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as they go along?

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When they say a plan,
how substantial does that have to be?

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It's gotta meet three criteria.

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You gotta first identify that there's
a problem in your workplace.

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There's some technical requirements there.

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Secondly, you set up a plan that's
reasonable, which is usually goals

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and timetables.

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Which are temporary.

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And then thirdly, you implement it
in such a way that's not discriminatory.

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Okay, here's a question that says,
“What should a person do

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when he or she suspects
they are being discriminated against,

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but really don't have evidence
to sustain their belief?”

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They have a feeling that this is happening.
What do you recommend they do, Julie?

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(Julie Puzon)
They have several alternatives.

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If they work within State Government,
they can go through their

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internal complaint procedure,
which is an administrative procedure.

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And it will be investigated
by the departmental EEO Officer.

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And the director of the department
can be appealed to also.

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If they're not satisfied
with that course of action…