HRC Index Sparks Change in Berkeley

A recent survey of LGBT equality among municipalities may already be spurring change in Berkeley.

The Human Rights Campaign Municipal Equality Index, which rated 353 U.S. cities on their municipal laws and policies, awarded 95 out of 100 points to Berkeley. The East Bay city, long known for its progressive politics, lost points in part because the Berkeley Police Department lacks an LGBT liaison.

This was news to gay Councilman Kriss Worthington, who authored an ordinance establishing the liaison position in 2001.

Assistant City Manager Matthai Chakko confirmed that the position has not been filled "for several years" since the last officer to hold it retired.

"At this point, we don't have one. The person retired. We'll be evaluating whether there will be a need to fill the position," Chakko said.

But Worthington hopes to expedite the process. After learning from the Bay Area Reporter that the position was vacant, he drafted a city council item to address the issue.

"At the time the position was filled, the community felt it was evidence of Berkeley's inclusiveness. The city should fill this position," the item reads.

The City Council item would also address the other issue that cost Berkeley points in the HRC index - the city doesn't include gender identity in its employment non-discrimination policy for municipal workers.

California law prohibits employment discrimination based on gender identity. But when cities reaffirm this in their own non-discrimination policies, it can help ensure that protection.

Gay Councilman Darryl Moore is co-sponsoring the item to correct the oversight. Councilwoman-elect Lori Droste, who will be sworn in December 9, is expected to co-sponsor as well. Droste is the first out lesbian to be elected to the Berkeley City Council.

The City Council will vote on the item December 16.

HRC rated a total of 353 cities on the survey, which was released November 12, including 55 California cities. San Francisco received 100 points [See related story.] Oakland scored a 93.

Oakland lost points in part because municipal workers aren't guaranteed access to transgender-inclusive health care plans.

Transgender people throughout the country are routinely denied care and coverage of medical needs, for general procedures as well as specific gender-affirming care. Many health care plans contain blanket exclusions of transgender health care needs.

California banned this practice with the Insurance Gender Non-discrimination Act in 2005, then reaffirmed the ban in April 2013. Still, some workplaces, including the city of Oakland, have not committed to transgender-inclusive health care policies.

Oakland city employees choose from one of several health care plans. But without this protection, some of the plans may not cover transgender-inclusive care.

Essentially, city employees themselves will likely need to work to get Oakland to ensure transgender-inclusive health care, according to Anand Kalra, health programs administrator at the Transgender Law Center.

"Typically this is a long, involved process that requires a group of employees to come together and make the case for inclusion to human resources, then for HR to bargain for inclusive coverage with the insurance carriers when the contract is up for renewal," Kalra wrote in an email.

Starting that process, Kalra said, "is probably just a matter of getting the right people in a room together."

Some of those people could be the union that represents city workers. Service Employees International Union Local 1021 representative Terry Meadows said that during upcoming health contract negotiations for Oakland city workers, requiring transgender-inclusive care in the policy could be put on the table.

"I'm in preparation with the members to start putting proposals together," Meadows said. "If we've got individuals that are looking for that, now's the perfect time for it to be brought up."

The national SEIU Lavender Caucus was recently involved in a successful campaign to require transgender-inclusive care in California Public Employees' Retirement System plans for state employees.

If Oakland does move to guarantee the right to transgender-inclusive health care for city employees, it will be part of a trend. Twelve percent of cities in the HRC index this year offered transgender-inclusive health care, compared to 5 percent of cities surveyed in 2013.

"The Municipal Equality Index has become a valuable tool in motivating city and county leaders to step up when it comes to LGBT equality," wrote Nadine Smith, executive director of Equality Florida, in the report.

With Worthington's upcoming City Council item, and possible changes in health care policy in Oakland, that may prove true in the East Bay.