Texas Official Compares LGBT Workers to Purple-And-White Zebras as Nondiscrimination Protections Removed

Commissioners In Waco Allegedly Threatened HR Director With Negative Performance Review Over Change

McLennan County, Texas, has rescinded nondiscrimination language that was added to its job applications last year, with one commissioner comparing LGBT people to purple-and-white zebras.

The McLennan County seat is Waco, which is home to Baylor University, one of the nation’s most anti-LGBT schools. Recently, three billboard ads promoting the dangerous, discredited practice of “ex-gay” therapy went up in Waco, but LGBT activists reportedly have convinced the owner of the billboards to take down the ads. 

The Waco Tribune-Herald reports that last year, the Commissioners Court hired a progressive new human resources manager, Amanda Talbert, with the stated goal of bringing the county into the future. Shortly after being hired, Talbert added sexual orientation and gender identity to the nondiscrimination statement on county employment applications, under the description of “sex.”  

“I take discrimination very seriously and I want to do everything we can to show that we don’t discriminate,” Talbert said.

Commissioners were initially supportive of the change. 

“I wouldn’t think anybody on the court would hesitate to bring all this up to date,” County Judge Scott Felton, who chairs the Commissioners Court, said at the time. 

However, after the Tribune-Herald published its story about the change, commissioners began approaching Talbert and demanding that she remove the new language, even allegedly threatening her with a negative performance review. 

Now, a majority of commissioners say they oppose adding LGBT nondiscrimination protections to the county’s employee handbook, which Talbert has also been working to update. 

“Commissioner Kelly Snell (pictured) asked if the county starts adding protection clauses to the nondiscrimination policy, when would they draw the line and stop?” the Tribune-Herald reports. “Snell said someone could then want to include purple and white zebras in the county’s nondiscrimination policy.” 

Felton now says Talbert should have gotten the court’s approval before updating the job applications. 

“I don’t believe that the commissioners court discriminates. I’m not saying discrimination doesn’t happen,” Felton said. “The basic thing we want to know is, ‘What does the law say we need to be doing?'” 

The short answer to Felton’s question is, the law says the county can’t discriminate against LGBT employees.

The U.S. Equal Employment Opportunity Commission has taken the position that LGBT people are covered under Title VII of the Civil Rights Act, which prohibits discrimination based on sex. And in recent years, federal courts have agreed.

In addition, federal courts have held that LGBT public sector employees are covered under the equal protection clause of the 14th Amendment. 

So, while the county isn’t legally required to add sexual orientation and gender identity to its written nondiscrimination policy, it would behoove commissioners to do so if they want to reduce potential liability — not to mention the talent recruitment and economic development benefits. 

Sadly, though — and despite their lip service — commissioners don’t really appear ready to bring McLennan County into the future, or even the 21st century. 

Image from Duke Machado via YouTube