City Committee Advances Groundbreaking Anti-Discrimination Policy

Pasadena moved closer to finalizing a first-of-its-kind citywide anti-discrimination policy aimed at private employment, housing, education, and commerce, seeking to expand protections beyond existing state and federal laws.

At its Tuesday, June 3 meeting, the Legislative Policy Committee reviewed a draft policy statement and discussed enforcement options, directing city staff to prepare a formal ordinance. This initiative introduces new protected categories and addresses the practicalities of enforcement for a city of Pasadena’s size.

Assistant to the City Manager Alex Hernandez presented a revised draft of the policy, which incorporates feedback from the city’s Human Relations, Accessibility and Disability, and Status of Women commissions.

The proposed policy broadly seeks to “prohibit discrimination” in various sectors of private life.

Commission feedback requested clear, plain language, suggesting rephrasing “discriminate” to “refuse on a sole basis of” and clarifying terms like “perceived.”

Key new categories under consideration for protection include immigration status, visible or non-visible disabilities, and housing status, alongside a general clause for “any other characteristic protected by law.”

City staff confirmed that these additions would address areas not currently covered by existing legislation such as the Fair Employment and Housing Act.

A significant portion of the committee’s discussion centered on enforcement mechanisms and potential challenges for Pasadena.

Assistant City Manager Brenda Harvey Williams noted that, unlike larger cities, Pasadena does not have a dedicated enforcement office, which will necessitate a “creative” approach.

Chief Assistant City Prosecutor Tim Wellman explained that while larger cities often have their own investigative departments, the Pasadena City Prosecutor’s office typically receives “nearly 90% of our case referrals from the Pasadena Police Department,” indicating a reliance on existing police investigators.

The draft language provides flexibility, allowing the City Attorney or City Prosecutor to pursue civil, administrative, or criminal enforcement, with remedies not being mutually exclusive. Wellman clarified that under Pasadena city ordinances, maximum fines for administrative and criminal violations are capped at $1,000, with criminal violations also potentially including up to six months in County jail. This contrasts with the higher penalties in some larger cities, which often incorporate compensatory damages and attorney’s fees.

Councilmember Jason Lyon suggested the possibility of using an existing commission, such as the Human Relations Commission, for administrative remedies, but acknowledged this would “require training up that commission substantially.”

Both Lyon and Committee Chair Steve Madison underscored the importance of a clear statement of legislative intent within the ordinance.

Chair Madison proposed that such a statement could explicitly acknowledge Pasadena’s commitment to equity and inclusion, reflecting the city’s and country’s history of discrimination against marginalized groups and the need “to make amends for” past injustices. He invited discussion on whether this statement should be “safe and measured” or more “pointed” about specific historical contexts related to gender, sexual orientation, race, or ethnicity.

City staff confirmed that the City Attorney’s office could incorporate such “professory statements” to guide the ordinance’s purpose. Councilmember Lyon agreed, emphasizing the aim to protect traditionally marginalized groups and the value of a draft ordinance to work through these specific details.

The proposed policy is a new initiative for Pasadena, rather than an amendment to an existing citywide mandate for private entities. However, the city itself, as an employer, already complies with state and federal non-discrimination laws through its personnel and administrative rules.

The committee agreed to schedule a revisit of the draft policy and ordinance in September, following the conclusion of the city’s budget process.