Topeka council approves rewritten anti-discrimination ordinance, plans further review of tracking language

The Topeka City Council on June 17 voted to adopt an updated anti-discrimination ordinance that removes language the city attorney and staff regard as legally risky while retaining core equal-opportunity protections. The governing body approved the measure with a 5-1 vote and directed further review of data-tracking language tied to grant certification.

City Attorney Amanda Stanley summarized the staff and committee approach: "We tried to break those apart so that we could keep the equal opportunity pieces while recommending that the legally safest strategy would be to remove the affirmative action pieces," she told the council. Stanley said the revisions focus on equal-opportunity protections consistent with federal law and Supreme Court precedent while eliminating mandated affirmative-action provisions that could imperil federal grant relationships.

The committee and staff recommended eliminating an Office of Diversity, Equity and Inclusion reference and returning some responsibilities to the human-resources director, while explicitly retaining protections for categories the U.S. Supreme Court and federal law protect. Stanley noted the city still can collect and track data for oversight, but the federal grant environment and recent legal guidance require careful wording.

Public commenters urged both caution and stronger employee protections. Danielle Tremblow, who has followed related litigation, warned the council that federal guidance and litigation are complex and that some changes could weaken protections for employees who bring workplace discrimination claims. "There is not rewording in here to give them the steps to take," she said, urging careful drafting.

Dr. Glenda Overstreet Vaughn argued against changes that would curtail local commitments to inclusivity: "We cannot afford to be pawned, manipulated by the federal government's funding chess game," she said.

Councilman Duncan moved to adopt the ordinance as revised and to return specified tracking language for further committee review; Councilman Miller seconded. The motion passed 5-1, with one council member voting no. Councilors agreed to continue work at the July 8 Policy and Finance meeting and to accept additional public comment before any further amendments.

The staff memo and ordinance drafts cited federal grant-certification requirements and recent legal decisions as the rationale for the limited revisions. City staff emphasized the ordinance is a living document and that the council can refine tracking language and implementation procedures at the July committee meeting.