Mayor Annise Parker has updated a 12-year-old Houston non-discrimination policy to include transgendered individuals, a step that has won praise from supporters in the gay community but has prompted criticism as well.

The two executive orders she signed last week prohibit city employees from harassment or discrimination in hiring, promotion and contracting based on gender identity, adding to existing prohibitions based on race, creed, color, sex, national origin, age and disability.

They also allow transgendered individuals to use restroom facilities in city-owned buildings for the gender with which they identify. For example, a person who identifies as a woman but who is biologically male may now use the women's restroom. Previously, transgender city employees had to write a letter to a city official asking for permission to use restrooms of the gender with which they identified.

“The mayor wanted to put in writing what has already been the city's practice, which is that we do not discriminate,” said Janice Evans, Parker's spokeswoman.

‘Sad this is happening'

Kris Banks, president of the Houston Gay, Lesbian, Bisexual and Transgender Political Caucus, lauded the move as an important protection that will help GLBT employees feel safe at work.

“This is essential,” Banks said. “A non-discrimination provision that protects sexual orientation but doesn't protect gender identity is toothless. ... It's quite a thing, having a mayor that really understands all these issues.”

Dave Wilson, an anti-gay activist who campaigned against Parker in last year's mayor's race because of the fact that she is openly gay, said he fears the executive orders may be “only the beginning” of city efforts to strengthen gay rights under Parker's leadership.

“I'm sad this is happening to our city,” said Wilson, who years ago led a successful effort to amend the city charter to deny benefits to the partners of gay and lesbian city employees.

During a mayoral debate last year, Parker said that making an effort to rescind that charter amendment would not be a priority of her administration.

City Attorney Arturo Michel said the two orders do not govern restroom use in city facilities for the public, only employees. As mayor, Parker has the authority to issue orders governing the workplace behavior of city employees, but an ordinance would be required for similar changes dealing with restroom use to be made citywide.

It is a class C misdemeanor for someone to enter the restroom of the opposite sex without permission from the owner of the building where the restroom is located, he said. While transgender employees no longer have to seek permission from the city's director of general services, the department that oversees city buildings, transgender residents must do so, he said.

bradley.olson@chron.com