Hardin County: Motion fails to take ‘LGBTQ’ from personnel policy

Since President Donald Trump signed an executive order declaring the United States will only recognize two sexes, “male and female,” one Hardin County commissioner sought to see the wording changed in the county’s personnel policy – to no avail as of Jan. 29.

Pct. 1 Commissioner L.W “Nubbin” Cooper Jr. requested that the court amend the county’s personnel policy and the Equal Employment Opportunity/Affirmative Action Plan by reverting to former language concerning discrimination.

According to an email obtained by The Examiner, Cooper wanted to remove LGBTQ from the personnel policy and revert to the county’s old discrimination policy. Cooper presented his motion to the court, but it died for lack of a second.

“We have to have a second before going into discussion,” said County Judge Wayne McDaniel. “However, if there is not a second, anyone can speak.”

Pct. 2 Commissioner Chris Kirkendall asked Human Resource Director Melinda Herrington if she knew about other counties re-examining LGBTQ language in their personnel policy.

“I know that, three years ago, it was a recommendation by the Texas Association of Counties (TAC) that we add that to our language,” Herrington said of the LGBTQ qualifiers, adding that she would research the issue further and report back.

Cooper argued that including LGBTQ qualifiers such as “gay” and “lesbian” in personnel policy, the county effectively discriminates against “heterosexual” persons.

“I’m glad this (motion) died for lack of a second because the people of Hardin County see what we’re dealing with now,” Cooper stated.

The county's Equal Employment Opportunity/Affirmative Action Plan (EEO/AA), adopted in October 2010, was revised on April 23, 2024. Cooper was the only commissioner that did not sign out of the revised policy.

The revised policy that Cooper wants to change contains the language “... sexual orientation, including lesbian, gay, bi-sexual or transgender status, ...”

The Jefferson County Equal Opportunity Employer policy under Human Resources states that the government agency does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or political affiliation in employment or the provision of services.

According to the Orange County website, their personnel policy was adopted in September 1999 and updated in March 2017.

The policy states the county maintains a policy of non-discrimination for employees and applicants for employment.

“Thus, no aspect of employment within the county, including but not limited to job structuring, recruitment, examination, selection, appointment, placement, training, upward mobility, discipline, or any other aspect of personnel administration, shall be influenced in any manner by race, color, religion, sex, age, national origin, veteran status, mental or physical disability, political affiliation, family relationship, or any other basis prohibited by law,” reads the Orange County policy.

Under presidential executive order (EO) “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” federal agencies are required to remove, and cease issuing, any statements, policies, regulations and other messages that “promote or otherwise inculcate gender ideology,” which the EO defines as “the idea that there is a vast spectrum of genders that are disconnected from one’s sex.”

Federal agencies are also required to take all necessary steps permitted by law to “end federal funding of gender ideology.” According to the EO, all federal agencies and employees must use the term “sex” rather than “gender” when acting in an official capacity.

The executive order, signed Dec. 20, 2024, instructed the DOE to rescind its 2021 guidance that extended Title IX protections to include sexual orientation and gender identity.