(a) The policy of the City of Los Angeles has been, and will continue to be, to promote and maintain an environment free from sexual orientation discrimination. Discrimination and harassment on the basis of sexual orientation is illegal, as well as harmful to those in work environments affected by offensive, intolerant and hostile behaviors. Sexual orientation discrimination inhibits optimal performance, demeans esteem, creates contention and diminishes productivity. The City is committed to ensuring merit based human resource management decisions that value high performance, public service excellence and inclusion; and therefore reiterates its policy of equal employment opportunity and non discrimination.
(1) Sexual orientation refers to whether a person is romantically or sexually attracted to other adults of a different sex (as is true for those who are heterosexual), the same sex (as is true for those who are lesbian or gay) or both (as is true for those who are bisexual). Discrimination is prohibited on the basis of one's actual or perceived sexual orientation, so that even if one's actual sexual orientation is misperceived by a wrongdoer, the wrongdoer can still be liable for sexual orientation discrimination.
(b) In 1979, the City of Los Angeles adopted Ordinance No. 152,458, Municipal Code Section 49.70, which established and defined the City's intent to promote and maintain a working environment free from discrimination on the basis of sexual orientation. Specifically, the ordinance protects gays, lesbians, bisexuals, and heterosexuals from discrimination in employment, housing, business establishments, City facilities and services, and education. Additionally, effective January 1, 2000, sexual orientation was included in the State Fair Employment and Housing Act as one of the bases on which complaints of employment discrimination can be filed.
(c) Discrimination by any City employee in any City employment practice on the basis of an individual's sexual orientation (or perceived sexual orientation) is unacceptable and will not be tolerated. No City officer or employee shall consider an applicant's or employee's known or perceived sexual orientation in any pre-employment or employment action or decision, including but not limited to background checking, testing, hiring, assigning, training, transferring, upgrading, promoting, compensating, disciplining and discharging. Nor shall any City officer or employee classify or otherwise treat a City employee differently because of the employee's known or perceived sexual orientation. City policy shall prohibit, as a form of discrimination, the creation of or contribution to a hostile, intimidating, threatening, offensive or abusive work environment on the basis of an individual's known or perceived sexual orientation. This includes written, spoken, graphic or demonstrative derogatory terms, slurs, comments, gestures, ridicule, threats, rumors, or jokes with respect to an individual's known or perceived sexual orientation.
(d) Further, it is City policy that prompt and appropriate action be taken to deter and punish sexual orientation discrimination and harassment. Therefore, it shall be the responsibility of each Department manager to take all steps reasonably necessary to remedy violations and prevent future violations of this Section, including taking appropriate disciplinary action, to ensure and maintain a working environment free from sexual orientation discrimination and harassment.
(e) Additionally, all reported allegations of sexual orientation discrimination will promptly be fully documented and promptly, adequately and completely investigated.
(f) City policy prohibits retaliation by the City or any department or employee based on reporting a claim of discrimination on the basis of sexual orientation or for supporting such a complaint (as a witness or otherwise) or for opposing such discrimination. Therefore, no City employee may intimidate, penalize, or take action against an individual for filing a complaint of discrimination on the basis of sexual orientation nor engaging in any other protected activity.
(g) Employees who believe that this policy has been violated may and are strongly encouraged to report policy violation(s) by contacting either: the EEO Counselor of his/ her Department; the City's Sexual Orientation Counselor in the Personnel Department; or, the Personnel Department's Office of Discrimination Complaint Resolution.
(1) Investigations will be conducted in accordance with the Sexual Orientation Discrimination Complaint Procedure and/or Citywide Discrimination Complaint Procedure.
(2) To the maximum extent allowed by law, but limited by its duty to conduct a prompt and thorough investigation and the practical consequences thereof, the City will provide confidentiality with respect to the filing and investigation of complaints of discrimination based upon sexual orientation.
(h) The Mayor is ultimately responsible, through respective department management, for the management and administrative control of departmental activities and will continue to foster a positive and productive working environment for all employees and vigorously enforce all Federal, State and City equal employment opportunity and non discrimination laws, directives and policies. The Personnel Department shall continue to be the lead agency for equal employment opportunity policy and complaint resolution, specifically as it relates to monitoring policy compliance and investigating and resolving complaints of discrimination. The Personnel Department will also provide additional guidance to departments for compliance with this policy and other non discrimination laws, policies and procedures and recommended training.
SECTION HISTORY
Added by Ord. No. 180,189, Eff. 10-26-08.