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(1) Effective one year after the effective date of this Ordinance, all new forms issued by any City department, board, or commission shall not include requests for gender-specific identification. Such forms shall include, for example, the term "Parent/Legal Guardian" instead of "Mother" or "Father". Where it is necessary to request the gender of a person, an option shall be provided for that person to select the option "self-identify" for the person's gender in addition to the options of "male" and "female".
(2) Exceptions. Gender neutrality pursuant to subsection (1) shall not be required for a particular form if the Commission or City Solicitor certifies and advises the Department of Records in writing that any of the following circumstances exists:
(a) gender-specific information will further the ability of the requesting agency to perform its responsibilities;
(b) state or federal law requires the use of gender-specific information;
(c) eligibility for funding depends upon the use of gender-specific information;
(d) the Commission has determined that, for a reason not listed above, gender-specific data is required, in which case the Commission shall specify the reason for this exception.
Notes
1141 | Added, Bill No. 130224 (approved May 8, 2013). |
§ 9-1128. Unlawful Employment Practices Based Upon Reproductive Health Autonomy, Pregnancy, Childbirth and Related Medical Conditions. 1142
(1) It shall be an unlawful employment practice for an employer to fail to provide reasonable accommodations to an employee for needs related to reproductive health autonomy, pregnancy, childbirth, or a related medical condition, provided (i) the employee requests such accommodations and (ii) such accommodations will not cause an undue hardship to the employer. 1143
(a) For purposes of this Section 9-1128, "reasonable accommodation" shall mean an accommodation that can be made by an employer in the workplace that will allow the employee to perform the essential functions of the job. Reasonable accommodations include, but are not limited to, restroom breaks, periodic rest for those who stand for long periods of time, assistance with manual labor, leave for a period of disability arising from childbirth, reassignment to a vacant position, and job restructuring.
(2) Undue Hardship. The employer shall have the burden of proving undue hardship. For purposes of this Section 9-1128, factors to be considered in making a determination of undue hardship shall include, but not be limited to the following:
(a) The nature and cost of the accommodations;
(b) The overall financial resources of the employer's facility or facilities involved in the provision of the reasonable accommodations, including the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodations upon the operation of the employer;
(c) The overall financial resources of the employer, including the size of the employer with respect to the number of its employees and the number, type and location of its facilities; and
(d) The type of operation or operations of the employer, including the composition, structure and functions of the workforce, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer.
(3) Affirmative Defense. In any case where the need for reasonable accommodations under this Section is placed in issue, it shall be an affirmative defense that the person aggrieved by the alleged discriminatory practice could not, with reasonable accommodations, satisfy the requisites of the job.
(4) Notice of Rights. The employer shall provide written notice, in a form and manner to be determined by the Commission, of the right to be free from discrimination in relation to reproductive health status autonomy, pregnancy, childbirth, and related medical conditions and the right to reasonable accommodations related to reproductive health autonomy, pregnancy, childbirth, and related medical conditions under this Section, to all new and existing employees. Such notice may also be posted conspicuously at an employer's place of business in an area accessible to employees. 1144
(5) Education. The Commission is authorized to develop courses of instruction and conduct ongoing public education, as necessary, to inform employers, employees, employment agencies and job applicants about their rights and responsibilities under this Section.
(6) Relationship to Other Laws. Nothing in the ordinance adding this sentence to the Code, nor any provision of this Section, shall be construed to affect any other provision of law relating to sex discrimination or pregnancy, or in any way diminish the coverage of reproductive health autonomy, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth under any other provision of law, including the scope of sex discrimination otherwise prohibited by this Chapter 9-1100. 1145
Notes
1142 | |
1143 | |
1144 | |
1145 |
(1) If any clause, sentence, paragraph or part of this ordinance, or the application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance nor the application of such clause, sentence, paragraph or part to other persons or circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and to the persons or circumstances directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that this ordinance would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from their coverage.
Notes
1146 |
(1) Except as provided in subsection (2), it shall be an unlawful discriminatory practice for an employer to procure, to seek a person's cooperation or consent to procure, or to use credit information regarding an employee or applicant in connection with hiring, discharge, tenure, promotion, discipline or consideration of any other term, condition or privilege of employment with respect to such employee or applicant.
(2) Subsection (1) shall not apply:
(a) reserved; 1148
(b) to the City of Philadelphia with respect to efforts to obtain information regarding taxes or other debts owed to the City;
(c) if such information must be obtained pursuant to state or federal law;
(d) if the job requires an employee to be bonded under City, state, or federal law;
(e) if the job is supervisory or managerial in nature and involves setting the direction or policies of a business or a division, unit or similar part of a business;
(f) if the job involves significant financial responsibility to the employer, including the authority to make payments, transfer money, collect debts, or enter into contracts, but not including handling transactions in a retail setting;
(g) if the job requires access to financial information pertaining to customers, other employees, or the employer, other than information customarily provided in a retail transaction; or
(h) if the job requires access to confidential or proprietary information that derives substantial value from secrecy.
(3) An employer that intends to take an adverse employment action with respect to any person, based in whole or in part on credit information, shall, pursuant to 15 U.S.C. § 1681b(b)(3), provide such person, before taking any adverse action, with a written copy of the information relied, the right to obtain and dispute such information, and such other information as may be required by law. 1149
Notes
1147 | Added, Bill No. 160072 (approved June 7, 2016), effective July 7, 2016. |
1148 | Amended, Bill No. 200413 (approved January 20, 2021). |
1149 | Amended, Bill No. 200614 (approved January 20, 2021). |
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