A. Unlawful Employment Practices. It is an unlawful employment practice for any person to do any of the following acts wholly or partially based on sexual orientation of an employee or applicant for employment, unless based on a bona fide occupational qualification:
1. No employer shall fail or refuse to hire, or discharge any individual, discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, including promotion; or to limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his or her status as an employee.
2. No employment agency shall fail or refuse to refer for employment any individual; or otherwise to discriminate against any individual.
3. No labor organization shall exclude or expel from the membership or otherwise discriminate against any individual; or limit, segregate or classify its membership or to classify or fail, or refuse to refer for employment any individual in any way which would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities, or otherwise affect his or her status as an employee or as an applicant for employment.
4. No employer, employment agency or labor organization shall:
a. Discriminate against any individual in admission to or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program; or
b. Print, publish, advertise or disseminate in any way, or cause to be printed, published, advertised or disseminated in any way, any notice or advertisement with respect to employment, membership in, or any classification or referral for employment or training by any such organization which states that an unlawful discriminatory practice will be engaged in.
B. Exceptions.
1. It is not unlawful discriminatory practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system, provided such systems or plans are not a subterfuge to evade the provisions of this chapter.
2. Nothing in this section shall be construed to apply to employment by any business which employs five or fewer employees including the owner and any management and supervisorial employees.
C. Notices.
1. Requirements. Every employer with fifteen (15) or more employees, every labor organization with fifteen (15) or more members, and every employment agency shall post and keep posted in every place upon its premises where notices to employees, applicants for employment, and members are customarily posted, the following notice:
Discrimination on the basis of sexual orientation or gender identity is prohibited by law. Chapter 9.20 of the Sacramento City Code.
2. Alternate Compliance. The provisions of this subsection may be complied with by adding the words "sexual orientation or gender identity" to all notices required by federal or state law, and indicating on the notice that discrimination on the basis of sexual orientation or gender identity is prohibited by Chapter 9.20 of the Sacramento City Code.
3. The failure to post or keep posted the notice pursuant to paragraph 1 or 2 of this subsection shall not operate to toll the running of the limitation period provided in Section 9.20.100. (Ord. 2013-0038 § 14; prior code § 14.01.101)