“Demographic Information” means information about an individual’s sex, gender, race, or ethnicity.
“Gender Identity” has the meaning set forth in Section 3304.1(c) of the Police Code.
“Sexual Orientation” means a person’s emotional, romantic and/or sexual attraction to other people.
(b) Starting on January 1, 2022, the Department of Human Resources (“DHR”) shall request that applicants who apply for City employment through DHR’s applicant tracking system voluntarily provide information concerning the applicant’s Sexual Orientation and Gender Identity in accordance with the requirements of subsection (d). DHR shall develop systems necessary to collect and retain such information.
(c) Starting on January 1, 2022, any City department that conducts a written survey or other written inquiry of City employees that requests employees voluntarily provide anonymous Demographic Information shall also request on such written survey or inquiry that employees voluntarily provide information concerning the employees’ Sexual Orientation and Gender Identity in accordance with the requirements of subsection (d).
(d) In seeking to collect information about applicants’ and employees’ Sexual Orientation and Gender Identity, a department shall:
(1) Communicate to applicants and employees that providing Sexual Orientation and Gender Identity information is voluntary and that no adverse action will be taken based on the individual decision to either provide or decline to provide the information;
(2) Request Sexual Orientation and Gender Identity information using questions and approaches consistent with guidelines promulgated by the Human Resources Director or the Director’s designee; and
(3) Advise applicants and employees that to the extent the department obtains personally identifiable information regarding Sexual Orientation and Gender Identity, the department shall protect such information from unauthorized use or disclosure.
(e) Confidentiality and Privacy. To the extent departments obtain personally identifiable information regarding applicants’ and employees’ Sexual Orientation and Gender Identity, departments shall treat such information as confidential and protect it from unauthorized use and disclosure, to the extent permitted by law and as required by any applicable law, including Article 1 of the California Constitution.
(f) This Section 67.9-29 1
does not in any way diminish the protections afforded by City law against discrimination based on Sexual Orientation or Gender Identity, and shall not be interpreted or applied so as to diminish such protections under state or federal law.
(g) The Human Resources Director or the Director’s designee shall adopt guidelines to implement Subsection 16.9-29(d)(2), to specify the questions that may be asked and any other guidelines that the Director or designee deems appropriate in their discretion to implement the requirements of this Section 16.9-29.
(Added by Ord. 199-21, File No. 210739, App. 11/5/2021, Eff. 12/6/2021)
(Former Sec. 16.9-29 added by Ord. 114-90, App. 4/2/90; amended by Ord. 12-92, App. 1/21/92; Ord. 49-92, App. 2/20/92; Ord. 50-92, App. 2/20/92; Ord. 202-92, App. 7/10/92; Ord. 2-93, App. 1/11/93; Ord. 321-94, App. 9/15/94; Ord. 131-96, App. 4/3/96; Ord. 436-96, App. 11/8/96; Ord. 191-00, File No. 001011, App. 8/11/2000; repealed by Ord. 175-01, File No. 010059, App. 8/17/2001)
CODIFICATION NOTE