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No compensation shall be paid by the city to any intern during such training. No obligation for employment of any intern subsequent to the training program shall be assumed by any officer, board or commission of the City and County; and no preference as to any position in the City and County government shall be granted to any intern subsequent to such public service training. The City and County of San Francisco shall assume no liability for injury or damage caused by the activity of any intern; nor shall it assume liability for injury or damage suffered by any intern.
(Ord. No. 3935(Series of 1939), App. 7/17/46; codified by Ord. 193-74, App. 4/18/74)
Each board or commission, each elective officer in charge of an administrative office, the Controller, the Mayor, and each department head appointed by the Mayor shall be responsible for the preparation and implementation of a plan to provide equal employment opportunities to all persons. Each such plan shall address all employment-related subjects the control of which is vested by the Charter in the board, commission, officer, or department. Such subjects shall include, but not be limited to, the following:
(a) Policy statements;
(b) Designation of equal employment opportunity responsibilities within the office, board or department, and establishment of a mechanism to evaluate the specific plan adopted;
(c) Analysis of workforce utilization in each job category by race or national origin, sex, age and salary, as compared to qualified representatives in the relevant market;
(d) Specific steps to be undertaken within stated timetables to ensure that all persons, regardless of race, national origin, or sex, have equal opportunities for employment; and
(e) The method of dissemination of the equal employment opportunity plan.
All such plans shall be prepared in consultation with the Civil Service Commission in order to provide technical assistance and recommendations on effective steps to achieve equal employment opportunity. Prior to adoption, the Civil Service Commission shall also approve each equal employment opportunity plan in cooperation with the City Attorney to ensure that compliance is made with all relevant federal, State and local equal opportunity laws or regulations. Should the Civil Service Commission find any such plan not in compliance with the above, it shall immediately so report to the Mayor's Office and Board of Supervisors. All such plans shall, upon adoption, be filed with the Civil Service Commission for public or other inspection.
In order to facilitate the development of information necessary to the formulation of such plans, the Controller is directed to make appropriate data processing facilities available and to process annual workforce utilization plans as required by this Section, the California Fair Employment Practices Commission, the Equal Employment Opportunity Commission, the Human Rights Commission, the Commission on the Status of Women or any other regulatory agency charged with reviews of nondiscrimination provisions of local, State or federal law.
All such plans shall be periodically reviewed, amended and updated as appropriate on at least an annual basis. An annual report on the performance and progress of such plans shall be prepared and submitted to the Mayor and Board of Supervisors by the Civil Service Commission by the first day of March of each year during the annual budget process.
(Added by Ord. 455-79, App. 9/12/79; amended by Ord. 251-92, App. 8/7/92; Ord. 287-96, App. 7/12/96; Ord. 149-00, File No. 000696, App. 6/30/2000)
(a) Sexual Harassment Policy.
(1) It is the policy of the City and County of San Francisco that, in accord with State and federal laws, each city employee has the right to work in an environment free of discrimination, including sexual harassment, and that sexual harassment is unacceptable and will not be tolerated in the workplace. The City and County of San Francisco will take all reasonable steps within its control to provide a workplace in which all individuals are treated with respect and dignity. The City and County of San Francisco recognizes that the elimination of sexual harassment in the workplace will create a better working environment, increase productivity, and improve relationships for all employees.
(2) Sexual harassment of a City official or employee is, in accord with State and federal laws, strictly prohibited by another City official or employee. This policy applies to all officials and employees and to all phases of employment, including, but not limited to, recruitment, testing, hiring, promotion or demotion, transfer, layoff, termination and selection for training.
(3) It is further the policy of the City and County of San Francisco to take reasonable steps, in accord with State and federal laws, to provide its employees with a workplace free of sexual harassment by non-employees, including, but not limited to: contractors and subcontractors of the City and County of San Francisco, clients, volunteers, interns, and members of the general public. It is also the policy of the City and County of San Francisco to take reasonable steps to prohibit its City officials and employees, acting within the scope of their official duties and employment, from sexually harassing non-employees, including, but not limited to: contractors and subcontractors of the City and County of San Francisco, clients, volunteers, interns, and members of the general public.
(4) In order to create and maintain a workplace free from sexual harassment of employees, the City and County of San Francisco will, in accord with State and federal laws, take all reasonable steps to:
(A) Set an example through its leadership and management that sexual harassment will not be tolerated;
(B) Train and educate management and public officials as to their responsibility to carry out the policy of the City and County; and
(C) Train and educate employees regarding sexual harassment issues and policy.
(5) It shall be a violation of this policy to engage in harassing conduct that does not meet the definition of sexual harassment under state and federal law, but that, if repeated or allowed to continue, might meet that definition.
(6) Pursuant to the Charter, the sexual harassment discrimination complaint procedure established by the Civil Service Commission and Human Resources Director is available to review and resolve all allegations of sexual harassment. Persons wishing to file a complaint are urged to contact the Human Resources Department Equal Employment Opportunity Unit for copies of the forms and procedures.
(b) Definition.
(1) For purposes of this Section and in accord with federal and State laws, sexual harassment is defined as any unwelcome sexual advance, request for sexual favors and other verbal or physical conduct of a sexual nature or directed at an individual because of his or her sex when:
(A) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
(B) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting said individual; or
(C) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
(2) Examples of behavior which may, in accord with State and federal laws, constitute sexual harassment, include, but are not limited to, the following:
(A) Acts from male to female, female to male and between individuals of the same sex which are sexual in nature and unwelcome; sexual harassment may be directed against a particular person, persons or group;
(B) Verbal conduct which is sexual in nature and unwelcome, e.g., epithets, jokes, comments or slurs, repeated requests for dates which are unwelcome;
(C) Nonverbal behavior which is sexual in nature and unwelcome, e.g., staring, leering, lewd gestures;
(D) Physical conduct which is sexual in nature and unwelcome, e.g., assault, sexual advances such as touching, patting or pinching, impeding or blocking movement or any physical interference with normal work or movement;
(E) Visual effects which are sexual in nature and unwelcome, e.g., posters or signs, letters, poems, graffiti, faxes, cartoons or drawings, pictures, calendars, electronic mail and computer programs;
(F) Consensual romantic relationships between a supervisor or manager and a subordinate do not constitute sexual harassment per se and are not prohibited by this policy, but may create a potential for conflict or an appearance of impropriety.
(3) For purposes of this Section, retaliation against any official, employee or applicant for employment for having made a good faith complaint or report of sexual harassment, or participating or aiding in an investigation of sexual harassment shall be prohibited. Examples of retaliation may, in accord with State and federal laws, include, but are not limited to, the following:
(A) Transferring the complainant or witness against his or her will;
(B) Ignoring the complainant or witness;
(C) Spreading rumors and innuendoes about the complainant or witness;
(D) Changing work assignments of the complainant or witness without a valid work-related rationale;
(E) Sabotaging of tools, materials or work of the complainant or witness; and
(F) Withholding work-related information from the complainant or witness.
(c) Right to File Other Complaints. This policy shall not alter or affect the right of any person to make a charge of discrimination with any State or federal agency with jurisdiction over such claims, file a grievance under a collective bargaining agreement, or consult a private attorney.
(d) Education and Training. Prevention is the best tool for the elimination of sexual harassment. All City and County commissions, departments, boards and agencies shall provide to each of their supervisory employees a copy of this ordinance with a written explanation of the most current procedure for filing a complaint. Each appointing officer shall require his or her supervisory personnel to instruct all employees under their supervision of the contents of this ordinance and of the Civil Service and Human Resources Department procedures for filing and processing a complaint. Each appointing officer shall provide to or acquire for its supervisory personnel a periodic training program designed to educate and thereby prevent sexual harassment.
(e) Department of Human Resources Reports.
(1) Quarterly Reports. The Human Resources Director shall provide, on a quarterly basis, to the Commission on the Status of Women a written report on the number of sexual harassment complaints filed and the departments that were involved. The report also shall include information on the dispositions of complaints that are concluded and the status of complaints that are pending. The reports shall not include names or other identifying information regarding the parties or the alleged harassers.
(2) Annual Report. The Human Resources Director shall provide annually to the Mayor, the Board of Supervisors, the Human Rights Commission, and the Commission on the Status of Women a written report on the number of claims of sexual harassment filed, including information on the number of claims pending and the departments in which claims have been filed. The reports shall not include names or other identifying information regarding the parties or the alleged harassers.
(f) Commission on the Status of Women. The Commission on the Status of Women is available to offer technical advice on this City and County policy, assistance and referrals for sexual harassment complainants, technical assistance and additional resources to supervisory employees and managers regarding sexual harassment, and to assist in the prevention of sexual harassment incidents.
(g) The City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, any obligations for which it is liable in money damages or otherwise to any person who claims that such breach proximately caused injury.
(Added by Ord. 441-96, App. 11/22/96; amended by Ord. 149-00, File No. 000696, App. 6/30/2000)
(a) Findings and Purpose.
(1) Breastfeeding provides health benefits to babies, as breast milk contains antibodies that protect babies from childhood illnesses including ear infections, respiratory infections, dermatitis, gastrointestinal disorders, asthma, obesity, diabetes, and a reduced risk of Sudden Infant Death Syndrome. The American Academy of Pediatrics recommends that babies be fed exclusively breast milk for the first six months of life and that breastfeeding continue at least until the end of the baby's first year. For some parents, breast milk is readily available and affordable.
(2) Breastfeeding also provides many health benefits for mothers, including earlier return to pre-pregnancy weight, and reduced risk of maternal postpartum depression, several cancers, type II diabetes, and osteoporosis. If a mother does not regularly express milk, the mother's breasts can become full and uncomfortable, which may lead to a decrease in milk supply or infection. Most nursing mothers who return to work are able to sustain their milk supply and avoid discomfort by simply expressing their milk at intervals and for lengths of time that suit their bodies.
(3) According to the Centers for Disease Control and Prevention, approximately 79% of new mothers breastfeed their babies at some point. Despite the benefits to mother and child of breastfeeding, only about 42% of babies are exclusively fed breast milk at three months of age. At six months of age, 19% of babies are exclusively fed with breast milk, and 49% of babies are fed any breast milk at that age.
(4) In the United States, more than one-third of mothers with children under the age of two work full time outside the home. Employment of mothers outside the home, especially full-time employment, has a negative influence on the period of time mothers breastfeed. Only 25% of employed women who are breastfeeding a child under age one continue to breastfeed the child for at least one month after returning to work. In 2000, only 11% of mothers with a one-year-old child and who worked full-time were still breastfeeding the child, in comparison to 19% of mothers who worked part-time while having a one-year-old child, and 22% of such mothers who were not in the labor force.
(5) Under the Healthy People 2020 initiative, the U.S. Department of Health and Human Services' Office of Disease Prevention and Health Promotion developed a set of national objectives, which include a goal to increase the proportion of mothers who breastfeed their babies in the early postpartum period to 81.9% by 2020, and to increase the proportion of employers that have worksite lactation support programs to 14.2%. Through this Section 16.9-26, the City intends to be one of those employers.
(6) An employer with a breastfeeding-friendly environment may have an advantage when recruiting and retaining employees. Breastfeeding may decrease employee absenteeism due to illness of a child, to the extent breastfeeding reduces childhood illnesses. The fewer the childhood illnesses, the fewer sick days mothers and fathers have to take for children's illnesses.
(7) Federal law requires all employers to provide nursing mothers with reasonable break time to express milk for one year after the child's birth and a private space other than a bathroom, that is shielded from view and free from intrusion, to express breast milk. (29 U.S.C. 207(r).) Similarly, California law requires all employers to provide a reasonable amount of break time and to make a reasonable effort to provide a private space, other than a toilet stall, close to the employee's work area, to accommodate an employee desiring to express breast milk at work. (Cal. Labor Code § 1030.) Twenty-seven states, the District of Columbia, and Puerto Rico have laws that are supportive of breastfeeding in the workplace.
(8) A work environment that is supportive of a mother’s efforts to breastfeed her child will likely increase the period of the child’s life during which breastfeeding will occur. By implementing a policy that supports mothers returning to work, the City will enhance mothers’ ability to continue breastfeeding through their child’s first year and beyond.
(9) In recognition of the well documented health advantages for mother and child of breastfeeding, the purpose of this Section 16.9-26 is to provide a supportive work environment to enable City employees who are nursing mothers to breastfeed or express milk during working hours. The Board of Supervisors finds that providing a supportive work environment to these employees will greatly benefit their health and welfare and strengthen their families, and will enhance the City’s ability to attract and retain employees.
(b) Definitions.
(1) “City” shall mean the City and County of San Francisco.
(2) “Department” shall mean any department of the City.
(3) “DHR” shall mean the Department of Human Resources.
(4) “Lactation” or “Lactate” shall mean breastfeeding, or expressing milk by removing breast milk by hand, manual breast pump, or electric breast pump.
(5) “Nursing Mother” shall mean an employee of the City with a child who is feeding the child by means of Lactation.
(6) “Policy” shall mean the City’s Lactation in the Workplace Policy, as described in subsection (c) and as implemented by DHR.
(c) Lactation in the Workplace Policy.
(1) DHR shall develop the City's Lactation in the Workplace Policy. The Policy shall address the subjects covered in subsections (c)(1)(A), (B), (C), and (D), and meet the minimum standards set in those subsections. The Policy may also impose other requirements consistent with this Section 16.9-26, that DHR deems necessary or appropriate to facilitate Lactation in the workplace, and that give due consideration to the privacy of Nursing Mothers engaged in Lactation under the Policy.
(A) Work Breaks for Lactation. The Policy shall: (i) require Departments to allow Nursing Mothers breaks for Lactation during work hours using normal paid breaks and meal times; (ii) require Departments to accommodate additional unpaid breaks for Lactation to the extent feasible given the operational demands of the Department; and (iii) require Departments to establish a process for Nursing Mothers to request breaks for Lactation.
(B) Space for Lactation. The Policy shall require Departments to provide a place for Lactation, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public. The Policy shall encourage Departments to provide a private room with (i) a door that can be locked, (ii) at least one electrical outlet, (iii) a chair or chairs, (iv) adequate lighting, (v) the ability to add a partition to the room to accommodate multiple Nursing Mothers simultaneously, and (vi) other amenities such as a refrigerator for storage of breast milk, a sink, and a hospital-grade electric breast pump or pumps. Rooms designated for Lactation may be used for other purposes when not needed for Lactation. Rooms designated for Lactation shall be identified with appropriate signage. The Policy shall require Departments to create a system for Nursing Mothers to schedule use of the facilities available for Lactation.
(C) Lactation Space in New or Renovated City Workplaces. The Policy shall provide that when the City constructs a new building that will be a workplace for City employees, enters into a new lease for all or part of a building that will be a workplace for City employees, or engages in a renovation of an existing owned or leased building that is or will be a workplace for City employees, the Department managing the construction or renovation project or entering into the lease will consult with DHR to ensure that sufficient space is identified to be used for Lactation to accommodate the number of City employees anticipated to work in the workplace who are or will be Nursing Mothers during any one time period.
(D) Public Lactation Rights. Under state law, a mother has the right to breastfeed her child in any location, public or private, except the private home or residence of another. The Policy shall state that Nursing Mothers are not required to limit Lactation to spaces identified by the City for this purpose. The Policy shall also state that City employees shall not infringe the right of any member of the public to engage in Lactation in any City location that is open to the public.
(2) Each Department shall comply with the Policy. Departments may seek DHR’s assistance in implementing the Policy. The Policy may require or permit any Department to develop a department-specific policy consistent with the minimum standards set in subsections (c)(1)(A), (B), (C), and (D). DHR must approve any department-specific policy.
(3) The Policy shall be distributed to all new employees and to all employees who request parental leave, prior to going on parental leave.
(d) DHR Website and Materials.
(1) DHR shall develop a website (or webpage on its own website) that contains informational materials or links to information regarding Lactation and breastfeeding. The website shall contain information for all expectant parents regarding Lactation and related issues, the availability of breast milk banks, the Policy, and any department-specific Lactation policies. The website shall include a list of the locations of all Lactation facilities available to City employees. The website shall advise City employees of mothers' right under state law to engage in Lactation in public, and shall state that City employees shall not infringe this right of any member of the public engaged in Lactation on City property that is open to the public. The website may also include any other information DHR deems relevant to facilitate Nursing Mothers' return to work and promote the goals of the Policy and this Section 16.9-26.
(2) DHR shall develop and/or compile printed informational materials regarding Lactation resources for distribution to City employees before their parental leave or upon return to work from parental leave.
(e) Undertaking for the General Welfare. In enacting and implementing this Section 16.9-26, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(f) No Conflict with Federal or State Law. Nothing in this Section 16.9-26 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(g) Severability. If any section, subsection, sentence, clause, phrase, or word of this Section 16.9-26, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Section 16.9-26. The Board of Supervisors hereby declares that it would have passed this Section 16.9-26 and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Section 16.9-26 or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 160-16, File No. 160592, App. 8/4/2016, Eff. 9/3/2016)
(a) Findings and Purpose.
(1) In federal Fiscal Year 2017, over 84,000 workplace discrimination charges were filed with the U.S. Equal Employment Opportunity Commission (“EEOC”), approximately 30% of those charges were related to sex discrimination, and over 6,500 of those charges were for sexual harassment.
(2) A 2016 EEOC Report by the Select Task Force on the Study of Harassment in the Workplace concluded that workplace harassment remains a persistent problem, particularly sex-based harassment. The vast majority, as much as 70%, of individuals who experience workplace harassment, never report or discuss the harassment with a superior. Even fewer individuals among the minority who report or discuss harassment with a supervisor file a formal complaint.
(3) Harassment in the workplace results in physical and emotional harm to employees who experience the harassment directly as well as to those who witness the harassment. Additionally, employers suffer as a result of workplace harassment, which causes decreased productivity and imposes financial costs on employers.
(4) Under California Government Code Section 12950.1, all supervisors and managers are required to complete a biennial online harassment prevention training, which is provided by the Department of Human Resources (“DHR”). By February 2018, DHR had trained nearly 12,000 employees in Fiscal Year 2016-2017. Expanding this requirement to all City employees – approximately 34,000 as of 2018 – would significantly expand the training’s reach and impact.
(5) In February 2018, DHR projected receiving an increased number of sexual harassment complaints in Fiscal Year 2017-2018 as compared to prior fiscal years because the existing required harassment prevention training has increased awareness among employees of their obligation to report harassment and their right to a harassment-free workplace, and has deepened their understanding of what constitutes workplace harassment.
(6) Administrative Code Section 16.9-25(e)(2) requires DHR to provide an annual report on the number of sexual harassment claims filed by City employees, including information as to number of claims pending, and the City departments in which claims have been filed. Expanding this reporting requirement to include all forms of harassment complaints, not only sexual harassment claims, will provide increased transparency and accountability for addressing harassment in the workplace.
“City” means the City and County of San Francisco.
“Covered Employee” means the following:
(1) An individual appointed to a permanent or exempt position with the City with a regular schedule of at least 20 hours per week; or
(2) An individual appointed to a provisional or temporary position with the City where there is a reasonable expectation that the employee will work at least 960 hours over a fiscal year or where the employee does work at least 960 hours over a fiscal year.
“EEO Complaint” means a complaint filed by a City employee, an applicant for City employment, a person providing services to the City by contract, an intern, or a volunteer claiming a violation of the City’s Equal Employment Opportunity Policy, which prohibits discrimination and harassment on the basis of characteristics protected by federal law, state law, or ordinance, and further prohibits retaliation against an individual who reports, files a complaint of, or otherwise opposes, conduct he or she reasonably believes to be unlawful discrimination, harassment, or retaliation, or assists in the investigation of a complaint.
(c) Training. All Covered Employees shall participate in harassment prevention training annually. The harassment prevention training shall educate Covered Employees on City policies prohibiting harassment. The harassment prevention training shall include bystander intervention training that will teach employees how to intervene and address harassment that they may observe in the workplace.
(1) The requirement that Covered Employees participate in harassment prevention training shall begin in Fiscal Year 2019-2020 unless the Board of Supervisors appropriates money for the training in Fiscal Year 2018-2019 and the Controller certifies the departments have sufficient funds to provide the training.
(2) Once the City begins providing harassment prevention training to Covered Employees, a Covered Employee shall participate in harassment prevention training within 30 days of the date the Covered Employee begins working.
(3) DHR shall prepare and administer the harassment prevention training program.
(4) Training that meets the requirements of California Government Code Section 12950.1 shall satisfy this Section 16.9-27, provided that the training includes bystander intervention training. Training under Section 16.9-27 shall satisfy the City entities’ obligations under Section 16.9-25(d) to provide education and training to supervisors regarding the prevention of sexual harassment.
(6)1
This Section 16.9-27
does not preclude any board, commission, department, or other City entity or official from taking additional reasonable steps to train City managers, officials, and/or employees regarding the City’s sexual harassment policy and issues pertaining to sexual harassment, in accordance with Section 16.9-25
(a)(4).
(d) Reports.
(1) Annual Reports on Training. Beginning July 15, 2019, DHR shall annually post on its website the number of employees in each department who have completed harassment prevention training.
(2) Quarterly and Annual Reports on Harassment Complaints. Beginning April 15, 2019, DHR shall post on its website on a quarterly and annual basis a report on the number of harassment complaints filed with DHR, the number of complaints by department, and the status of complaints and disposition of complaints in composite numbers. The reports shall not include names or other individually identifying information disclosed in the complaints or subsequent investigations. DHR shall submit its first quarterly report on by1
April 15, 2019, and shall submit its first annual report on July 15, 2019.
(3) Posting Reports. DOSW shall post to its website the quarterly and annual reports regarding complaints described in subsection (d)(2), and the reports of settlements required under Section 33.7 of this Code.
(e) Undertaking for the General Welfare. In enacting and implementing this Section 16.9-27
, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(f) No Conflict with Federal or State Law. Nothing in this Section 16.9-27
shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law, or any provision of the City Charter.
(Added by Ord. 13-19, File No. 180546, App. 2/6/2019, Eff. 3/9/2019)
CODIFICATION NOTE
“Commission” means a board, commission, or other body listed in Campaign and Governmental Conduct Code Section 3.1-103(a)(1).
“Commissioner” means a member of a Commission.
“Department” means the Department of Human Resources.
“Department Head” means an individual holding a position listed in Campaign and Governmental Conduct Code Section 3.1-103(b)(1).
“Implicit Bias Training” means a training prepared and administered by the Department, designed to make Department Heads and Commissioners aware of their unconscious biases and prejudices based on race, ethnicity, national origin, sex, gender identity, sexual orientation, or other characteristics protected by federal, state, or local law.
“Secretary” means the City employee responsible for handling administrative and clerical matters for a Commission.
(b) Training Requirement.
(1) Completion of Training.
(A) Department Heads and Commissioners who assumed office on or before the effective date of the ordinance in Board File No. 181188 establishing this Section 16.9-28 shall complete Implicit Bias Training by no later than December 31, 2019. Except as provided in subsection (b)(2), Department Heads and Commissioners who assume office after the effective date of the ordinance referenced above shall complete Implicit Bias Training within 60 days of assuming office.
(B) Department Heads shall satisfy the training requirement in this subsection (b) by completing the in-person training provided under subsection (c)(2). Commissioners shall satisfy the training requirement in this subsection (b) either by completing the online training provided under subsection (c)(1) or by completing the in-person training provided under subsection (c)(2).
(2) Exception. Any Department Head or Commissioner who completes Implicit Bias Training as required under subsection (b)(1) and thereafter is reappointed, reelected, or assumes office on another Commission or in another City department within five years of completing Implicit Bias Training shall not be required to complete Implicit Bias Training again.
(c) Department Responsibilities.
(1) The Department shall prepare and administer an online Implicit Bias Training program for Commissioners.
(2) The Department shall also prepare and provide in-person Implicit Bias Training to Department Heads, and to Commissioners upon their request.
(3) The Department shall provide a certificate of completion to each Department Head or Commissioner who has completed Implicit Bias Training. The Department shall retain these certificates and make them available to the public upon request.
(4) Beginning January 15, 2020, the Department shall post on its website the name of each Department Head and Commissioner who has completed Implicit Bias Training. The Department shall update the list at least once each month.
(d) Public Reports.
(1) After completing Implicit Bias Training, each Commissioner shall provide a copy of the certificate referenced in subsection (c)(3) to the Secretary for the Commission on which the Commissioner serves.
(2) Beginning January 15, 2020, the Secretary of each Commission shall post on the Commission’s website a statement identifying those Commissioners who have completed Implicit Bias Training and those Commissioners who have not completed Implicit Bias Training. For each Commissioner who has completed Implicit Bias Training, the list shall include the date of the training, and for each Commissioner who has not completed Implicit Bias Training, the list shall include the date by which this Section 16.9-28 requires the Commissioner to complete the training.
(3) Beginning January 15, 2020, each City department shall post on its website a statement reporting whether the Department Head for that department has completed Implicit Bias Training. If the Department Head has completed Implicit Bias Training, the website shall include the date of the training, and if the Department Head has not completed Implicit Bias Training, the website shall include the date by which this Section 16.9-28 requires the Department Head to complete the training.
(Added by Ord. 71-19, File No. 181188, App. 4/19/2019, Eff. 5/20/2019)
“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
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