San Francisco County Municipal Code § 131.4 [reserved.]

(Former Sec. 131.4 added as Administrative Code Sec. 12B.4; amended by Ord. 498-75, App. 1/5/75; Ord. 201-97, App. 5/27/97; Ord. 286-97, App. 7/18/97; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; repealed by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026)

NONDISCRIMINATION IN CONTRACTS. (a) City Contracting Departments. All Contracts and Property Contracts shall include, a provision obligating the Contractor not to discriminate, as required by subsections (b)(1) and (b)(2) unless exempt under Section 131.2 or waived under Section 131.6. (b) Obligations of City Contractors. (1) Nondiscrimination in Employment. In the performance of a Contract, the Contractor or Subcontractor will not discriminate against any employee, City employee working with such Contractor or Subcontractor, or applicant for employment with such Contractor or Subcontractor, on the basis of the fact or perception of that person’s Protected Category, or association with members of classes protected under this Article 131 or in retaliation for opposing any practices forbidden under this Article. Discrimination on the basis of sex includes sexual harassment as defined in Section 16.9-25(b) of the Administrative Code. The Contractor or Subcontractor will take action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to the fact or perception of their Protected Category. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. (2) Property Contracts. In the performance of a Property Contract, the Contractor or Subcontractor will not discriminate against any person seeking accommodations, advantages, facilities, privileges, services, or membership in the business, social or other establishment or organization operated by the Contractor or Subcontractor on the basis of the fact or perception of that person’s Protected Category, association with members of classes protected under this Article or in retaliation for opposition to any practices forbidden under this Article. Services provided by Contractor or Subcontractor to the public shall be provided regardless of Disability of persons otherwise entitled to or qualified for such services. (3) Equal Opportunity in Hiring. In the performance of a Contract, the Contractor or Subcontractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor or Subcontractor, state that qualified applicants will receive consideration for employment without regard to the fact or perception of their Protected Category. (4) Subcontract Incorporation by Reference. All Contractors must incorporate by reference in all Subcontracts and require Subcontractors to comply with the requirements set forth in this Section 131.4-1 and failure to do so shall constitute a material breach of contract. (5) Records and Reporting. The Contractor or Subcontractor shall permit the City access to its records of employment, employment advertisements, application forms, and other pertinent data and records for the purposes of investigation to ascertain compliance with the nondiscrimination provisions of this Article 131, and upon request shall provide evidence that the Contractor has complied or will comply with the nondiscrimination provisions of this Article. Should the Contractor or Subcontractor operate as a membership organization, the Contractor or Subcontractor shall permit access to its membership records, rules, regulations, and other pertinent data, by the City for the purpose of investigating to ascertain compliance with the nondiscrimination provisions of this Article, and on request provide evidence that the Contractor or Subcontractor has complied or will comply with the nondiscrimination provisions. (6) Age-Related Non-Application. The provisions of this Section 131.4-1 with respect to age shall not apply to the following: (i) termination of employment because of the terms or conditions of any bona fide retirement or pension plan, (ii) operation of the terms or conditions of any bona fide retirement or pension plan which has the effect of a minimum service requirement, and (iii) operation of the terms or conditions of any bona fide group or insurance plan. (7) Posting. The Contractor or Subcontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in such form and content as shall be furnished or approved by the awarding authority setting forth the provisions of this Section 131.4-1. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026)

PROVISION OF BENEFITS. (a) City Contracting Departments. (1) Contract Incorporation by Reference. All Contracts and Property Contracts shall include, a provision obligating the Contractor not to discriminate, as required by subsection (b)(1) unless exempt under Section 131.2 or waived under Section 131.6. (2) Pre-Award Certification. To be eligible to submit a bid or proposal or to have a bid or proposal considered by the awarding authority, the prospective contractor may be required to certify in writing that, if awarded a Contract, they will abide by the provisions of this Article 131. (b) Obligations of City Contractors. (1) Equal Benefits. In the performance of a Contract, the Contractor will not, during the term of the Contract, discriminate in the provision of Benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees, where the domestic partnership has been registered with a governmental entity pursuant to State or local law authorizing such registration, subject to the following conditions. In the event that the Contractor’s actual cost of providing a certain benefit for the domestic partner of an employee exceeds that of providing it for the spouse of an employee, or the Contractor’s actual cost of providing a certain benefit for the spouse of an employee exceeds that of providing it for the domestic partner of an employee, the Contractor shall not be deemed to discriminate

in the provision of benefits if the Contractor conditions providing such benefit upon the employee agreeing to pay the excess costs. In addition, in the event the Contractor is unable to provide a certain benefit, despite taking reasonable measures to do so, the Contractor shall not be deemed to discriminate in the provision of benefits if the Contractor provides the employee with a cash equivalent. (2) Confidentiality. Contractors shall treat as confidential to the maximum extent allowed by law or the requirements of Contractor’s insurance provider any request by an employee or applicant for employment for domestic partner or spousal benefits or any documentation of eligibility for domestic partner or spousal benefits submitted by an employee or applicant for employment. (3) Records and Reporting. The Contractor shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by the City for the purposes of investigation to ascertain compliance with the nondiscrimination provisions of this Article, and upon request shall provide evidence that the Contractor has complied or will comply with the nondiscrimination provisions of this Section 131.4-2. (4) Notice to Employees and Applicants. The Contractor will send a notice, in such form and content as shall be furnished or approved by the awarding authority, to their employees or applicants for employment advising of the Contractor’s or Subcontractor’s commitments under this Section 131.4-2. (5) Subcontracts. The requirements of this Section 131.4-2 apply only to prime Contracts, and do not apply to Subcontracts in any form. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026)