San Francisco County Municipal Code § 131.3 Definitions

As used in this Article 131, the following words and phrases shall have the meanings indicated herein: “Age” means the age of any employee or applicant for employment who has attained the age of 40 years. For the purposes of this Article 131, discrimination because of age means dismissal from employment or refusal to employ or rehire any person because of their age, if such person has

attained the age of 40 years and is physically able and mentally competent to perform the services required. Age limitations for apprenticeship programs in which the State or its political subdivisions participate shall not be considered discriminatory within the meaning of this Article. “Benefits” means bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pension and retirement benefits, or travel benefits, as well as any similar employment benefits. “City” means the City and County of San Francisco. “Commission” means the Human Rights Commission. The Commission may revocably delegate the administration of this Article 131 to the Contract Monitoring Division within the City Administrator’s Office. References in this Article to the Commission when acting as a Department, rather than as a body, shall be construed to refer to the Contract Monitoring Division where duties have been so delegated. “Contract” means an agreement subject to this Article 131 as stated in Section 131.2. “Contracting Department” or “Department” means the City department, office, commission, or other City entity that enters into the applicable Contract on behalf of the City. “Contracting Officer” means the City official or employee who is authorized to execute a contract, either as a Department Head or as a designee appointed in writing by the Department Head, board, or commission as having the authority to sign contracts for the Department. “Contractor” means any person or persons, firm, partnership, corporation, or combination thereof that enters into a contract or property contract with a Department Head or officer empowered by law to enter into contracts or property contracts on behalf of the City. “Department Head” means the duly appointed General Manager, Director, or Executive Director of a City department having charge and management of said department. “Director” means the Director of the Human Rights Commission. The Director may revocably delegate the administration of this Article 131 to the Director of the Contract Monitoring Division within the City Administrator’s Office. References in this Article to the Director shall be construed as to the Contract Monitoring Division Director where duties have been so delegated. “Disability” means a physical or mental impairment which limits one or more major life activities, and includes being regarded as having such an impairment, or having a record of such an impairment. “Domestic partner” means any person who has a currently registered domestic partnership with a governmental body pursuant to State or local law authorizing such registration. “Gender Expression” means the outward expression of one’s gender identity, which may include, but is not limited to, clothing, hair style, gestures, makeup, or behavior, which may or may not conform to societal expectations typically related to traits associated with a person’s gender identity, sexual orientation, or assigned sex at birth. “Gender identity” means how a person self-identifies their gender, or their internal understanding of their gender. A person’s gender identity may or may not correspond with social norms or stereotypes related to the sex they were assigned at birth. There are many terms related to gender with which a person may identify, including but not limited to: agender; androgynous; bigender; cisgender; cisgender man; cisgender woman; gender fluid; gender non-conforming; gender-expansive; genderqueer, non-binary, pangender, Two-Spirit, transgender, trans, transgender man, transgender woman, masculine, and feminine. One’s gender identity may be described through any number of ever-expanding terms or definitions, and one’s gender identity may be subject to change by the individual. “Property Contract” means a written agreement for the exclusive use or occupancy of real property for a term exceeding 29 consecutive days in any calendar year, whether by singular or cumulative instrument, for the operation or use by others of real property owned or controlled by the City for the operation of a business, social, or other establishment or organization, including leases, concessions, franchises, and easements subject to this Article as stated in Section 131.2. “Protected Category” means race, color, creed, religion, national origin, ancestry, Age, Sex, Sexual orientation, Gender Identity, Gender Expression, domestic partner status, marital status, Disability, Acquired Immune Deficiency Syndrome, AIDS/HIV status, weight, or height. “Qualified disabled employee” means a person able to perform the essential functions of a job with reasonable accommodation. “Sex” means one’s anatomical, physiological, genetic, or physical attributes, and the variation in these attributes that may or may not indicate male, female, or a different sex such as intersex. These attributes may include but are not limited to both primary and secondary sex characteristics, including internal and external reproductive organs, hormone levels, hormone receptors, chromosomes, and genes, all of which may change over time. A person’s sex may or may not align with their gender identity. “Sexual orientation” means one’s physical, emotional, romantic, or sexual attraction to people of a particular gender or multiple genders, or lack thereof, and is distinct from their gender expression or gender identity. A person’s sexual orientation may be identified by terms including, but not limited to, asexual, bisexual, gay, lesbian, heterosexual, homosexual, pansexual, and queer. “Subcontract” means an agreement to (1) provide goods and/or services, including construction labor, materials, or equipment, to a contractor, if such goods or services are procured or used in the fulfillment of a Contractor’s obligations arising from a Contract with the City, or (2) transfer the right to occupy or use all or a portion of a real property interest sub

xual, pansexual, and queer. “Subcontract” means an agreement to (1) provide goods and/or services, including construction labor, materials, or equipment, to a contractor, if such goods or services are procured or used in the fulfillment of a Contractor’s obligations arising from a Contract with the City, or (2) transfer the right to occupy or use all or a portion of a real property interest subject to a Property Contract to a Subcontractor and pursuant to which the contractor remains obligated under the Property Contract, and which in either case is subject to the provisions of this Article pursuant to Section 131.2(d). “Subcontractor” means any person or persons, firm, partnership, corporation, or any combination thereof, that enters into a Subcontract with a Contractor that is subject to the provisions of this Article pursuant to Section 131.2(d). (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026) (Former Sec. 131.3 added as Administrative Code Sec. 12B.3 by Ord. 261-66, App. 10/21/66; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; replaced by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026)