Employment Discrimination Ordinance [027-RN]

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Employment Discrimination Ordinance [027-RN]

Post by Los Santos City Government » Thu Aug 21, 2014 1:18 am

Employment Discrimination Ordinance


Author: The Hon. Rakesh Namir

ORDINANCE NO. 027-RN

An Ordinance to abolish discrimination within the working environment and during the recruitment process in work.


THE PEOPLE OF THE CITY OF LOS SANTOS
DO ORDAIN AS FOLLOWS:


Section 1. Definitions.

    “Demote” refers to the moving of a person to a lower position of authority.

    “Disability” refers to a physical or mental condition that limits a person's movements, senses or activities.

    “Discrimination” refers to making an unjust or prejudicial distinction in the treatment of different categories of people.

    “Employee” refers to a person employed for wages or salary.

    “Employer” refers to a person or organization that employs people.

    “Job applicant” refers to a person who has made a formal application of employment.

    “Promote” refers to moving a person to a higher position of authority.

    “Race” refers to a group of persons related by common descent or heredity.

    “Sexual orientation” refer to a person’s sexual identity in relation to the gender of which they are attracted; the fact of being heterosexual, homosexual, or bisexual.

Sec. 2. Protected characteristics.

    The following are protected characteristics -
    • Age;
    • Marital status;
    • Pregnancy status;
    • Physical or mental disabilities;
    • Race, including color, nationality, ethnic or national origin;
    • Religion, belief or lack of religion/belief;
    • Gender;
    • Sexual orientation.

Sec. 3. General provisions.

  • (A) An employer may not deny employment to an job applicant based on any of the applicant’s protected characteristics unless so justified under Section 4.
  • (B) An employer may not dismiss an employee based on any of the employee’s protected characteristics unless so justified under Section 4.
  • (C) An employer may not promote or demote an employee based on any of the employees protected characteristics unless so justified under Section 4.
  • (D) An employer may not advertise a position specifically for a person who fits a certain criteria that conflicts with the protected characteristics unless it is justified under Section 4. A position of employment must generally be advertised to all persons, regardless of their protected characteristics.
  • (E) An employer may not request details of any job applicant’s protected characteristics unless so justified under Section 4.
  • (F) Violating Section 3 (A), (B), (C), (D) or (E) is deemed an offense in terms of this Ordinance, therefore -

    • (i) Depending on the severity of the violation, a licensing official may fine such person or organization no less that $15,000 and no more than $50,000.
    • (ii) Such offence shall be recorded as “employment discrimination”.

Sec. 4. Exceptions and justified discrimination.

SPECIFIC CIRCUMSTANCES

  • (A) Employers may violate Section 3 (A) and (E) in the circumstances that it would be illegal to employ a person under the age of 21. This only applies for businesses that possess a gambling license, adult entertainment license or a liquor license.
  • (B) Employers may violate Section 3 (A) and (E) in the circumstances that the employer may deem the workplace unfit or unsafe for a pregnant or disabled person to work in.
  • (C) The following shall be considered circumstances in which violations of Section 3 (A), (D) and (E) will be justified -
    • (i) Discrimination based on age, pregnancy status, physical or mental disabilities, race, including color, nationality, ethnic or national origin and gender, in the auditioning or employment for a role in television media or adult entertainment.
    • (ii) Discrimination based on race, including color, nationality, ethnic or national origin and gender, in the employment within a group rights, civil rights or similar organization, which exists for the empowerment or interests of such group or community.

TEST FOR JUSTIFIED DISCRIMINATION

  • (C) Discrimination in the workplace will be considered justified if the context and nature of such employment legitimately demands such discrimination, or if to not discriminate would cause undue hardship for the employer. The employer shall bear the onus to prove that any discriminatory measures or violations of Section 3 are justified.

    I hereby certify that the foregoing ordinance was passed by the Council of the City of Los Santos, at its meeting of August 13, 2014.

      LAOS MASON, City Clerk

      By ___Laos Mason_____
      City Clerk

        Approved August 21, 2014

          By _Rakesh Namir__
          Mayor
          Los Santos City Government
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