[09-20] Anti-Discrimination Act of 2020

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ANTI-DISCRIMINATION ACT OF 2020

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SUBMITTED BY: Senator Park SPONSORED BY: Senator Park

SENATE BILL N° 07-20

An act to abolish discrimination within the working environment in the State of San Andreas.


THE PEOPLE OF THE STATE OF SAN ANDREAS DO ORDAIN AS FOLLOWS:

• Section 1. DEFINITIONS
  1. “Demote” refers to the moving of a person to a lower position of authority.
  2. “Disability” refers to a physical or mental condition that limits a person's movements, senses or activities.
  3. “Discrimination” refers to making an unjust or prejudicial distinction in the treatment of different categories of people.
  4. “Employee” refers to a person employed for wages or salary.
  5. “Employer” refers to a person or organization that employs people.
  6. “Job applicant” refers to a person who has made a formal application of employment.
  7. “Promote” refers to moving a person to a higher position of authority.
  8. “Race” refers to a group of persons related by common descent or heredity.
  9. “Sexual orientation” refers to a person's romantic, physical or sexual attraction to other persons on the basis of gender. A continuum of sexual orientation exists and includes, but is not limited to, heterosexuality, homosexuality, bisexuality, asexuality, and pansexuality.

• Section 2. PROTECTED CHARACTERISTICS
  1. Age;
  2. Marital status;
  3. Pregnancy status;
  4. Physical or mental disabilities;
  5. Race, including color, nationality, ethnic or national origin;
  6. Religion, belief or lack of religion/belief;
  7. Gender;
  8. Sexual orientation.

• Section 3. PROVISIONS
  1. 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.
  2. An employer may not dismiss an employee based on any of the employee’s protected characteristics unless so justified under Section 4.
  3. An employer may not promote or demote an employee based on any of the employees protected characteristics unless so justified under Section 4.
  4. 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.
  5. An employer may not request details of any job applicant’s protected characteristics unless so justified under Section 4.
  6. Violating Section 3 (A), (B), (C), (D) or (E) is deemed an offense in terms of this Ordinance, therefore, 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, and such offense shall be recorded as “employment discrimination.”

• Section 4. EXCEPTIONS
  1. Employers are exempt from 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.
  2. Employers are exempt from 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.
  3. Circumstances in which violations of Section 3 (A), (D) and (E) are exempt include;
     1. 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.
     2. 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.

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______________________ Eugene Park President Pro Tempore San Andreas State Senate

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