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San Francisco Releases New Employment Discrimination Posting

The City of San Francisco’s Human Rights Commission released a new posting required for all employers with a business tax registration certificate from the City or that hold contracts with the City.

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The new San Francisco workplace discrimination notice informs employees and independent contractors that employers and persons engaging the services of an independent contractor are prohibited from discriminating against protected persons during recruitment, hiring, training, promotion and termination.

The posting points out that retaliation for filing complaints of discrimination is illegal and the employers must provide reasonable accommodation for persons with disabilities. Additionally, the posting reiterates that City contractors must offer equal benefits to employees with domestic partners.

Which San Francisco Workers are Protected from Employment Discrimination?

Article 33 of the San Francisco Police Code prohibits employers from taking adverse employment action against protected classes of individuals based on:

  • Race / Color / National origin / Place of birth
  • AIDS/HIV
  • Marital status
  • Ancestry
  • Sex
  • Age
  • Religion / Creed
  • Disability
  • Sexual orientation / Gender identity
  • Weight / Height

An employer commits unlawful discrimination by refusing to hire, firing, under-compensating, or making less favorable terms of employment for workers protected by the Article.

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San Francisco City Posters

The GovDocs San Francisco City Poster Package includes postings by required for employers and businesses providing contracted services to the City of San Francisco:

  • San Francisco Minimum Wage (6-Language version)
  • San Francisco Paid Sick Leave (6-Language version)
  • San Francisco No Smoking
  • San Francisco Health Care Security Ordinance (6-Language version)
  • San Francisco Family Friendly Workplace (6-Language version)
  • San Francisco Fair Chance Ordinance posting
  • San Francisco Employment Discrimination is Against the Law

Subscribers to the GovDocs blog can use coupon code BLOG20 to save 20% on the San Francisco City Poster Compliance Package.

City Postings in the U.S.

Currently more than 40 cities require postings for some or all employers, and GovDocs monitors more those and a dozen more cities in the U.S. for new postings and posting updates. City posting coverage is just another reason why North America’s largest employers trust GovDocs for ongoing posting compliance.

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Beauty and the Briefs

The Northern District Court Illinois ruled that an attorney who was told she wasn’t “pretty enough” has grounds for damages in a case of age discrimination and whistleblower retaliation.

The City of Evanston, Illinois, population 75,000, is located just 12 miles north of Chicago, and the City apparently has an abundance of attractive attorneys.

Among several complaints of ageism and sexism leveled against the City, former Assistant City Attorney Elke Tober-Purze revealed that one male supervisor told her that previous female attorneys hired by the City were smart, good-looking (“just gorgeous”), and that these attractive attorneys wore tight sweaters and short skirts.

The supervisor further claimed that Tober-Purze was “not that pretty”.

Pretty or not, Tober-Purze received regular promotions, sufficient performance reviews, and no disciplinary actions, and yet she received a lower salary that her male counterparts. Despite Tober-Purze’s relevant experience and the experience of other females on staff, the City went outside of its existing employees to hire a younger male, W. Grant Farrar, as its City Attorney.

Additionally, the City is alleged to have a penchant for terminating older female employees and replacing them with younger workers.

Things got even uglier when Tober-Purze requested a vacation accrual payment, consistent with the City’s policy. Her supervisor told her she would lose a quarter of her accrued time, and he warned her against making a complaint regarding the lost hours.

Tober-Purze filed a complaint with the Illinois Department of Labor (IDOL), and shortly after the City received notification of the complaint, Tober-Purze was terminated for “ongoing performance issues” and for her complaint with the IDOL.

Tober-Purze’s case made four claims:

  • Sex discrimination, in violation of Title VII of the Civil Rights Act.
  • Age discrimination, in violation of the Age Discrimination in Employment Act (ADEA).
  • Violation of the Illinois Wage Payment and Collection Act, for failure to pay vacation and sick time.
  • Violation of the Illinois Wage Payment and Collection Act for unlawful retaliation.

The court found that, among other items, Tober-Purze had successfully triggered protection under the ADEA by proving she:

  • Was more than forty years old.
  • Performed her job according to employer expectations.
  • Suffered an adverse employment action.
  • Was treated less favorably than similarly situated and younger employees.