13.29.040 Non-discrimination in provision of benefits.
A. No contractor subject to this chapter pursuant to Section 13.29.030 shall discriminate in the provision of bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pensions and retirement benefits or travel benefits or in the provision of any benefits other than bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pensions and retirement benefits or travel benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees, except as set forth in subsections 13.29.040A.1. and 2., below:
1. In the event that the contractor’s actual cost of providing a particular 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 particular 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 employee benefits if the contractor conditions providing such benefit upon the employee agreeing to pay the excess costs.
2. The contractor shall not be deemed to discriminate in the provision of employee benefits if, despite taking reasonable measures to do so, the contractor is unable to extend a particular employee benefit to domestic partners, so long as the contractor provides the employee with a cash equivalent.
B. Provided that a contractor does not discriminate in the provision of benefits between employees with spouses and employees with domestic partners, a contractor may:
1. Elect to provide benefits to individuals in addition to employees’ spouses and employees’ domestic partners;
2. Allow each employee to designate a legally domiciled member of the employee’s household as being eligible for spousal equivalent benefits; or
3. Provide benefits neither to employees’ spouses nor to employees’ domestic partners.
C. A contractor will not be deemed to be discriminating in the provision of benefits where the implementation of policies ending discrimination in benefits is delayed following the first award of a City contract to a contractor after the effective date of this chapter:
1. Until the first effective date after the first open enrollment process following the date the contract with the City is executed, provided that the contractor submits evidence that it is making reasonable efforts to end discrimination in benefits. This delay may not exceed two (2) years from the date the contract with the City is executed and only applies to benefits for which an open enrollment process is applicable.
2. Until administrative steps can be taken to incorporate nondiscrimination in benefits in the contractor’s infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three (3) months. An extension of this time may be granted at the discretion of the City Manager upon the written request of a contractor, setting forth the reasons that additional time is required.
3. Until the expiration of a contractor’s current collective bargaining agreement(s) where all of the following conditions have been met:
(a) The provision of benefits is governed by one or more collective bargaining agreement(s); and
(b) The contractor takes all reasonable measures to end discrimination in benefits by either requesting that the union(s) involved agree to reopen the agreement(s) in order for the contractor to take whatever steps are necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreement(s); and
(c) In the event that the contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized, in writing by the City Manager, this cash equivalent payment must begin at the time the union(s) refuse to allow the collective bargaining agreement(s) to be reopened, or in any case no longer than three (3) months from the date the contract with the City was executed. This cash equivalent payment shall not be required where it is prohibited by federal labor law.
D. Employers subject to this chapter pursuant to Section 13.29.030 shall give written notification to each current and new employee of their potential rights under this chapter in a form specified by the City. Such notice shall also be posted prominently in areas where it may be seen by all employees. (Ord. 6623-NS § 1, 2001)