3.54.050 Non-discrimination in the provision of benefits.
A. The city manager shall not execute or extend any contract with any contractor that discriminates in the provision of employee benefits between employees with domestic partners and employees with spouses, or between the domestic partners and spouses of such employees, subject to the following conditions:
1. In the event the actual cost of providing a certain 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 certain 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 benefits if the contractor conditions providing such benefit upon the employee’s agreeing to pay the excess costs.
2. In the event a contractor is unable to provide a certain benefit, despite taking reasonable measures to do so, the contractor shall not be deemed to discriminate in the provision of employee benefits if the contractor provides the employee with a cash equivalent.
3. A contractor shall not be deemed to be engaging in discrimination in the provision of employee benefits if the contractor provides employee benefits neither to employees’ spouses nor to employees’ domestic partners or on a basis that is unrelated to marital status or domestic partnership status.
B. A contractor shall not be deemed to be engaging in discrimination in the provision of employee benefits when the implementation of policies ending discrimination in employee benefits is delayed following the first award of a contract to a contractor after the operative date of the ordinance codified in 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 employee benefits. This delay may not exceed one year from the date the contract with the city is executed and only applies to employee benefits for which an open enrollment process is applicable.
2. Until administrative steps can be taken to incorporate nondiscrimination in employee benefits in the contractor’s infrastructure. The time allotted for these administrative steps shall apply only to those employee benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the city manager upon 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 employee benefits is governed by one or more collective bargaining agreements;
b. The contractor takes all reasonable measures to end discrimination in employee 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 employee benefits or by ending discrimination in employee 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 employee benefits are not available. Unless otherwise authorized in writing by the city manager, this cash equivalent 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 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.
C. Contractors subject to this chapter shall give written notification to each current and new employee of his or her potential rights under this chapter in a form specified by the city. Such notices shall also be posted prominently in areas where it may be seen by all employees.
D. Contractors shall treat as confidential to the maximum extent allowed by law or the requirements of contractor’s insurance provider any request by an employee for domestic partner or spousal benefits or any documentation of eligibility for domestic partner or spousal benefits submitted by an employee. (Ord. 2004-061 § 1)