The ordinance prohibits discrimination based on race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military and veteran status, or any other consideration made unlawful by local, state or federal law.1

In addition to prohibiting discrimination against the classes protected by California and federal law, the ordinance also prohibits discrimination on the basis of “physical characteristics.” A physical characteristic is defined as “a bodily condition or bodily characteristic of any person which is from birth, accident, or disease, or from any natural physical development, or any other event outside the control of that person including height, weight, and individual physical mannerisms.”2

Employers Covered By the Ordinance

The ordinance applies to all employers with five or more employees. It does not apply to religious associations or corporations not organized for private profit.3

Prohibited Acts of Discrimination

The ordinance makes it unlawful for an employer to do any of the following for a discriminatory reason:4

• To fail to hire, refuse to hire or discharge any individual;
• To discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, including promotion;
• To limit, segregate or classify employees in any way which would deprive or tend to deprive any employee of employment opportunities or which would otherwise tend to adversely affect their status as an employee;
• To fail or refuse to refer for employment any individual in such a manner that would deprive an individual of employment opportunities; limit an individual’s employment opportunities; or otherwise adversely affect an individual’s status as a prospective employee or as an applicant for employment;
• To discriminate against an individual in admission to, or employment in, any program established to provide apprenticeship or other job training, including an on-the-job training program;
• To print or publish, or cause to be printed or published any discriminatory notice or advertisement relating to employment; and
• To discriminate in referring an individual for employment, whether the referral is by an employment agency, labor organization or any other person.

Retaliation Prohibited

The ordinance protects individuals against retaliation for exercising any rights under the ordinance.5

Posting Requirements

This ordinance requires employers to post a notice prepared by the city of Santa Cruz.6 The notice must be posted in a conspicuous place where business is conducted. The notice must be posted in both English and Spanish. If more than ten percent of your employees speak a language other than English or Spanish as their native language, you must post the notice in those languages.

The current Santa Cruz Anti-Discrimination Poster can be found on this city webpage.

Enforcement

A person who believes they've been discriminated against in violation of the ordinance must first file a complaint with the city of Santa Cruz and seek to resolve the claim through mediation. The ordinance contains timing and procedural requirements for the mediation process.7 After exhausting the city’s mediation process, an employee can proceed with a civil complaint.8

If an employer maintains a formal written grievance procedure, the ordinance requires an aggrieved employee to go through that procedure before filing a complaint with the city.9

1. Santa Cruz Mun. Code sec. 9.83.010

2. Santa Cruz Mun. Code sec. 9.83.020(12)

3. Santa Cruz Mun. Code sec. 9.83.020(8)

4. Santa Cruz Mun. Code sec. 9.83.030

5. Santa Cruz Mun. Code sec. 9.83.100

6. Santa Cruz Mun. Code sec. 9.83.090

7. Santa Cruz Mun. Code sec. 9.83.120(2)(a)

8. Santa Cruz Mun. Code sec. 9.83.120(2)(b)

9. Santa Cruz Mun. Code sec. 9.83.120(1)