Passed December 1994. (The text below is just an excerpt of the pertinent part of the ordinance. Note the definition of gender identity in SEC. 12A.3 below).
San Francisco Ordinance No. 433-94
AMENDING ARTICLE 33 OF THE SAN FRANCISCO POLICE CODE BY AMENDING SECTIONS 3301, 3302, 3303, 3304, AND 3305 THEREOF TO PROHIBIT DISCRIMINATION BASED ON GENDER IDENTITY IN EMPLOYMENT, PUBLIC ACCOMMODATIONS, AND HOUSING AND ADDING SECTION 3312 THERETO TO LIMIT CITY LIABILITY TO INCARCERATED PERSONS FOR CLAIMS ARISING FROM THE CITY'S DUTY TO PROTECT THE HEALTH AND SAFETY OF SUCH PERSONS AND AND AMENDING CHAPTERS 12A, 12B, AND 12C OF THE SAN FRANCISCO ADMINISTRATIVE CODE BY AMENDING SECTIONS 12.A.1, 12.A.2, 12.A.3, 12.A.4, 12.A.5, 12.B.1, 12.B.2, 12.C.1, 12.C.2, AND 12.C.3 THEREOF TO ADD GENDER IDENTITY DISCRIMINATION TO THE MISSION OF THE HUMAN RIGHTS COMMISSION AND TO PROHIBIT DISCRIMINATION ON THE BASIS OF GENDER IDENTITY IN CITY CONTRACTS.
NOTE: Additions are underlined; deletions are in ((double parentheses)). Be it ordained by the people of the City and County of San Francisco.
Section 1, Article 33 of the San Francisco Police Code is hereby amended by amending the title and Sections 3301, 3302, 3303, 33-4, and 3305 to read as follows:
PROHIBITING DISCRIMINATION BASED ON RACE, RELIGION, COLOR, ANCESTRY, AGE, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY OR PLACE OF BIRTH.
SEC. 3301. POLICY. It is the policy of the City and County of San Francisco to eliminate discrimination based on race, religion, color, ancestry, age, sex, sexual orientation, gender identity or place of birth within the City and County.
SEC. 3302. FINDINGS. After public hearings and consideration of testimony and documentary evidence, the Board of Supervisors finds that discrimination based on race, religion, color, ancestry, age, sex, sexual orientation, gender identity, disability or place of birth exists in the City and County of San Francisco.............
SEC. 3303. EMPLOYMENT. (a) Prohibited Activity. It shall be unlawful for any person to do any of the following acts wholly or partially based on race, religion, color, ancestry, age, sex, sexual orientation, gender identity, disability or place of birth of an employee or applicant for employment:
(1) By an employer: To fail or refuse to hire, or to discharge an individual; to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, including promotion; or to limit, segregate or classify employees in any way which would deprive or tend to deprive any individual or employment opportunities, or otherwise adversely affect his/her status as an employee.
SEC 3304. HOUSING.......
SEC. 3305. BUSINESS ESTABLISHMENTS AND PUBLIC ACCOMMODATION......
SEC. 3312. CITY LIABILITY LIMITED. The addition of "gender identity" to this ordinance shall not be construed to interfere with the City's duty to protect the health and safety of incarcerated persons. To this end, the prohibition on gender identity discrimination in this ordinance shall not be construed to impose any duty on the City, its officers or its employees for breach of which they are liable to any incarcerated person who claims that such breach proximately caused an injury which arose, while such person was in the custody of the City, from actions of its officers or employees intended to protect the health and safety of the person.
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SEC 12A.3.........
(a) As used in this Chapter, the term:.........
"Gender Identity" shall mean a person's various individual attributes as they are understood to be masculine and/or feminine.