San Francisco County Municipal Code § 31.7 Exercise

(a) It shall be unlawful for an Employer or any other person to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right protected under this Article 31. (b) It shall be unlawful for an Employer or any other person to discharge, threaten to discharge, demote, suspend, or in any manner discriminate or take adverse action against any person in retaliation for exercising rights protected under this Article 31. Such rights include but are not limited to the right to request Lactation Accommodation pursuant to this Article; the right to file a complaint or inform any person about any Employer’s alleged violation of this Article; the right to cooperate with the Agency in its investigations of alleged violations of this Article; and the right to inform any person of his or her possible rights under this Article. (c) Protections of this Section 31.7 shall apply to any person who mistakenly but in good faith alleges violations of this Article 31. (d) Taking adverse action against a person within 90 days of the person’s filing a complaint with the Agency alleging a violation of any provision of this Article 31; of making a request for Lactation Accommodation; of informing any person about an Employer’s alleged violation of this Article; of cooperating with the Agency or other persons in the investigation or prosecution of any alleged violation of this Article; of opposing any policy, practice, or act that is unlawful under this Article; or of informing any person of his or her rights under this Article, shall raise a rebuttable presumption that such adverse action was taken in retaliation for the exercise of one or more of the aforementioned rights. Unless the Employer rebuts the presumption with clear and convincing evidence that the adverse action was solely for a reason other than retaliation, the employer shall be deemed to have violated this Section 31.7. (Added as Police Code Sec. 3300I.7 by Ord. 131-17, File No. 170240, App. 6/30/2017, Eff. 7/30/2017, Oper. 1/1/2018; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)