San Francisco County Municipal Code Art. 131 Nondiscrimination in Contracts

AND EQUAL BENEFITS REQUIREMENTS* Sec. 131.1. General Provisions. Sec. 131.2. Scope of Article. Sec. 131.3. Definitions. Sec. 131.4-1. Requirements and Obligations Relating to Nondiscrimination in Contracts. Sec. 131.4-2. Requirements and Obligations Relating to Provision of Benefits.

Sec. 131.5. Administration and Remedies. Sec. 131.6. Waivers and Exceptions. Sec. 131.7. Superseding Authority. Sec. 131.8. Severability.

*Editor’s Note: Former Administrative Code Chapter 12B (“Nondiscrimination in Contracts”) was redesignated as Labor and Employment Code Article 131, consisting of Sections 131.1 through 131.7, by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024. Labor and Employment Code Articles 131 and 132 were subsequently replaced by a new Article 131 (“Nondiscrimination in Contracts and Equal Benefits Requirements”), consisting of Sections 131.1 through 131.9 which incorporate parts of the previous Articles 131 and 132, by Ord. 192-25, File No. 250192, approved October 16, 2025, effective November 16, 2025, and operative April 1, 2026.

(a) Name of Article. This Article shall be known as the “Nondiscrimination in Contracts and Equal Benefits Ordinance.” (b) Findings. In adopting Section 131.4-2, the intent of the Board of Supervisors is to equalize to the maximum extent legally permitted the total compensation between similarly situated employees with spouses and employees with domestic partners. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026) (Former Sec. 131.1 added as Administrative Code Sec. 12B.1; amended by Ord. 489-86, App. 12/18/86; Ord. 433-94, App. 12/30/94; Ord. 215-96, App. 5/30/96; Ord. 440-96, App. 11/8/96; Ord. 481-96, App. 12/20/96; Ord. 201-97, App. 5/27/97; Ord. 286-97, App. 7/18/97; Ord. 255-99, File No. 991146, App. 10/8/99; Ord. 101-00, File No. 000476, App. 5/26/2000; Ord. 250- 22, File No. 220702, App. 12/16/2022, Eff. 1/16/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; replaced by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026)

(a) Federal or State Law Preemption. The requirements of this Article 131 shall not be in effect in the event they would conflict with federal or State laws, or the City Attorney determines they are reasonably likely to do so. Nothing in this Article shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or State law. (b) Grant or Subvention. If the requirements of this Article 131 would violate or are inconsistent with the terms or conditions of a grant, subvention, or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention, or agreement, the requirements of this Article shall not be in effect. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026) (Former Sec. 131.7 added as Administrative Code Sec. 12B.6; amended by Ord. 261-66, App. 10/21/66; Ord. 286-97, App. 7/18/97; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; replaced by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026)

If any section, subsection, sentence, clause, phrase, or word of this Article 131, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026)

(a) Operative Date. This Article 131 shall become operative on April 1, 2026 and shall have prospective effect only. (b) Sunset. Unless extended by ordinance, this Article 131 shall expire by operation of law on April 1, 2036. After the expiration, the City Attorney shall be authorized to cause this Article to be removed from the Labor and Employment Code. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026)