087 of 1998 - Prohibited Employment Practices and Decisions0 98-1
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SALT LAKE CITY ORDINANCE
No. 87 of 1998
(Prohibited employment practices and decisions
in Salt Lake City Government's
Classified Career Service and Civil Service)
AN ORDINANCE ENACTING CHAPTER 2.53 OF THE SALT LAKE CITY
CODE RELATING TO PROHIBITED EMPLOYMENT PRACTICES AND
DECISIONS IN SALT LAKE CITY GOVERNMENT'S CLASSIFIED CAREER
SERVICE AND CIVIL SERVICE.
PREAMBLE
Salt Lake City, as an employer, values equality of opportunity, human
dignity and diversity. Salt Lake City is committed to employment decisions
and practices in its classified career and civil service system which are based
on: merit; an applicant's or employee's abilities and qualifications; or other
job related criteria.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2.53 of the Salt Lake City Code be, and
the same is hereby enacted to read as follows:
Sec. 2.53.010 Purpose.
The purpose of this ordinance is to (a) prohibit employment practices
and decisions relating to Salt Lake City Government's classified career and
civil service that are contrary to State and Federal law; and (b) require
employment decisions regarding employees in these systems to be made
based on merit, a job applicant's or employee's abilities and qualifications, or
on other job related criteria.
Sec. 2.53.020 Covered employees and applicants.
This chapter covers employment practices and decisions relating to
Salt Lake City Government's classified career and civil service systems.
"Classified career and civil service systems" means those job positions in
Salt Lake City Government lawfully included in the classified career and civil
service, as defined in Title 10 Chapter 3 of the Utah Code Ann., the Salt
Lake City ordinances and City policies enacted pursuant thereto.
Sec. 2.53.030 Prohibited in employment decisions and practices.
A. Employment decisions and practices in Salt Lake City
Government's classified civil or career service systems that are contrary to
state or federal law are prohibited.
B. Employment decisions and practices in Salt Lake City's
classified career service and civil service system shall be based on job related
criteria.
1 . The term "job related criteria" as used in this chapter
means those criteria necessary or desirable to perform successfully the
job held or sought. The term includes the personal and professional
attributes, qualifications, experience, character, inter -personal skills,
education and training, and those qualifications and skills identified in a
written job description.
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2. The following are not "job related criteria" and shall not
be used as a basis for an employment decision or disciplinary action:
(a) the status of having a lifestyle which is irrelevant to successful job
performance; and (b) the status of being in or outside of an adult
interpersonal relationship or a family relationship.
3. Nothing in this section shall prevent Salt Lake City from
taking disciplinary action with respect to classified career service or
civil service employee where there exists a reasonable nexus between
an act or failure to act that: (a) adversely affects job performance; (b)
disrupts the workplace; (c) undermines the authority of management;
(d) impairs close working relationships essential to the efficiency of the
workplace; or (e) otherwise impedes a safe, efficient or effective work
environment.
Sec. 2.53.040 Permitted practices.
It is not a prohibited practice under this chapter to observe the terms
and conditions of any bona fide employment benefit plan, such as a
retirement, pension or insurance plan.
Sec. 2.53.050 Retaliation or harassment.
Retaliation or harassment against a person because a person filed a
claim or participated in an investigation under this chapter is prohibited.
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Sec. 2.53.060 Remedies and relief.
A. If there has been a violation of this chapter, corrective, curative,
or preventive action shall be taken to ensure that violations of this chapter,
similar to those found, will not recur.
B. If an applicant for a position or an employee in the Salt Lake
City government's classified career and civil service systems has been the
subject of an employment decision or practice done in violation of this
chapter, the applicant or employee shall be provided relief, which may
include the following:
1 . The applicant may be offered the position the applicant
would have occupied absent the violation or, if justified by the
circumstances, a substantially equivalent position, unless the evidence
indicates that the applicant would not have been selected even absent
the violation;
2. Cancellation of an unwarranted employment action;
3. Restoration of the employee to the position the employee
would have occupied absent the violation; and
4. Adverse matters relating to an employment decision or
practice in violation of this chapter shall be expunged from the
applicant's or employee's personnel records.
SECTION 2. EFFECTIVE DATE. This ordinance shall become effective
on the date of first publication.
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Passed by the City Council of Salt Lake City, Utah, this 17th day of
November , 1998.
CHAIRPER N
ATTEST:
(A/41,64(
HIEF D PUTY CI _(Y RECORDER
Transmitted to the Mayor on November 17, 1998,
Mayor's Action: xxx Approved. Vetoed.
ATTEST:
F DEPUTY CITY R CORDER
Bill No. 87 of 1998.
Published: November 26, 1998.
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