Transmittal - 4/9/2022ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________
Rachel Otto, Chief of Staff
Date Received: 4/7/22
Date Sent to Council:
TO: Salt Lake City Council DATE: 4/5/2022
Dan Dugan, Chair
FROM: Kaletta Lynch, Chief Equity Officer, Office of Equity and Inclusion _____________
SUBJECT: Convention on the Elimination of all Forms of Discrimination Against Women
(CEDAW)/Gender Equity Ordinance
STAFF CONTACTS: Moana Uluave-Hafoka, Equity Manager, moana.uh@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Draft an ordinance amending Chapter 10.01 to include Section
10.01.020 and enacting Chapter 10.08 of the Salt Lake City Code pertaining to Gender Equity.
BUDGET IMPACT: Proposal for Salt Lake City based on populaton of women at 0.10 cents per
woman who lives in Salt Lake City. According to the 2020 Census (48.5% of 200,963 Salt Lake City
residents = 97,467 women), this budget proposal is just under $10,000.
BACKGROUND/DISCUSSION: For the last decade, the Human Rights Commission has actively
pursued research and policy recommendations to improve the lives of women and girls in Salt Lake
City by implementing the principles of CEDAW or the Convention on the Elimination of all Forms
of Discrimination Against Women. This proposed ordinance requires an intersectional gender
analysis be conducted every five years, establishes an oversight personnel with the Chief Equity
Officer (who will work in conjunction with the volunteer-based Human Rights Commission),
recommends funding to support the intersectional gender equity analysis, and requires the city have
a compensation policy on equal pay for equal work.
NOTES:
•Kaletta Lynch, Chief Equity Officer, and Moana Uluave -Hafoka, Equity Manager, plan to
attend VIRTUALLY to present this ordinance proposal.
•The Human Rights Commission reviewed this proposed ordinance and unanimously voted
to support it.
rachel otto (Apr 9, 2022 20:11 MDT)
04/09/2022
SALT LAKE CITY ORDINANCE
No. _____ of 2022
(An ordinance enacting Chapter 10.08 of the Salt Lake City Code pertaining to gender equity)
An ordinance enacting Chapter 10.08 of the Salt Lake City Code pertaining to the gender
equity.
WHEREAS, in 2016 Salt Lake City (the “City”) issued Resolution No. 9 of 2016 (the “2016
Resolution”), a joint resolution in support of Cities for CEDAW Initiative;
WHEREAS, the Salt Lake City Council (the “Council”) desires to create a the position of
chief equity officer for the purposes identified herein;
WHEREAS, the Council desires to implement locally the principles of the United Nations
Convention of the Elimination of All Forms of Discrimination Against Women (“CEDAW”);
WHEREAS, there is a continued need for the City to protect the human rights of women and
girls by addressing discrimination, including violence against women and girls, and to implement
locally the principles of CEDAW. There is a need to analyze the operations, policies, and programs
of the City to identify opportunities to advance towards the elimination of discrimination against
women and girls;
WHEREAS, the Salt Lake City Council finds it is determined to implement the principles set
forth in the Declaration on the Elimination of Discrimination Against Women and adopt measures
necessary for the elimination of discrimination in all its forms and manifestations and hereby
expresses its intent to agree to the following articles:
Article 1: Defines discrimination against women as any “distinction, exclusion, or
restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of marital status, on the basis of
equality between men and women, of human rights or fundamental freedom in the political,
economic, social, cultural, civil, or any other field.”
Article 2. Mandates concrete steps, implementing laws, policies and practices to
eliminate discrimination against women and embody the principle of equality.
Article 3. Requires action in all fields political, economic, social, and cultural to advance
the human rights of women.
Article 4. Permits affirmative action measures to accelerate equality and eliminate
discrimination.
Article 5. Recognizes the role of culture and tradition and calls for the elimination of sex
role stereotyping.
Article 6. Requires suppression of traffic in women and exploitation of prostitutes.
Article 7. Mandates ending discrimination against women in political and public life.
Article 8. Requires action to allow women to represent their governments internationally
on an equal basis with men.
Article 9. Mandates that women will have equal rights with men to acquire, change or
retain their nationality and that of their children.
Article 10. Obligates equal access to all fields of education and the elimination of
stereotyped concepts of the roles of men and women.
Article 11. Mandates the end of discrimination in the field of employment and recognizes
the right to work as a human right.
Article 12. Requires steps to eliminate discrimination from the field of health care,
including access to family planning. If necessary, these services must be free of charge.
Article 13. Requires that women be ensured equal access to family benefits, bank loans,
credit, sports and cultural life.
Article 14. Focuses on the particular problems faced by rural women.
Article 15. Guarantees equality before the law and equal access to administer property.
Article 16. Requires steps to ensure equality in marriage and family relations.
Article 17. Calls for the establishment of a committee to evaluate the progress of the
implementation of CEDAW.
Article 18. Sets forth elements of the operation of the treaty; and
WHEREAS, the Salt Lake City Council finds that adopting this ordinance promotes the
health, safety, and public welfare of the citizens of the City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Text of Salt Lake City Code Chapter 10.01. That Chapter 10.01
of the Salt Lake City Code shall be and is hereby amended to read as follows:
CHAPTER 10.01
EQUITY AND INCLUSION
SECTION:
10.01.010: Purpose
10.01.020: Chief Equity Officer
10.01.010: PURPOSE:
It is the intent and purpose of this title to protect the human rights of the citizens of the city of
Salt Lake (the "city"). The city is comprised of diverse and varied groups, communities, and
individuals. Protection of human rights is critical therefore to the general welfare of the city. The
provisions of this title are to be liberally construed to achieve that purpose
10.01.020: CHIEF EQUITY OFFICER
A. This Section hereby establishes the position of chief equity officer. The Mayor shall appoint,
with advice and consent of the city council, a chief equity officer.
B. Among other responsibilities, the chief equity officer shall:
• Make equity and inclusion policy and strategy recommendations to the Mayor.
• Work with city departments and consultants to help ensure all programs and services
include an equity tool and are being designed using an equity lens.
• Oversee the development and implementation of a citywide equity master plan.
• Oversee the development and implementation of a citywide language access policy,
which shall include a plan for contracting with interpretation and translation services.
• Provide administrative support to the racial equity in policing commission, the human
rights commission, and the accessibility and disability commission.
• Perform the functions identified in Section 10.08.030.
SECTION 1. Enacting the Text of Salt Lake City Code Chapter 10.08. That Chapter 10.08 of
the Salt Lake City Code shall be and is hereby enacted to read as follows:
CHAPTER 10.08
GENDER EQUITY
SECTION:
10.08.010: Purpose
10.08.020: Definitions
10.08.030: Intersectional Gender Analysis and Action Plan
10.08.040: Gender Discrimination
10.08.050: Equal Pay without Regard to Gender
10.08.010: PURPOSE:
It shall be the goal of the city to address discrimination against women and girls. In doing so, the
city aspires to achieve the principles identified in CEDAW. This Chapter provides for methods
in which the city can identify practices and policies and implement changes to help further the
following goals of CEDAW:
A. ECONOMIC DEVELOPMENT
1. Look for ways to improve the city’s commitment to the elimination of discrimination
against women and girls in the city in economic opportunities, including, but not limited
to:
a. employment opportunities, including the application of the same criteria for
selection in matters of employment and the right to receive access to
vocational training for nontraditional jobs;
b. promotion, job security and all benefits and conditions of service,
regardless of parental status, particularly encouraging the appointment of
women to decision-making positions, city revenue generating posts, and
managing commissions and departments;
c. equal renumeration, including benefits and equal pay with respect to work
of equal value;
d. protection of heath and safety in working conditions, including supporting
efforts not to purchase sweatshop good and slavery-produced goods, regular
inspection of work premises, protection from harassment and violent acts in
workplaces, and reasonable accommodations for pregnant and nursing
mothers;
e. Encourage and, where possible, support the necessary social services to
enable all people to combine family obligations with work responsibilities and
participation in public life, in particular, through promoting the establishment
and development of an accessible, affordable, and qualify network of child
care facilities, paid family leave, and family-friendly policies;
f. Promote access to safe and affordable housing and transportation; and
g. Encourage the use of public education and all other available means to urge
financial institutions to facilitate women’s access to bank accounts, loans,
mortgages, and other forms of financial services.
B. VIOLENCE AGAINST WOMEN AND GIRLS
1. Look for opportunities to pursue appropriate measures to prevent and redress sexual and
domestic violence and trafficking of women and girls, including, but not limited to:
a. Enforcement of criminal and civil remedies;
b. Seek resources and encourage ways for survivors to receive appropriate protective and
supportive services, including, but not limited to medical, counseling, shelter,
rehabilitation programs, and hotline services;
c. Provide gender sensitive training for city employees regarding sexual and domestic
violence and trafficking of women and girls; and
d. Identify ways for perpetrators of violence against women and girls to receive
rehabilitative services.
2. Study how issues of labor trafficking, sexual exploitation and trafficking, and domestic
servitude affect the city; and
3.Identify means in which the city can help identify how city construction projects are
designed to promote the safety of women and girls.
C. EDUCATION
1. Support schools in the city in delivering access to high quality education; and
2. Develop and manage out of school recreational programs in an equitable manner.
D. DELIVERY OF CITY SERVICES
1. Gender equity shall permeate every level of city operations- as leaders, employers,
and service providers; and
2. City services shall be delivered using a gender equity lens.
10.08.020: DEFINITIONS:
Unless otherwise specified, the following terms as used in this chapter shall have the following
meaning:
CITY: Salt Lake City
DISAGGREGATED DATA: information collected and analyzed by enumerated categories in
order to identify the disparities existing between women and men. These categories shall include,
to the extent permitted by law, sex, race, immigration status, parental status, language, sexual
orientation, disability, age and other attributes. This data will be collected in a manner that will
facilitate intersectional analysis.
DISCRIMINATION AGAINST WOMEN: any difference in treatment based on race, color,
religion, ancestry, national origin, place of birth, sex, sexual orientation, gender identity or
expression, familial status, age, handicap or disability, or use of support animals, as specified.
GENDER: the ways society produces, positions, and polices women and men as “opposite,”
mutually exclusive, natural categories of persons, and organizes ideas, interactions, and roles on
the basis of presumed differences that establish hierarchies between women and men and among
people.
GENDER ANALYSIS: an intersectional examination of the cultural, economic, social, civil,
legal, and political relations between women and men within a certain entity, recognizing that
women and men and different aspects of social identify prescribe and proscribe different social
roles, responsibilities, opportunities, and needs for people, and that these differences, which
permeate our society, affect how decisions, including budgetary decisions, and policy are made.
GENDER EQUITY: the redress of discriminatory practices and the establishment of conditions
enabling women to achieve full equality with men, recognizing that needs of women and men
may differ, resulting in fair and equitable outcomes for both. “Gender equity” shall further mean
the redress of discriminatory practices and establishment of conditions enabling all persons
identifying as transgender, non-binary, and gender non-conforming to achieve full equality.
HUMAN RIGHTS: the rights every individual possesses that are intended to improve the
conditions in society that protect each person’s dignity and well-being and the humanity of all
people.
RACIAL DISCRIMINATION: shall mean any distinction, exclusion, restriction or preference
based on race, color, descent, or national or ethnic origin, which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human
rights and fundamental freedoms in the political, economic, social, cultural or any other field of
public life.
SEX: the gender of a person, as perceived, presumed or assumed by others, including those who
are changing or have changed their gender identification.
VIOLENCE AGAINST WOMEN AND GIRLS: any act of gender-based violence that results in,
or is likely to result in, physical, sexual or psychological harm or suffering to women and girls,
including threats of those acts, coercion or arbitrary deprivation of liberty, whether occurring in
public or in private life, including Domestic Violence.
WOMEN: all persons who identify with the sex category woman, whether or not assigned to that
category at birth.
WORK OF EQUAL VALUE: that individuals in the same workplace be given equal pay and
that there shall be no direct or indirect gender discrimination in relation to employment
conditions including pay, benefits, and total compensation. Work of equal value can be
determined by comparing job requirements, such as the level of skill, effort, decision-making,
responsibility, and working conditions, as well as any other relevant criteria.
10.08.030: Intersectional Gender Analysis and Action Plan
A. As a tool for assessing the success of the city in implementing locally the principles of
CEDAW identified in Section 10.08.010, the chief equity officer shall ensure that each
department of the city undergo an intersectional gender analysis and develop an action
plan.
B. The intersectional gender analysis shall include:
1. The collection of intersectionally disaggregated data; and
2. An evaluation of gender equity in the city’s operations, including budget allocations,
delivery of direct and indirect services, and employment practices, and the city’s
integration of the local principles of CEDAW.
C. After the completion of an intersectional gender analysis, selected departments with the
support of the chief equity officer shall develop an action plan that contains specific
recommendations on how it will make efforts to correct deficiencies identified in the
gender analysis.
D. The chief equity officer shall provide a report on its intersectional gender analysis and
department action plans to the human rights commission, the mayor, and the city council.
E. The chief equity officer shall develop a five-year citywide action plan.
F. The five-year citywide action plan shall address how to integrate the local principles of
CEDAW, the deficiencies found in the gender analysis and the measures recommended
to correct the deficiencies.
G. The chief equity officer shall present the five-year citywide action plan to the human
rights commission, the mayor, and the city council.
10.08.040: Gender Discrimination
Discrimination and harassment on the basis of gender is prohibited in accordance with applicable
law. The city shall provide for a process in which an employee may file a complaint of gender
discrimination or harassment.
10.08.050: Equal Pay without Regard to Gender
The city shall have a compensation policy premised on equal pay for equal work, without regard
to gender.
10.08.060: Enforcement of the Ordinance
In undertaking the enforcement of this Chapter, the city is assuming an undertaking only to
promote the general welfare. The City is not assuming, nor is it imposing on its officers and
employees, an obligation, the breach of which creates any liability in money damages to any
person who claims that the breach proximately caused the injury. This Chapter does not create
any private cause of action.
SECTION 6. Effective Date. This Ordinance take effect immediately after it has been
published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code
§10-3-713.
Passed by the City Council of Salt Lake City, Utah this _______ day of
______________, 2022.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2022.
Published: ______________.
4/4/2022