Employee Request for Investigation of Chapter 12B Equal Benefits Compliance Violation

Employee Request for Investigation of Chapter 12B Equal Benefits Compliance Violation

The Equal Benefits provisions of Chapter 12B of the San Francisco Administrative Code prohibit the City and County of San Francisco from contracting with vendors that discriminate in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees. Once the City has spent more than $5,000 with a vendor in any one-year period, the vendor must comply with the Chapter 12B Equal Benefits Ordinance if the vendor ever wants to qualify to do business again with the City.

Domestic Partner Definition

  • Domestic Partners are same-sex and opposite-sex couples registered with any state or local government agency authorized to perform such registrations.
  • Requirements for proof of domestic partnership, such as a waiting period to establish eligibility, must also be applied to marriages. Domestic partner registry certificates must be recognized as fully equivalent to marriage certificates.

Employees of firms that do business with the City and County of San Francisco may submit a request to the Equal Benefits Unit when there is reason to believe benefits are not equally available to domestic partners and spouses. The Equal Benefits Unit will review the request and may perform an audit to determine whether the City vendor complies with the Equal Benefits Ordinance.

Following are examples of circumstances that may indicate that a City vendor is not offering employee benefits equally:

  • Benefits are offered to spouses but not domestic partners.
  • Benefits are offered to same-sex domestic partners but not opposite-sex domestic partners.
  • The definition of domestic partner the firm uses does not comply with the Chapter 12B Equal Benefits Ordinance as shown above.
  • The domestic partner’s family members and the spouse’s family members are not recognized equally in the firm’s benefit policies.

If you have reason to believe that your firm is not offering benefits according to the Equal Benefits provisions of Chapter 12B of the San Francisco Administrative Code, you may submit an Employee Request for Investigation of Chapter 12B Equal Benefits Compliance Violation.

Submit a completed form and any relevant evidence to support an investigation of failure to offer benefits equally to:

CMD.EqualBenefits@sfgov.org
or
Contract Monitoring Division
30 Van Ness Avenue, Suite 200
San Francisco, CA 94102

For more information, you may also call 415-581-2310. 

Employee Request for Investigation of Chapter 12B Equal Benefits Violation