§ 22-26. Generally.  


Latest version.
  • (a)

    The general purpose of this article is to secure for all individuals within Orange County the freedom from discrimination because of age, race, color, religion, national origin, disability, marital status, familial status, sex, or sexual orientation in connection with employment, and thereby to promote the interests, rights and privileges of individuals within Orange County.

    (b)

    Nothing in this article shall be construed to limit an employer, employment agency or labor organization from taking adverse action against an individual because of a charge of harassment against that individual, provided that rules and policies on harassment, including when adverse action is taken, are designed for, and uniformly applied to, all individuals regardless of age, race, color, religion, national origin, disability, marital status, familial status, or sexual orientation.

    (c)

    Nothing in this article shall be construed to establish a discriminatory practice based on sex due to the denial of access to restrooms, shower rooms and similar facilities which are by their nature simply private, provided that the employer, employment agency or labor organization provides reasonable access to adequate facilities that are not inconsistent with the employee's sex as established with the employer, employment agency or labor organization at the time of employment or upon written notification to the employer, employment agency or labor organization that the employee has undergone or is undergoing sex or gender transition, whichever is later.

    (d)

    Nothing in this article shall be construed to require the construction of new or additional facilities.

    (e)

    Nothing in this article shall prohibit an employer, employment agency or labor organization from requiring an employee, during the employee's hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of federal, state, or local law, provided that the employer, employment agency or labor organization permits any employee who has undergone sex or gender transition prior to the time of employment, and any employee who has provided written notification to the employer, employment agency or labor organization that the employee has undergone or is undergoing sex or gender transition after the time of employment, to adhere to the same dress or grooming standards for the sex or gender to which the employee has transitioned or is transitioning.

    (f)

    Nothing in this article shall be construed to require an employer, employment agency or labor organization to treat an unmarried couple in the same manner as the employer, employment agency or labor organization treats a married couple for the purposes of employee benefits; provided, however, that nothing in this article shall be construed to prohibit an employer, employment agency or labor organization from adopting its own internal policies and rules to treat an unmarried couple in the same manner as the employer, employment agency or labor organization treats a married couple.

    (g)

    Nothing in this article shall be construed to repeal or modify any federal, state, or local law creating a special right or preference concerning employment for a veteran.

(Ord. No. 2010-15 , § 3, 11-23-10)