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343 Appendix B Legal Briefs This section provides a brief look at the actual legal language used to prohibit weight discrimination in sample jurisdictions. Laws prohibiting weight discrimination are known to exist in only a handful of places, including the following U.S. locations: the State of Michigan; Washington, D.C.; Madison, Wisconsin; and the California cities of Santa Cruz and San Francisco. Below are excerpts of the San Francisco and Michigan laws. In addition, the complete Compliance Guidelines for the San Francisco ordinance are included. The Guidelines themselves have the full force of law in the City and County of San Francisco. Pay particular attention to the definitions of height and weight used by the City and County of San Francisco (as provided in the Guidelines), which were crafted to avoid discrimination based, among many things, on the places where fat is located on the body. 1. Excerpt from San Francisco Municipal Code Chapter 12 A and B SEC. 12A.1. FINDINGS. The population of this City and County is composed of people of various racial, religious and ethnic groups. In this City and County the practice of discrimination on the actual or perceived grounds of race, religion, color, ancestry, age, sex, sexual orientation , gender identity, disability, weight, height or place of birth and the exploitation of prejudice related thereto adversely affects members of minority groups. Such discriminatory practices are inimical to the public welfare and good order in that they: (a) impede social and economic progress for the entire citizenry by preventing members of minority groups from achieving full development of their individual potentialities and from contributing fully to the cultural and business life of the community; (b) constantly frustrate, degrade and embitter members of minority groups, thereby diminishing their initiative and interests in the community; and (c) tend to create intergroup hostilities and antisocial behavior. The products of discrimination accumulate continuously, with the result that the social, economic and educational gaps between those suffering discrimination and the majority of the community constantly widen. As a result, mere prohibition of future and present discrimination, while essential, will not reduce the inequalities and 344 Appendix B disadvantages which a history of discrimination has produced. Accordingly, affirmative remedial action must be initiated, encouraged and coordinated. Experiences of other urban centers throughout the nation have proved the need for and effectiveness of commissions empowered to study community race relations problems, to work with interested citizens to develop programs to ameliorate tensions and reduce cultural, social and economic disadvantages and to encourage and coordinate implementation of such programs consistent with the needs and rights of members of both the majority and the minority. A substantial number of the aforementioned evils in this City and County are beyond the regulation of applicable State law, and insofar as State law is applicable , voluntary compliance therewith should be fostered by a local human relations commission. (Amended by Ord. 75–77, App. 3/4/77; Ord. 433–94, App. 12/30/94; Ord. 255–99, File No. 991146, App. 10/8/99; Ord. 101–00, File No. 000476, App. 5/26/2000.) (Retrieved August 19, 2008, from http://www.municode.com/Resources/gateway. asp?pid=14131&sid=5.) SEC. 12B.1. ALL CONTRACTS AND PROPERTY CONTRACTS TO INCLUDE NONDISCRIMINATION PROVISIONS; DEFINITIONS. (a) All contracting agencies of the City, or any department thereof, acting for or on behalf of the City and County, shall include in all contracts and property contracts hereinafter executed or amended in any manner or as to any portion thereof, a provision obligating the contractor not to discriminate on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome, HIV status (AIDS/HIV status), weight, height, association with members of classes protected under this chapter or in retaliation for opposition to any practices forbidden under this chapter against any employee of, any City employee working with, or applicant for employment with such contractor and shall require such contractor to include a similar provision in all subcontracts executed or amended thereunder. (b) No contracting agency of the City, or any department thereof, acting for or on behalf of the City and County, shall execute or amend any contract or property contract with any contractor that discriminates in the provision of bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pension and retirement benefits or travel benefits as...

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