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The City of Portland ordains:

 Section 1. The Council finds:

1. Historically, family definitions in law and policy have often failed to meet the needs of families in the United States, and they frequently fall short today. People have a broad array of loved ones who are central to their notions of family and caregiving, who are outside of narrow definitions of “family.”  
    
2. In particular, LGBTQIA2S+ individuals and families continue to experience the collateral consequences of narrow family definitions in local, state, and federal policy and would gain significantly from more inclusive definitions of family in workplace leave policies. Even today, LGBTQIA2S+ people too often face extreme stigma within their biological families and communities. In the face of this non-acceptance or outright rejection, many LGBTQIA2S+ individuals forge close relationships with friends and informal support networks—known as chosen families.
    
3. The close affinity language proposed in the amendments to HRAR 6.04(B) and 6.10(A) honors the diverse reality of modern families and comes with significant legal precedent. During the Vietnam War, federal regulations were amended to allow federal employees to take funeral leave for the combat-related death of immediate relatives, including anyone they were related to by “blood or affinity whose close association with the employee [was] the equivalent of a family relationship.” Similar language is also included in the Oregon Paid Family Medical Leave Act, which went into effect this year.
    
4. The proposed HRAR rule revisions were made to incorporate feedback from the Queer Alliance ERG and an Oregon/Washington law compliance review and were made interim rules in June and July 2022. This ordinance finalizes those expired interim rules. A redline version can be reviewed in Exhibit E. 
    
5. Additionally, amendments to HRAR 2.01, Equal Employment Opportunity (EEO)/ Affirmative Action, clarify and expand protected class categories in conformity with Washington and Oregon law, reflecting the obligations of our hybrid work environment. The amendments reflect protected class categories including traits historically associated or perceived to be associated with race, such as hair texture and protective hairstyles (e.g., afros, braids, locks and twists); ancestry; use of a trained dog guide or service animal; gender expression; pregnancy (including an employee’s potential to get pregnant, pregnancy-related conditions and childbearing); and unlawful discrimination on the basis of citizenship or immigration status.
    
6. Amendments to HRAR 6.04(B), Sick Leave, expand the definition of family member to match that of HRAR 6.08 and Paid Leave Oregon, to continue to ensure our Human Resource policies recognize and meaningfully include the diverse realities of all our employees’ families.
    
7. Modifications to HRAR 6.10(A), Leave for Victims of Domestic Violence, Sexual Assault, or Stalking, matches HRAR 6.04(B), 6.08 and Paid Leave Oregon, expanding the definition of family member to be more inclusive and unifying the City’s definition of family member under its many leave rules. The modifications also adjust our rule to conform to Washington law.

NOW, THEREFORE, the Council directs: 

1. Human Resources Administrative Rule 2.01, Equal Employment Opportunity (EEO)/ Affirmative Action, is hereby amended in accordance with Exhibit A, effective June 14, 2023.
2. Human Resources Administrative Rule 6.04(A), Sick Leave, is hereby amended in accordance with Exhibit B, effective June 14, 2023.
3.  Human Resources Administrative Rule 6.04(B), Sick Leave, is hereby amended in accordance with Exhibit C, effective June 14, 2023.
4. Human Resources Administrative Rule 6.10(A), Leave for Victims of Domestic Violence, Sexual Assault, or Stalking, is hereby amended in accordance with Exhibit D, effective June 14, 2023.

Section 2. The Council declares that an emergency exists in order to avoid continued conflict with State of Washington law; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.