Must an employer provide diversity training as a result of the Fairness Ordinance?
A. No, as an explicit requirement. However, cases under this ordinance will likely be analyzed based upon the same legal criteria as discrimination cases based upon other protected characteristics. This means that a prudent employer will operate as if there is an affirmative defense available, the first prong of which is to demonstrate that the employer has exercised reasonable care to prevent and/or appropriately address discrimination or harassment in the workplace. Diversity training can definitely help to establish reasonable care.
