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HomeMy WebLinkAboutOrdinance 14344ORDINANCE NO ~ ~/ AN ORDINANCE REVISING AND AMENDING CHAPTER 17, "HUMAN RELATIONS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AME2~IDED, TO PROHIBIT DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION IN PLACES OF PUBLIC ACCOMMODATION, EMPLOYMENT PRACTICES, AND HOUSING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER ORDINANCES, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION, AND PROVIDING AN EFFECTIVE DATE Be rt ordained by the City Council of the City of Fort Worth, Texas that: SECTION I. Chapter 17 "Human Relations" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby revised and amended, and after said revision and amendment shall read as follows ARTICLE I. IN GENERAL Sec 17-1 Public policy declared. It is hereby declared to be public policy of the city that all of its residents and persons subject to its ~unsdiction should enjoy equal freedom to pursue their aspirations and that discnm~nation against any individual or group because of race, creed, color, sex, `~- religion, disability, national ongm, familial status, or sexual orientation is detrimental to the peace, progress and welfare of the city Secs. 17-2--17-15 Reserved. ARTICLE IL HUMAN RELATIONS COMMISSION Sec 17-16 Created, compensation of members. The city council shall appoint citizens to a commission on human relations, which shall be known as the Fort Worth Human Relations Commission. The commission shall be composed of eleven (11) members, who shall be appointed by the city council on an at- large basis and who shall serve in places numbered 1 through 11 Each member of the commission shall be a resident of the city As nearly as is reasonably possible, the membership shall be fairly representative of the population of the city The members of the human relations commission shall serve without compensation. Sec 17-17 Terms of members, filling vacancies. Each member of the human relations commission shall be appointed to serve a term of two (2) years, provided, however, that members appointed to odd-numbered places shall serve terms which expire October 1, 1985, and members appointed to even-numbered places shall serve terms which expire October 1, 1986 Thereafter, all members appointed shall serve two-year terms. No member shall serve more than three (3) consecutive two- year terms, and the terms of current members of the commission shall be counted toward the limit on the number of terms to be served. If any member of the commission resigns or terminates his or her service for any reason before his or her term has expired, the city council shall appoint a qualified successor to fill any vacancy which may result, to serve for the remainder of the term. Sec 17-18 Powers and duties. The human relations commission shall have the following duties (1) To advise and consult with the City Council and the City Manager on matters involving discrimination based on age, race, color, sex, religion, disability, national origin, familial status, or sexual orientation. (2) To recommend to the City Council and the City Manager measures designed to eliminate prejudice and discrimination, (3) To promote and encourage communications between and cooperation of all groups interested m bettering community relations. Sec 17-19 Urganizahon. Members of the human relations commission shall be sworn to uphold the Constrtuhon and the laws of the United States and the state and the charter of the city Immediately following their appointment and annually thereafter, the members of the commission shall meet to elect a chairman, vice-chairman and secretary The commission shall adopt rules and regulations, subject to the approval of the city council, pertaining to the performance of its duties and the time and frequency of its meetings. Sec 17-20 Appointment of employees. (a.) Director (1) The Human Relations Commission shall have the power to appoint a Director, whose appointment shall be subject to the review of the City Manager and the approval of the City Council. (2) The salary of the Director shall be set by the Human Relations Commission m accordance with the classification and compensation plan for City employees and shall be approved by the Crty Manager and by the City Council. 2 (3) The Director shall receive administrative supervision and support from the City Manager The Director shall carry out the policy directives of the Human Relations Commission and support the Human Relations Commission m the performance of their duties. (4) The performance of the Director shall be evaluated annually by the chair of the Human Relations Committee, three members of the Human Relations Commission appointed by the chair and the City Manager or a designee of the City Manager (5) Either the Human Relations Commission or the Crty Manager may terminate the Director with the concurrence of the other In the event the Human Relations Commission and the City Manager do not agree on the termination of the Director, the Crty Council will determine whether termination is warranted. (b) Human Relations Staff (1) All other Human Relations Commission personnel shall be subject to the supervision of the Director and are governed by the personnel rules of the City and the classification and compensation plan for the City (2) The number of staff members shall be determined by the approved budget. Sec 17-21 Funding. (a.) The annual budget of the Human Relations Commission shall be subject to the recommendation of the Human Relations Commission, shall be reviewed by the Crty Manager and approved by the City Council. (b) The Human Relations Commission shall not make any expenditure of any money nor incur any liability dunng any current year beyond the amount of money appropriated or set apart m the annual budget to the Human Relations Commission as authonzed and approved by the City Council. Secs. 17-22--17-35 Reserved. ARTICLE III. DISCRIMINATION DIVISION 1 GENERALLY Secs. 17-36--17-45 Reserved. 3 DIVISION 2 PLACES OF PUBLIC ACCOMMODATION Sec 17-46 Definitions. The following words, terms and phrases, when used m this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bar and lounge shall mean every bar, lounge or tavern licensed by the state to serve alcoholic beverages of any content, including wines and beer, for consumption on the premises, other than restaurants and nightclubs as defined in this section. Discrimination shall mean disparate treatment or treatment resulting in disparate effect, which shall include but not be limited to withholding or denying of entry, services or facilities, or any other advantage offered to the general public by a place of public accommodation. Hotel and motel shall mean every establishment offering lodging to transient guests for compensation, but such terms shall not apply to any such establishment if the majority of occupants are permanent residents and have their fixed place of domicile therein. Nightclub shall mean nightclubs, cabarets or coffeehouses offering facilities for public entertainment, social recreation or group amusement or relaxation, and also offering for sale any beverage, whether alcoholic or nonalcoholic Place of publac accommodation shall mean every business within the city, whether wholesale or retail, which is open to the general public and offers for compensation any product, service or facility The term "place of public accommodation" shall include all hotels, motels, restaurants, bars, lounges, nightclubs or cabarets where food or beverages are sold or offered for sale, theaters, retail houses, washaterias, bowling alleys, skating rinks, golf courses, all public conveyances, as well as the stations or terminals thereof, kindergartens, day care centers and nursery schools. Restaurant shall mean every cafe, cafeteria, coffeeshop, sandwich shop, parlor or luncheonette which offers food or beverages for purchase and consumption on the premises, but shall riot include places at which alcoholic beverages are sold other than as an accompaniment to meals. Theater shall mean every place, whether indoors or out-of-doors, at which any theatrical performance, moving picture show, musical concert, circus or carnival is offered for consumption. Sexual Orientation shall mean heterosexuality, homosexuality or bisexuality or being identified with such orientation. Cross reference(s)--Definitions and rules of construction generally, § 1-2 4 Sec 17-47 Exemptions. This division shall not apply to any hotel, motel, restaurant, bar, lounge, nightclub, cabaret or theater operated by a bona fide private club when the accommodations, advantages, facilities and services are restricted to the members of such club and their guests, nor to any bona fide social, fraternal, educational, civic, political or religious organization, or to any pnvate kindergarten, day care center or nursery school, when the profits of such accommodations, advantages, facilities and services, above reasonable and necessary expenses, are solely for the benefit of such organization. Sec 17-48 Unlawful acts. (a) It shall be unlawful for any person or any employee or agent thereof: (i) To discriminate against, withhold from or deny any person, because of race, color, religion, sex, national origin, or sexual orientation any of the advantages, facilities or services offered to the general public by a place of public accommodation, (2) To refuse admission to or to expel from any place of public accommodation any person for alleged noncompliance with a dress code, personal conduct restriction, or identification requirement unless such place of public accommodation has previously posted a notice specifying the details of such code, restriction or requirement m a conspicuous, clearly visible location at each public entrance to the place of public accommodation., provided, however, rt shall be an exception to this requirement that such refusal or expulsion was required by law (b) It shall not be unlawful for any person or any employee or agent thereof to deny any person entry to any restroom, shower room, bathhouse or similar facility which has been designated for use by persons of the opposite sex. Sec 17-49 Investigation of alleged violations, filing complaint. (a) It is the intention of the city council that the human relations commission shall be the agency to receive and investigate all complaints of alleged violations of this division, and that such commission shall attempt to resolve such complaints by informal methods of conference, conciliation and persuasion. If the commission cannot resolve an alleged violation of this division, the director of the commission shall be authorized to request that a complaint be filed m municipal court. (b) If, following the execution of a written conciliation agreement between the commission and a party charged with a violation under this division, the director of the commission receives creditable evidence that gives him probable cause to believe that the party who has executed a conciliation agreement has violated the terms of this division after the conciliation agreement had been executed, the director of the commission shall be authorized to request that a complaint be filed thereon m municipal court. 5 Sec 17-50 Effect of provisions on civil remedies. This division shall neither add to nor detract from any civil remedies now available to persons complaining of discrimination under this division. Sec 17-51 Penalty Any person violating any provision of this division shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided m section 1-6 of this Code. Secs. 17-52--17-65 Reserved. DIVISION 3 EMPLOYMENT PRACTICES Sec 17-66 Definitions. Whenever the following terms are used m this division, they shall have the meanings respectively ascribed to them in this section. Auxiliary aids and services shall mean. (a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments, (b) Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments, (c) Acquisition. or modification of equipment or devices, and (d) Other similar services and actions. Disability means, with respect to an individual. (a) A physical or mental impairment that substantially limits one or more of the nia~or life activities of such individual, (b) A record of such an impairment; or (c) Being regarded as having such an impairment. Commission means the Fort Worth human relations commission. Covered entity means an employer, employment agency, labor organization, or point labor-management committee. ,, Direct threat means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. Employee means an individual employed by an employer 6 Employer means (a) In general, the term "employer" means a person engaged in an industry affecting commerce who has fifteen (15) or more employees for each working day m each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of such person. ('b) Exceptions. The term "employer" does not include (1) The United States, a corporation wholly owned by the government of the United States, or an Indian tribe, or (2) A bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of Title 26 Illegal use of drugs means. (a) In general, the term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the controlled substances act (21 U S C 812) Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the controlled substances act [21 U S C.A. § 801 et seq ] or other provisions of federal law (b) Drugs The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the controlled substances act [21 U S C.A. § 812] Person, etc The terms "person", "labor organization", "employment agency", "commerce", and "industry affecting commerce", shall have the same meaning given such. terms in Title 42, section 2000e of the United States Code, or its successor statute. Qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this division, consideration shall be given to the employer's judgment as to what functions of a fob are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the fob, this description shall be considered evidence of the essential functions of the fob Reasonable accommodation. The term "reasonable accommodation" may include (a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities, and (b) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of ~exammations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. Sexual Orientation means heterosexuality, homosexuality or bisexuality or being identified with such orientation. 7 ~, Undue hardship means (a) In general the term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (b) (b) Factors to be considered m determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include (1) The nature and cost of the accommodation needed under this chapter; (2) The overall financial resources of the facility or facilities involved m the provision of the reasonable accommodation, the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (3) The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees, the number, type, and location of its facilities, and (4) The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities m question to the covered entity Sec 17-67 Discrimination prohibited. (a) It shall be unlawful for any covered entity to discriminate against any individual because of age, race, color, religion, sex, disability, national origin, or sexual orientation m any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, trammg and selection for trammg or any other terms, conditions or privileges of employment. (b) No covered entity shall discrimmater against a qualified individual with a disability because of the disability of such individual m regard to fob application procedures, the hiring, advancement, or discharge of employees, employee compensation, fob trammg, and other terms, conditions, and privileges of employment. (c) As used m this section, the term "discriminate" includes (1) Limiting, segregating, or classifying a fob applicant or employee m a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee; (2) Participating m a contractual or other arrangement or relationship that has the effect of sub~ectmg a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this division (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing trammg and apprenticeship programs), (3) Utilizing standards, criteria, or methods of administration. a. That have the effect of discrimination on the basis of disability; or b That perpetuate the discrimination of others who are subject to common administrative control. 8 (4) Excluding or otherwise denying equal fobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association. (5) a. Not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered .entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or b Denying employment opportunities to a fob applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant. (6) Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be fob-related for the position m question and is consistent with business necessity; and (7) Failing to select and administer tests concerning employment m the most effective manner to ensure that, when such test is administered to a~ob applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure) (d) The prohibition against discnmmahon as referred to m subsection (a) of this section shall include medical examinations and inquires. (e) Prohibited examination or inquiry means except as provided m paragraph (2), a covered entity shall not conduct a medical examination or make inquiries of a fob applicant as to whether such applicant is an individual with a disability or as to the nature or seventy of such disability (f) Acceptable inquiry A covered entity may make preemployment inquiries into the ability of an applicant to perform fob-related functions. (g) Employment entrance examination. A covered entity may require a medical examination after an offer of employment has been made to a fob applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if: (1) All entering employees are subjected to such an examination regardless of disability; (2) Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and m separate medical files and is treated as a confidential medical record, except that: (a) Supervisors and managers maybe informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations, (b) First aid and safety personnel maybe informed, when appropriate, if the disability might require emergency treatment; and (c) Government officials investigating compliance with this chapter shall be provided relevant information on request; and 9 (3) The results of such examination are used only m accordance with this subchapter (h) Examination and inquiry (1) Prohibited examinations and inquiries. A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual wrth a disability or as to the nature or severity of the disability, unless such examination or ingmry is shown to be fob-related and consistent with business necessity (2) Acceptable examinations and inquiries. A covered entity may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite. A covered entity may make inquiries into the ability of an employee to perform fob-related functions. (3) Requirement. Information obtained under subparagraph (2) regarding the medical condition or history of any employee are subject to the requirements of subparagraphs (2) and (3) of paragraph (g) (i) Defenses. (1) In general. It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a fob or benefit to an individual with a disability has been shown to be fob-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this subchapter (2) Qualification standards. The term "qualification standards" may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals m the workplace. (.•3) Religious entities. a. In general. This subchapter shall not prohibit a religious corporation, association, educational institution, or society from giving preference m employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational mstrtution, or society of its activities. b Religious tenets requirement. Under this division, a religious organization may require that all applicants and employees conform to the religious tenets of such organization. (4) List of infectious and communicable diseases. a. In general. The list of infectious diseases shall be that published by the secretary of health and human services of the United States or any successor official, as provided by federal law b Applications In any case m which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the secretary of health and human services under paragraph a., and which cannot be ehmmated by reasonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a fob involving food handling. c Construction. Nothing m this chapter shall be construed to preempt, modify, or amend any state, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be ehmmated by reasonable 10 accommodation, pursuant to the list of infectious or commumcable diseases and the modes of transmissibility published by the secretary of health and human services. (j) Illegal use of drugs and alcohol. (1) Qualified individual with a disabihty`~ For purposes of this division, the term "qualified individual with a disability" shall not include any employee or applicant who is currently engaging m the illegal use of drugs, when the covered entity acts~on the basis of such use. (2) Rules of construction. Nothing m subsection (1) of this section shall be construed to exclude as a qualified individual with a disability an individual who a. Has successfully completed a supervised drug rehabilitation program and is no longer engaging m the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; b Is participating m a supervised rehabilitation program and is no longer engaging m such use; or c Is erroneously regarded as engaging m such use, but is not engaging m such use, except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, mcludmg but not limited to drug testing, designed to ensure that an individual described in paragraph a. orb is no longer engaging in the illegal use of drugs. (3) Authority of covered entity A covered ~ntrty• a. May prohibit the illegal use of drugs and the use of alcohol at the workplace by an employee; b May require that employees shall not be under the influence of alcohol or be engaging m the illegal use of drugs at the workplace; c May require that employees behave m conformance with the requirements established under the drug-free workplace act of 1988 (41 U S C 701 et seq ), d. May hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or fob performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and e May, with respect to federal regulations regarding alcohol and the illegal use of drugs, require that: 1 Employees comply with the standards established in such regulations of the department of defense, if the employees of the covered entity are employed in an industry subject to such regulations, mcludmg complying with regulations (if any) that apply to employment m sensitive positions m such an industry, m the case of employees of the covered entity who are employed m such positions (as defined in the regulations of the department of defense), 2 Employees comply with the standards established m such regulations of the nuclear regulatory commission, if the employees of the covered entity are employed in an industry subject to such regulations, mcludmg complying with regulations (if any) that apply to employment m sensitive positions m such an industry, m the case of employees of the covered entity who are employed m such positions (as defined in the regulations of the nuclear regulatory commission), and 3 Employees comply with the standards established m such regulations of the department of transportation, if the employees of the covered entity are employed in a 11 transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment m sensitive positions m such an industry, m the case of employees of the covered entity who are employed m such positions (as defined m the regulations of the department of transportation) (4) Drug testing. a. In general. For purposes of this subchapter, a test to determine the illegal use of drugs shall not be considered a medical examination. b .Construction. Nothing in this subchapter shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by fob applicants or employees or making employment decisions based on such test results. (k) Bidding on contracts with the city; covenant required. (1) No bid submitted to the city by an employer or general contractor shall be considered, nor shall any purchase order be issued nor contract awarded by the city to such employer or general contractor, unless such employer or general contractor has executed as a provision contained in such purchase order, contract or agreement a covenant assuring that its employees are not discnmmated against, as prohibited by the terms of this division. (2) It shall be the responsibility, obligation and duty of any such employer or general contractor to ascertain and furnish covenants to the city that no labor organization, subcontractor or employment agency either furnishing or refernng employee applicants to such employer is discnmmatmg against its employees,. as prohibited by the terms of this division. (1) Notice requirement. Any employer, general contractor, labor organization or employment agency subject to the provisions of this division shall post, m a conspicuous place available to all employees and applicants for employment, notices appnsmg employees and applicants of this division. Sec 17-68 Maintenance of independent contractor relationship Neither this division nor any section or provision of this division shall be interpreted or applied so as to interfere with, impair or destroy the independent contractor relationship between the city and any person bidding on or engaged m the performance of any existing contract for public work as an independent contractor of the city Sec 17=69 Enforcement. (a) It is the intention of the city council that the human relations commission shall be authorized. to enforce the provisions of this division under the supervision of the city manager, in compliance with the provisions of section 2 of chapter V of the charter (b) Following complaint and provided that there is ~ushfiable reason to believe there is a violation of any provision of this division, the human relations commission is authorized to investigate and resolve any such complaint involving .any employer, general contractor, labor organization or employment agency subject to the provisions of this division. If such complaint cannot be resolved m a manner satisfactory to such commission, it may refer same to the city attorney and/or to the appropriate federal office Nothing said or done during and as a part of any such investigation or attempt at resolution shall be made public without the wntten consent of the persons concerned. { 12 (c) Whenever a charge is filed by or on behalf of a person claiming to be aggrieved which alleges that an employer, general contractor, employment agency or labor organization has engaged in an unlawful employment practice, the human relations commission may cause a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) to be served upon such employer, general contractor, employment agency or labor organization (hereinafter referred to as "respondent") within ten (10) days and may make an investigation thereof. (1) Any such charge shall be m writing, under oath or affirmation, and shall contain such information and be m such form as the human relations commission requires. Such charge shall be filed within one hundred and eighty (180) days after the alleged unlawful employment practice occurred. Such charges shall not be made public (2) Should the human relations commission determine, after such investigation, that there is not reasonable cause to believe that the charge is true, such commission shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of such action. (3) If the aforesaid investigation determines that there is reasonable cause to believe that the charge is true, the human relations commission may endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation and persuasion. Sec 17-70 Certain practices not unlawful. (a) This division shall not apply to any employer with respect to the employment of aliens outside the city, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. (b) Notwithstanding any other provisions of this division. (1) It shall not be unlawful for an employer to hire and employ employees, for an employment agency to classify or refer for employment agency to classify or refer for employment any individual, for a labor orgariization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization or ~omt labor-management committee controlling apprenticeship or other framing or retraining programs to admit or employ any individual m any such program, on the basis of his religion, sex or national origin m those certain instances where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise (2) It shall not be unlawful for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion. (c) No provision of this division shall be deemed to include any action or measure taken by an employer, labor organization, ~omt labor-management committee or employment agency with respect to an individual who is a member of the communist 13 party of the United States or of any other organization required to register as a communist-action or communist-front organization by final order of the subversive activrties control board pursuant to the subversive activities control act of 1950 (d) Notwithstanding any other provision of this division, rt shall not be unlawful for an employer to fail or refuse to hire and employ an individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment m any position, if: (1) The occupancy of such position, or access to the premises m or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed m the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any order of the president; and (2) Such individual has not fulfilled or has ceased to fulfill that requirement. (e) Notwithstanding any other provision of this division, rt shall not be unlawful for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work m different locations, provided that such differences are not the result of an intention to discriminate because of age, race, color, religion, sex, disability, national origin, or sexual orientation nor shall it be unlawful for an employer to give and to act ' upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of age, race, color, religion, sex, disability, national origin, or sexual orientation. It shall not be unlawful under this division for any employer to differentiate upon the basis of sex m determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 6(d) of the fair labor standards act of 1938, as amended (29 U S C 206(d)) (f) Nothing contained m this division shall be interpreted to require any employer, employment agency, labor organization or ~omt labor-management committee subject to this division to grant preferential treatment to any individual or to any group because of the age, race, color, religion, sex, disability; national origin, or sexual orientation of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons with disabilities or of any age group, race, color, religion, sex, national origin, or sexual orientation employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed m, any apprenticeship or other framing program, m comparison with the total number or percentage of persons of with disabilities or of such age group, race, color, religion, sex, national origin, or sexual orientation m any community, state, section or other area, or m the available work force m any community, state, section or other area. (g) Nothing contained m this division shall be construed to repeal or modify any federal, state, terntorial or local law creating special rights or preference for veterans or Indians. (h) Nothing m this division shall be construed to make unlawful discrimination based upon the ages of persons who are less than forty (40) years old. 14 (i) Nothing m this division shall be interpreted to make unlawful discrimination with respect to aliens who entered and reside m the United States illegally Sec 17-71 Violations, penalty Any person, firm, association of persons, company or corporation, or their agents, servants or employees, who violate, disobey, omit, neglect or refuse to comply with any provision of this division shall be punished by a fine not to exceed five hundred dollars ($500 00), and each day that a violation exists is hereby declared to be a distinct and separate offense and punishable as such, all as provided for m section 1-6 of this Code. Secs. 17-72--17-85 Reserved. DIVISION 4 FAIR HOUSING Sec 17-86 Declaration of policy (a) It is hereby declared to be the policy of the city to bang about, through fair, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to his/her race, color, religion, national origin, sex, disability, familial status, or sexual orientation. (b) It is further declared that this policy is grounded upon a recognition of the right of every person to have access to adequate housing of his/her own choice without regard to race, color, religion, national origin, sex, disability, familial status, or sexual orientation, and further, that the denial of such rights through considerations based upon race, color, religion, national origin, sex, disability, famthal status, or sexual orientation is detrimental to the health, safety and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of such inalienable right which is wrthm the power and the proper responsibility of government to prevent. Sec 17-87 Definitions. The following words, terms and phrases, when used m this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meamng• Administrator means the individual designated director of the Fort Worth Human Relations Commission. Aggrieved person includes any person who (1) Claims to have been m~ured by a discriminatory housing practice, or (2) Believes that he/she will be m~ured by a discriminatory housing practice that is about to occur Commission means the Fort Worth Human Relations Commission. 15 Committee means the housing committee of the Fort Worth Human Relations Commission. Complainant means a person, including the Commission, who files a complaint under section 17-90 of this division. Conciliation means the attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent and the administrator Conciliation agreement means a wntten agreement setting forth. the resolution of the issues m conciliation. Disability (1) Disability means, with respect to a person. a. A physical or mental impairment which substantially limits one (1) or more of such person's mayor life activities, b A record of having such an impairment;. or c Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined under state or federal law (2) Discnmmation on the basis of disability means a. To discnminate m the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of 1 That buyer or renter; 2 A person residing m or intending to reside m that dwelling after rt is sold, rented, or made available; or 3 Any person associated with that buyer or renter b For purposes of this subsection, discnmmation includes. 1 A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the mtenor of the premises to the condition that existed before the modification, reasonable wear and tear excepted, 2 A refusal to make reasonable accommodations m rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or 3 In connection with the design and construction of covered multi-family dwellings for first occupancy after March 12, 1991, a failure to design and construct those dwellings m a manner that: i. The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities, ii. All the doors designed to allow passage into and wrthm all premises wrthm such dwellings are sufficiently wide to allow passage by persons m wheelchairs, and 16 iii. All premises within such dwellings contain the following features of adaptive design. (a) An accessible route into and through the dwelling; (b) Light switches, electrical outlets, thermostats, and other environmental controls m accessible locations, (c) Reinforcements in bathroom walls to allow later installation of grab bars, and (d) Usable kitchens and bathrooms such that an .individual m a wheelchair can maneuver about the space. c Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities (commonly cited as "ANSI-A117 1") suffices to satisfy the requirements of paragraph (2)(b)(3) above. d. Covered multifamily dwelling means 1 Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators, and 2 Ground floor ixnrts m other buildings consisting of four (4) or more amts. e Nothing m this division shall be construed to invalidate or hmrt any law of a state or political subdivision of a state, or other jurisdiction m which this division shall be effective that requires dwellings to be designed and constructed m a manner that affords persons with disabilities greater access than is required by this division. f. Nothing m this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result m substantial physical damage to the property of others. Discriminatory housing practice means an act prohibited by section 17-88 of this division. Dwelling means (1) Any building, structure, or part of a building or structure that is occupied as or designed or intended for occupancy as a residency by one (1) or more families, or (2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described by subparagraph (1) immediately above. Familial status. In this division, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is (1) Pregnant; (2) Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person. a. Is the parent or legal custodian, b Has the written permission of the parent or legal custodian for domicile with that person, or c Is m the process of obtaining legal custody of an individual younger than eighteen (18) years of age 17 Family includes a single individual. Person includes an individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity Respondent means (1) The person accused m a complaint of discriminatory housing practice; or (2) Any person identified as an addition or substitute respondent under section 17-90 of this division. To rent includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant. Sexual Orientation means heterosexuality, homosexuality or bisexuality or being identified with such orientation. Sec 17-88 Discrimination prohibited. (a) Sale or rental. (1) A person may not refuse to sell or to rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, disability, familial status, national ongm, or sexual orientation. (2) A person may not discriminate against any person m the terms, conditions or privileges of sale or rental of a dwelling, or m providing services or facilities m connection with the sale or rental, because of race, color, religion, sex, disability, familial status, national origin, or sexual orientation. (b) Publication. A person may not make, pent or publish or cause to be made, printed or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, disability, familial status, national ongm, or sexual orientation, or an intention to make such a preference, limitation, or discrimination. (c) Inspection. A person may not represent to any person because of race, color, religion, sex, disability, familial status, national ongm, or sexual onentahon that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection, sale or rental. (d) Entry into neighborhood. A person may not, for profit, induce or attempt to induce, a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color,. religion, sex, disability, familial status, national ongm, or sexual orientation. (e) Residential real estate related transaction. (1) A person whose business includes engaging m residential real estate related transactions inay not discriminate against a person m making a real estate related transaction available or m the teens or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, national origin, or sexual orientation. 18 (2) In this section, "residential real estate related transaction" means any of the following: a. The making or purchasing of loans or providing other financial assistance 1 For purchasing, construction, improving, repairing or maintaining a dwelling; or 2. Secured by residential real estate, b The selling, brokering or appraising of residential real property (f) Brokerage services. A person may not deny any person access to, or membership or participation m, a multiple-listing service, real estate brokers' organization or other service, organization or fac~lrty relating to the business of selling or renting dwellings, or discriminate against a person m the terms or conditions of access, membership or participation m such an organization, service, or facility because of race, color, religion, sex, disability, familial status, national origin, or sexual orientation. Sec 17-89 Exemptions, exclusions. (a) Housing for elderly exempted. (1) The provisions of this division relating to familial status do not apply to housing for older persons. (2) In this section "housing for older persons" means housing a. That the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons under a federal or state program, b Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or c Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit as determined by the Secretary of the Unrted States Department of Housing and Urban Development. To the extent that such a determination falls within the ~unsdiction of the commission, the following factors at minimum must be present for the dwelling(s) to qualify for the exemption. 1 The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons, and 2 That at least eighty (80) percent of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and 3 The pubhcahon of, and adherence to policies and procedures which demonstrate an intent by the o~,vner or manager to provide housing for persons fifty-five (55) years of age or older (b) Certain sales and rentals exempted. (1) Subject to subparagraph (2) of this paragraph, section 17-88 does not apply to a. The sale or rental of a single-family house sold or rented by an owner i£ 1 The owner does not: i. Own more than three (3) single-family houses at any one time, or u. Own any interest m, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three (3) single-family houses at any one (1) time, and 19 2 The house was sold or rented without: i. The use of the sales or rental facilities or services of a real estate broker, agent, or salesman licensed under state law, or of an employee or agent of a licensed broker, agent or salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five (5) or more families, or ii. The publication, posting, or mailing of a notice, statement or advertisement prohibited by section 17-88, or b The sale or rental of rooms or units m a dwelling containing hvmg quarters occupied or intended to be occupied by no more than four (4) families hvmg independently of each other if the owner maintains and occupies one (1) of the hvmg quarters as the owner's residence. (2) The exemption of subsection (b)(1)(a)(1) of this section applies to only one (1) sale or rental in atwenty-four-month period if the owner was not the most recent resident of the house at the time of the sale or rental. (c) Religious organization, nonprofit organization and private club exemption. (1) This division does not prohibit a religious organization, association or society, or a nonprofit institution or organization operated, supervised, or controlled by or m conjunction with, a religious organization, association or society, from. a. Limiting the sale, rental or occupancy of dwellings that rt owns or operates for other than a commercial purpose to persons of the same religion, or b Giving preference to persons of the same religion, unless membership m the religion is restricted because of race, color or national origin. (2) This division does not prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that rt owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members. (d) Appraisal exemption. This division does not prohibit a person engaged m the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status, national ongm, or sexual orientation. (e) Effect on other law (1) This division does not affect reasonable maximum safe occupancy regulations for dwellings. (2) This division does not affect any requirement of nondiscrimination many other local, state or federal law Sec 17-90 Enforcement by human relations commission. (a) It is the intention of the city council that the human relations commission shall be authorized to enforce the provisions of this division under the supervision of the city manager as provided under section 2 of chapter V of the Charter, as further provided hereinafter, and as further provided under state and federal law (b) The commission shall delegate to the administrator the duty of day-to-day ~ "'° implementation and enforcement of this division, subject to its policy directives and its 20 approval of any rules and regulations recommended by the administrator to aid implementation and enforcement. (c) The administrator is encouraged to cooperate with the Secretary of Housing and Urban Development and the Attorney General of the United States m the enforcement of the Fair Housing Act of 1968, 42 U S C § 3601, et seq , as amended, and may assist the secretary or attorney general m any way consistent with the policy of this division. The administrator is encouraged to cooperate with the Texas Commission on Human Rights m the enforcement of the Texas Fair Housmg Act, and may assist the Texas Commission on Human Rights m any way consistent with the policy of this division. (d) The administrator may order discovery m aid of investigations under this division. Such discovery may be ordered to the same extent and is subject to the same limitations as would apply if the discovery were ordered m aid of a civil action m a state district court of Tarrant County, Texas. Sec 17-91 Complaint and answer (a) An aggrieved person, or any authorized representative of an aggrieved person, may file a complaint with the administrator not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated. A complaint may also be filed by the administrator, not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, if,the administrator has reasonable cause to believe that a person has committed a discriminatory housing practice (b) The administrator shall treat a complaint referred by the Secretary of Housmg and Urban Development or the Attorney General of the United States under the Fair Housing Act of 1968, 42 U S C § 3601, et seq , as amended, or by the Texas Commission on Human Rights under the Texas Fair Housmg Act, Article lf, Vernon's Texas Revised Civil Statutes, as amended, as a complaint filed under subsection (a) No action will be taken under this division against a person for a discriminatory housing practice if the referred complaint was filed with the governmental entity later than one (1) year after an alleged discriminatory housing-practice occurred or terminated. (c) A complaint must be m writing, made under oath or affirmation, and contain the following information. (1) Name and address of the respondent. (2) Name, address, and signature of the complainant. (3) Name and address of the aggrieved person, if different from the complainant. (4) Date of the occurrence or termination of the discriminatory housing practice and date of the filing of the complaint. ~'; (5) Description and address of the housing accommodation involved m the discriminatory housing practice, if appropriate. (6) Concise statement of the facts of the discriminatory housing practice, including the basis of the discrimination (race, color, sex, religion, disability, familial status, national origin, or sexual orientation) (d) Upon the filing of a complaint, the administrator shall, m writmg• (1) notify the complainant, and the aggrieved person if different from the complainant, that a complaint has been filed, and 21 (2) advise the complainant, and the aggrieved person if different from the complainant, of time limits applicable to the complaint and of any asghts, obligations, and remedies of the aggneved person under this division. (e) Not more than ten (10) days after the filing of a complaint, the administrator shall, m writing: (1) notify the respondent named m the complaint that a complaint alleging the commission of a discasminatory housing practice has been filed against the respondent; (2) furnish a copy of the complaint to the respondent; (3) advise the respondent of the procedural rights and obligations of the respondent, including the right to file a written, signed, and verified mfonnal answer to the complaint within ten (10) days after service of notice of the complaint; and (4) advise the respondent of other rights and remedies available to the aggneved person under this division. (f) Not later than the tenth day after service of the notice and copy of the complaint, a respondent may file an answer to the complaint. The answer must be m writing, made under oath or affirmation, and contain the following information. (1) Name, address, telephone number, and signature of the respondent or the respondent's attorney, if any (2) Concise statement of facts in response to the allegations in the complaint and facts of any defense or exemption. (g) A complaint or answer may be amended at any reasonable time prior to a determination as to reasonable cause as hereinafter provided. The administrator shall furnish a copy of each amended complaint or answer, respectively, to the respondent or complainant, and any aggrieved person if different from the complainant, as promptly as is practicable. (h) The administrator may not disclose or permit to be disclosed to the public the identity of a respondent while the complaint is m the process of being investigated and prior to completion of all negotiations relative to a conciliation agreement. (i) A complaint, except a referred complaint described m subsection (b) of this section, shall be finally disposed of either through dismissal, execution of a conciliation agreement, or issuance of a charge within one (1) year after the date on which the complaint was filed unless rt is impracticable to do so, m which case, the administrator shall notify the complainant, the aggrieved person if different from the complainant, and the respondent, in wasting, of the reasons for the delay Sec 17-92 Investigation. N. (a) Not more than thirty (30) days after the filing of a complaint by an aggneved person or by the administrator, the administrator shall commence an investigation of the complaint to determine whether there is reasonable cause to believe a discasmmatory housing practice was committed and the facts of the discriminatory housing practice. (b) The administrator shall seek the voluntary cooperation of any person to (1) obtain access to premises, records, documents, individuals, and any other possible source of information, (2) examine, record, and copy necessary materials, and (3) take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation. 22 ~. (c) The administrator may, at the administrator's discretion or at the request of the respondent, the complainant, or the aggrieved person if different from the complainant, issue a subpoena or subpoena duces tecum to compel attendance of a witness or the production of relevant materials or documents; pursuant to the authority of the city under chapter V, section 7 of the City Charter Failure to comply with a subpoena issued under this subsection is a criminal offense and is punishable as provided by ordinance (d) An investigation shall remain open until as provided m this division, a determination as to reasonable cause is made, a conciliation agreement is executed and approved or the complaint is dismissed. Unless impracticable to do so, the administrator shall complete the investigation within one hundred (100) days after the date of filing of the complaint. If the administrator is unable to complete the investigation within the one- hundred-day period, the administrator shall notify the complainant, the aggrieved party if different from the complainant, and respondent,: m writing, of the reasons for the delay (e) This section does not limit the authority of the administrator to conduct such other investigations or to use such other enforcement procedures, otherwise lawful, as the administrator considers necessary to enforce this chapter (f) The administrator shall prepare a final investigative report showing: (1) the names of and dates of contact with witnesses, (2) a summary, including dates, of correspondence and other contacts with the aggrieved person and the respondent; (3) a summary description of other pertinent records, (4) a summary of witness statements, and (5) answers to interrogatories. Sec 17-93 Temporary or preliminary relief. (a) If at any time following the filing of a complaint the administrator concludes that prompt judicial action is necessary to carry out the purposes of this division, the administrator may request the city attorney to,: initiate a civil action m the state district court of Tarrant County, Texas for appropriate temporary or preliminary relief pending final disposition of the complaint. (b) On receipt of the administrator's request, the city attorney shall promptly file the acrion m the state district court. Venue is m Tarrant County, Texas. (c} A temporary restraining order or other order granting preliminary or temporary relief under this section is governed by the applicable Texas Rules of Civil Procedure Sec 17-94 Conciliation. (a) During the period beginning with the filing of a complaint and ending with the issuance of a charge, the dismissal of the complaint, or the dismissal of the criminal action m municipal court, the administrator shall try to conciliate the complaint. In conciliating a complaint, the administrator shall try to achieve must resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the aggrieved person's rights and take action to assure the elimination of both present and future discriminatory housing practices. 23 (b) If a conciliation agreement is executed under this section, a party to the agreement may not be prosecuted in municipal court, nor may the administrator issue a charge against a party, for the discriminatory housing practice specified m the agreement under subsection (d)(1) unless the administrator determines that the agreement has been violated .and notifies the city attorney m writing of the violation. (c) A conciliation agreement must be m writing and must be signed and verified by the respondent, the complainant, and the aggrieved person if different from the complainant, subject to approval of the administrator who shall indicate approval by signing the agreement. A conciliation agreement is executed upon its signing and verification by all parties to the agreement. (d) A conciliation agreement executed under this section must contain. (1) an identification of the discriminatory housing practice and corresponding respondent that gives rise to the conciliation agreement under subsection (a) and the identification of any other discriminatory housing practice and the respondent that the parties agree to make subject to the limitation on prosecution of subsection (b), (2) an identification of the housing accommodation subs ect to the conciliation agreement; and (3) a statement that each party entering into conciliation agreement agrees a. not to violate this chapter or the conciliation agreement; and b that the respondent shall file with the administrator a periodic activity report, if required by the terms of the conciliation agreement and/or any applicable state or federal laws or regulations. 1 The party who prepares the activity report must sign and verify the report. 2 An activity report must be filed each month on the date specified in the conciliation agreement for the period specified by the conciliation agreement, or by applicable law or regulations if different. (e) In addition to the requirements of subsection (d), a conciliation agreement may include any other term or condition agreed to by the parties, including, but not limited to (1) monetary relief m the form of damages, including humiliation and embarrassment and attorney fees, and (2) equitable relief such as access to the housing accommodation at issue, or to a comparable housrng accommodation, and provision of services and facilities m connection with a housrng accommodation. (f) Nothing said during the course of conciliation may be made public or used as evidence m a subsequent proceeding under this chapter without the written consent of any person concerned. (g) A conciliation agreement shall be made public, unless the aggrieved person or the respondent requests nondisclosure and the administrator determines that disclosure is not required to further the purposes of this division. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the administrator may publish tabulated descriptions of the results of all conciliation efforts. (h) If the aggrieved person bungs a civrl action under a local, state, or federal law seeking relief for the alleged discriminatory housrng practice and the trial m the action begins, the administrator shall terminate efforts to conciliate the complaint unless the court specifically requests assistance from the administrator The administrator may also terminate efforts to conciliate the complaint if• 24 ~. ~:. (1) the respondent fails or refuses to confer with the administrator; (2) the aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or (3) the administrator finds, for any reason, that voluntary agreement is not likely to result. Sec 17-95 Violation of conciliation agreement. (a) A person commits an offense if, after the person executes a conciliation agreement under section 17-94, he violates any term or condition contained m the agreement. (b) It is no defense to criminal prosecution m municipal court or to civil action m state distract court under this section that, with respect to a discriminatory housing practice that gave rase to the conciliation agreement under section 17-94 (1) the respondent did not commit the discraminatory housing practice; or (2) the administrator did not have probable cause to believe the discriminatory housing practice was committed. (c) If the administrator determines that a conciliation agreement has been violated, the administrator shall give wratten notice to all parties subject to the agreement. (d) When the administrator has reasonable cause to believe that respondent has breached a conciliation agreement, the administrator shall refer the matter to the city attorney's office with a recommendation that a civil action be filed for the enforcement of the agreement. The administrator shall also file a criminal action m municipal court for a violation of the agreement. Sec 17-96 Referral of complaint to hearing; election of court proceeding; reasonable cause determination and charge. (a) Upon completion of the investigation and informal endeavors at conciliation by the administrator, but within one hundred (100) days of the filing of the complaint with the administrator and if conciliation has not been effected, the administrator may refer the matter complained of to the committee, together with the answer of the respondent, if any, and a full report of his/her investigation artd activities m the matter (b) In complaints alleging discrimination based on race, color, sex, religion, disability, familial status, or national oragm, m lieu of a hearing before the committee as set out in section 17-96(c) below, a complainant, respondent or an aggrieved person on whose behalf a charge is filed, may elect m wratmg to have the claims asserted m the complaint decided ~n state distract court provided m section 17-98 of this Code or as provided for under Article II, Sections 2.06 and 2.08 of the Texas Fair Housing Act (Vernon's Tex. Rev Civ Stat. Ann. Art. lf, as amended) and chapter 337 of the Texas Commission on Human Rights Procedural Rules. This election may be made at any reasonable time under the foregoing laws but must be made not later than twenty (20) days after the receipt by the electing person of notice that a hearing under section 17- 96(c) has been requested. (c) The committee shall order a hearang if respondent or complainant requests same. If respondent or complainant does not request a hearang, same shall be deemed to have been waived and the committee shall direct the administrator to issue a determination of C ,Li 25 ~H reasonable cause and a charge, if it finds the preponderance of the credible evidence so warrants. (d) The commission shall adopt rules and procedures for the conduct of hearings. The hearing panel shall be appointed by the commission chair and include members of the human relations commission m whole or m part. Reasonable nonce and opportunity for discovery shall be given to all parties. The heanng shall be conducted in a fair and impartial manner and shall be public as required by article 6252-17 of the [Texas] ' Revised Civil Statutes. Witnesses appearing at such heanng may be required to present testimony under oath or by solemn affirmation. Evidence of the matter alleged within the complaint may be presented by the city attorney or his assistant. The complaint and the person or persons alleged to have committed or to be about to commit the discrminatory housing practice may appear personally or by representative and with or without counsel and shall have the right to present proof and cross-examine witnesses in all matters relating to the complaint and subsequent related matters. If a person or persons alleged to have committed or to be about to commit a discriminatory housing practice shall fail to appear at the committee heanng either personally or by representative after notice as provided above, then such hearing shall be deemed waived by such person or persons. (e) The heanng panel shall make such findings as a ma~onty of its members deem are supported by the preponderance of the credible evidence. Such findings shall be in writing and shall be forwarded to the administrator together with the heanng panel's deternmation that reasonable cause or no reasonable cause exists to believe that a discriminatory housing practice has been committed. (f) A charge shall be issued by the administrator upon a panel finding of reasonable cause and. (1) shall consist of a short and plain written statement of the facts upon which the committee has found reasonable cause to believe that a discriminatory housing practice has occurred, (2) shall be based on the final investigative report, the evidence adduced at the heanng, if any; and (3) need not be limited to the facts or grounds alleged m the complaint filed with the commission under this division. (g) Any charge issued Uy the administrator will be forwarded within ten (10) days to the city attorney for action as hereinafter provided. Copies of the charge will be served on the complainant, the aggrieved person, if different from the complainant, and any respondents. (h) The administrator may not issue a charge and the city attorney may not bring or maintain a civil action m state district court for an alleged discrmmatory housing practice after the aggrieved person has brought a civil action under local, state, or federal law seeking relief for the alleged discrmmatory housing practice and the trial m the action has begun. If a charge may not be issued by the administrator or a civil action may not be brought or maintained by the city attorney because of the trial of a civil action brought by the aggreved party, the administrator shall notify the complainant, the aggrieved person if different from the complainant, and any respondents, m writing. (i) Any final action, together with the findings or orders thereon, of the hearing panel, commission and/or the administrator are subject to judicial review as provided by state law 26 Sec 17-97 Dismissal of complaint. (a) A complaint may be dismissed by the administrator during the investigation and prior to referral to the committee when the administrator determines that: (1) the complaint was not filed within the required time period, (2) the location of the alleged discriminatory housing practice is not within the city's ~unsdiction, ' (3) the alleged discriminatory housing practice is not a violation of this division, (4) the complainant or aggrieved person refuses to cooperate with the administrator m the investigation of the complaint or enforcement of the executed conciliation agreement; (5) the complainant, or the aggrieved person if different from the complainant, cannot be located after the administrator has performed a reasonable search, or (6) a conciliation agreement has been executed by the respondent, complainant, and aggrieved person if different from the complainant. (b) A criminal action may be dismissed by a municipal fudge upon motion of the city attorney, if after the city attorney files the action charging a respondent with a discriminatory housing practice, a conciliation agreement is executed before the trial begins m municipal court. (c) The administrator shall notify the complainant, the aggrieved person if different from the complainant, and the respondent of the dismissal of the complaint, including a written statement of facts, and make public disclosure of the dismissal by issuing a press release, unless the respondent requests that no public disclosure be made. Sec 17-98 Civil action m state district court m complaints alleging discrimination based on race, color, sex, religion, national origin, disability, or familial status. (a) If a respondent has been found by the administrator and the city attorney to have breached an executed conciliation agreement or if the administrator has issued a charge, or if a party has elected under section 17-96(b) to have the claims raised by the complaint resolved m court, the city attorney, upon the request of the administrator, shall initiate and maintain a civil action on behalf of the aggrieved person m the state distract court seeking relief under this chapter Venue is m Tarrant County, Texas. (b) An aggrieved person may intervene m the action. (c) If the court finds m the civil action that the conciliation agreement has been violated or a discriminatory housing practice has occurred, the court may award. (1) actual anal punitive damages to the aggrieved person, (2) civil penalties to the city for vindication of the public interest m an amount that does not exceed. a. ten thousand dollars ($10,000 00) if the respondent has not been adjudged by a court to have committed a prior discriminatory housing practice; b except as provided by Subparagraph d. of this paragraph, twenty-five thousand dollars ($25,000 00) if the respondent has been adjudged by a court to have committed one other discriminatory housing practice during the five-year penod ending on the date of the filing of the charge, and c except as provided by Subparagraph d. of this paragraph, fifty thousand dollars ($50,000 00) if the respondent has been adjudged by a court to have committed two (2) or 27 more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge. d. If the acts constituting the discriminatory housing practice that is the subject of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties m subparagraphs (b) and (c) of this paragraph may be imposed without regard to the penod of time within which any other discriminatory liousmg practice occurred, (3) reasonable attorney's fees to the city and the aggrieved person, (4) costs of court, mcludmg witness and expert witness fees, and (5) any permanent or temporary injunction, temporary restraining order, or other order, mcludmg an order en~oimng the defendant from engaging m the discriminatory housing practice or ordering appropriate affirmative action. (d) If actual damages are sought for the benefit of an aggrieved person who does not intervene m the civil action, the court may not award the actual damages if the aggrieved person has not complied with discovery orders entered by the court. (e) The city shall not be subject to orders for sanctions for the failure of the complainant, if other than the administrator, or aggrieved person to comply with discovery requests of the defendant or discovery orders of the court. (f) Any resolution of a charge before a final order is signed by the state district court under this section requires the consent of the aggrieved person on whose behalf the charge is issued. Sec 17-99 Enforcement by private persons m complaints alleging discrimination based on race, color, sex, religion, national origin, disability, or familial status. (a) An aggrieved person may file a civil action m state district court not later than two years after the occurrence or termination of an alleged discriminatory housing practice or after the breach of a conciliation agreement entered into under this chapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or the breach of the conciliation agreement. (b) An aggrieved person may file an action under this section whether or not a complaint has been filed under this division and without regard to the status of any complaint filed under this division, except as provided m subsection (c) (c) An aggrieved person may not file an action under this section for an alleged discriminatory housing practice that forms the basis of a charge issued by the administrator i£ (1) the administrator has obtained a conciliation agreement with the consent of the aggrieved person, or ,~ (2) the city attorney has filed a civil action on the charge m state district court on behalf of the aggrieved person. (d) In an action under this section, if the court finds that a discriminatory housing practice has occurred, the court may award to the plamhff: (1) actual and punitive damages, (2) reasonable attorney's fees, (3) court costs, and 28 (4) subject to section 17-100 of this division, any permanent or temporary m~unction, temporary restraining order, or other order, mcludmg an order en~ommg the defendant from engaging m the discriminatory housing practice or ordering appropriate affirmative action. (e) A court in a civil action brought under this section may award reasonable attorney's fees to the prevailing party and assess court costs against the non-prevailing party Sec 17-100 Effect of civil action on certain contracts. Relief granted under section 17-98 or 17-99 does not affect a contract, sale, encumbrance, or lease that: (a) was consummated before the granting of the relief; and (b) involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under this chapter or a civil action under section 17- 101 Sec 17-101 Service of notice and computation of time (a) For purposes of this chapter, any notice, paper, or document required to be served on any person under this chapter may be served m person or by United States mail to the person's last known address. (b) When service is by mail, three (3) days will be added to the prescribed time period allowed under this chapter for timely filing. (c) Service is complete and time periods begin to run at the time the required notice, paper, or document is delivered m person or deposited m a United States postal receptacle. Sec. 17-102 Additional remedies. The procedures prescribed by this division do not constitute an administrative prerequisite to another action or remedy available to the city or to an aggrieved person under federal or state law Sec 17-103 Education and public information. The administrator may conduct educational and public information activities that are designed to promote the policy of this division. ~,. Sec 17-104 Effect on other law This division does not affect any local, state, or federal restriction. (1) on the maximum number of occupants permitted to occupy a dwelling unit; or (2) relating to health or safety standards. Sec 17-105 Interference with exercise of rights unlawful. It shall be unlawful to coerce, intimidate, threaten or interfere with any person m the exercise or enjoyment of, or on account of his/her having exercised or enjoyed, or on account of his/her having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this division, mcludmg the giving of 29 testimony or provision of mfonnahon m aid of investigation or discovery under this division. Sec. 17-106 Cnmmal penalties for violation. (a) A person who violates a provision of section 17-88, 17-95 or 17-105 of this chapter commits a rmsdemeanor cnmmal offense. A person is guilty of a separate offense for each day or part of a day dunng which a violation is committed, continued, or permitted. (b) A cnmmal offense under thas division is punishable m municipal court as provided by section 1-6 of this Code. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the Crty Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent ~unsdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 30 SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500 00) for each offense. Each day that a violation exists shall constitute a separate offense SECTION 5. The City Secretary of the Crty of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days m the official newspaper of the City of Fort Worth; Texas, as authorized by Section 52 013, Texas Local Government Code. SECTION 6. This ordinance shall take effect upon its adoption and publication as required by law APP OVED AS TO FORM AND LEGALITY G~;cGtc~ City Attorney ADOPTED 9' ~~ _ DO EFFECTIVE 1 O- ~~' Z b y y 31