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HomeMy WebLinkAboutOrdinance 7400fV Y ^ - i ~' V a ~ %i ~ w ~!~e ~ ~ 2' yr -'~~~:. t ~ ' ~ , s i 1 ~ T ~~ t ~ t, -7 /~ ORDINANCE NO. / ~®~/ AN ORDINANCE AMENDING SECTION 13A-21, SECTION 13A-22 AND SECTION 13A-25 OF THE FORT WORTH CITY CODE (1964), AS AMENDED, THE SAME BEING CHAPTER 13A, ARTICLE III WHICH PROHIBITS DISCRIMINATION IN EMPLOYMENT PRACTICES BECAUSE OF AGE, RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN BY ANY EMPhOYER OR GENERAL CONTRACTOR DOING BUSINESS WITH THE CITY; PROVIDING FOR THE MAINTENANCE OF THE INDEPENDENT CONTRACTOR RELATIONSHIP BETWEEN THE CITY OF FORT WORTH AND ANY PERSON, FIRM OR COR- PORATION ENGAGED IN OR BIDDING ON CONTRACTS FOR PUBLIC WORK; DESIGNATING AND EMPOWERING THE FORT WORTH HUMAN RELATIONS COMMISSION TO ADMINISTER THIS ORDINANCE; PROVIDING CERTAIN PROCEDURAL AND ENFORCEMENT PROCEDURES; PROVIDING FOR EXCLUSIONS AS NOT BEING UNLAWFUL; PRO- VIDING A~SEV'ERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES OF THE CITY OF FORT WORTH; REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PRO- ~' VIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVI- DING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Sections 13A-21, 13A-22 and 13A-25 of Chapter 13-A, Article III of the Fort Worth City Code (1964}, as amended, be and the same are hereby amended, and, after being so amended same shall hereafter read and be as follows: ~~ARTICLE III. DISCRIMINATION IN EMPLOYMENT PRACTICES "Sec. 13A-21. Definitions. Whenever the following terms are used in this article, `~~:, same shall have the meanings respectively ascribed to them in this section; "Employee" means an indivi-dual employed by an employer except that the term "employee" shall not include any person elected to public office in any state or political subdivision of any state by the qualified voters thereof. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a state government, governmental agency or political subdivision. ~~ ~. r !j y .~ ~ •- } C " ( ' r., ~'S, e~x; ~ t Y 1~ 4..; . ~ cJ j . ;}; ~ ~~ t "Employer" or "general contractor" means a person who has fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of such a person. "Employment Agency" means any person regularly under- taking with or without compensation to procure em- ployees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. "Labor Organization" means an organization, agency or employee representation committee, group or asso- ciation in which employees participate and which ex- ists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rate of pay, hours or other terms or conditions of employment. "Person" includes one or more individuals, labor unions, partnerships, joint ventures, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organ- izations, trustees, trustees in bankruptcy or recei- vers. "Religion" includes all aspects of religious obser- vance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hard- ship on the conduct of the employer's business. "Sec. 13A-22. Discrimination prohibited. {a) It shall be unlawful for any employer or general contractor doing business with the City, or any agent of any such employer or general contractor, or any labor organization or employ- ment agency which engages in referring employee applicants to any such employer or general con- tractor, to discriminate against any individual because of age, race, color, religion, sex or national origin in any manner involving employ- ment, including the recruitment of applicants for employment, advertising, hiring, layoff, re- call, termination of employment, promotion, de- motion, transfer, compensation, employment class- ification, training and selection for training or any other terms, conditions or privileges of employment. -2- y e. • ~ .i }':` 7~1,Aa• I ~, ~ ~. 1' ~K • 1' .. r . t '~ n ~: "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 said 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 discriminated against, as prohibited by the terms of this ordinance. "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 organ- ization, subcontractor or employment agency either fur- nishing or referring employee applicants to such employer, is discriminating against its employees, as prohibited by the terms of this ordinance. "Any employer, general contractor, labor organization or employment agency subject to the provisions hereof shall post, in a conspicuous place available to all employees and applicants for employment, notices ap- prising employees and applicants of this ordinance. (b) It shall be unlawful for an employer: (1) To fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment because of such individual's age, race, color, religion, sex or national origin. (2) To limit, segregate or classify his employees or applicants for employment in any such way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual's age, race, color, religion, sex or national origin. (c) It shall be unlawful for an employment agency to fail or refuse to refer for employment or other- wise to discriminate against any individual because of his age, race, color, religion, sex or national origin, or to classify or refer for employment any individual on the basis of his age, race, color, re- ligion, sex or national origin. (d) It shall be unlawful for a labor organization: (1) To exclude or to expel from its membership -3- 1 ~ , S.. ~b. ' a .? ~t .!' .~ T 3\ "'r ~. ~ ,# .,., or otherwise to discriminate against any individual because of his age, race, color, religion, sex or national origin. (2) To limit, segregate or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment because of such individual's age, race, color, religion, sex or national origin. (3) To cause or attempt to cause an employer to discriminate against any individual in violation of this section. (e) It shall be unlawful for any employer, labor or- ganization, or joint labor-management committee con- trolling apprenticeship or other training or retraining programs to discriminate against any individual because of his race, color, religion, sex or national origin in admission to or employment in any program established to provide apprenticeship or other training. (f) It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor=management com- mittee controlling apprenticeship or other training or re- training, including on-the-job training programs, to dis- criminate against any individual, or for a labor organ- ization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made unlawful by this ordinance, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this ordinance. (g) It shall be unlawful for an employer, labor organ- ization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer, or member- ship in or any classification or referral for employment by such a labor organization, or relating to any class- ification or referral for employment by such an employ- ment agency indicating any preference, limitation, spec- ification or discrimination based upon age, race, color, religion, sex or national origin, except that such a notice or advertisement may indicate a preference, lim- itation, specification or discrimination based upon re- ligion, sex or national origin when religion, sex or national origin is a bona fide occupational qualification for employment. -4- a ~ ,c. ~ ~ w ', 3. ~,~^ "'. •ia r ~ , . s a .. .' i ~- .~ ,..- '' 3 a ~. ,.- i (h) It shall be unlawful for any person to aid, incite, compel, coerce, intimidate or participate in the doing of any act declared to be unlawful by the provisions of this ordinance or to obstruct or prevent any person from enforcing or complying with the provisions of this or- dinance. "Sec. 13A-25. Certain practices excluded as not being unlawful employment practices. (a) This ordinance shall not apply to any employer with respect to the employment of aliens outside the City of Fort Worth, 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 provision of this ordin- ance, (1) it shall not be unlawful for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-manage- ment committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qual- ification reasonably necessary to the normal operation of that particular business or enterprise, and (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 cor- poration, association, or society, or if the curriculum of such school, college, university, or other educational in- stitution or institution of learning is directed toward the propagation of a particular religion. (c) No provision of this ordinance shall be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or em- ployment agency with respect to an individual who is a member of the Communist 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 Activities Control Board pursuant to the Subversive Activities Control Act of 1950. -5- .- t ~_ . 1 -~, ~~ l . ~- ,. Ga ,,. -t ' ~ ~ -~ ~ ~ r~ (d) Notwithstanding any other provision of this ordinance, it shall not be unlawful for an employer to fail or refuse to hire and employ any individual for any position, for an employer to disch-arge any individual from any position, or for an employment agency to fail or refuse to refer any individual far employment in any position, or for a labor organ- ization to fail or refuse to refer any individual for employment in any position, if-- (1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such .position is pe rformed or is to be performed, is subject to any require- ment imposed in 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 Executive 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 ordinance, it shall not be unlawful for an employer to apply different standards of compensation, or different terms, conditions, or privileges of em- ployment 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 in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, 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 dis- criminate because of race, color, religion, sex or national origin. It shall not be unlawful under this ordinance for any employer to differentiate upon the basis of sex in 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 in this ordinance shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this ordinance to grant preferential treat- ment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organ- ization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such -6- .~ ., r ~ i ~_ + .. T'` . • ,Z, ~, ,~,H, ~. ~f.~ ~ ~. .. - t' .., race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area. (g) Nothing contained in this ordinance shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans or Indians. (h) Nothing contained in this ordinance shall be construed to make unlawful discrimination based upon the ages of persons who are less than forty (40) or more than sixty-five (65) years of age. {i) Nothing in this ordinance shall be interpreted to make unlawful discrimination with respect to aliens who entered and reside in the United St~.tes illegally." SECTION 2. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Fort Worth prohibiting discrimination in employment practices because of age, race, color, religion, sex or national origin by any employer or general contractor doing business with the City, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in any such ordinance or ordinances are hereby repealed. SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holdng~shalla.not affect the va3idty°of~the remaining portions of this ordinance, and all of the remainder of this ordinance not so held to be unconstitutional shall continue to be in. full force and effect. -7-. „ _ ..~ r ~ ,. .. ,., . "~ ~ - ..w, era ., 9 r T E SECTION 4. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council, any City official or employee charged with the en- forcement of this ordinance, acting for the City of Fort Worth in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or per- mitted in the discharge of his said duties. SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage and pub- lication as provided by law. APPRO D AS TO FORM AND LEGALITY: City Attorney ADOPTED: August 9, 1976 EFFECTIVE: _ _ ' V ~ ~ c ~ ._ ~,~ ,.~:`~`"~ - ~ pity ® ~®rt ~®rth, ~'ex~xs L1NE BAILIP~ ~ t ~~~®a° ~~~C ~®~uc~~a~ c~®~~~c~a~~t~a®~ STURI~ ~OMNDROG DATE ~~ REFERENCE SUBJECT Proposed Amendments to PAGE NUMBER Fair Employment Ordinance 1 8/9/76 ~ G-3132 lot On December 22, 1975, the City Council adopted the Fort Worth Fair Employment Ordinance No. 7278 to provide coverage similar to that of the Equal Employment Opportunity Act of 1972 and Title VII of the U. S Civil Rights Act of 1964. By having a local ordinance similar to Title VII, the City of Fort Worth is eligible for a 706 provisional referral contract with the U. S. Equal Employ- ment Opportunity Commission. Such a contract allows EEOC to refer Fort Worth employment discrimination cases filed with the federal government to the City for investigation and possible resolution. Since Ordinance No. 7278 was passed, the Human Relations Commission has been negotiating a 706 contract. Certain technical changes are needed in the existing ordinance before the EEOC Regional Council can approve the ordinance as legally sufficient to Title VIT. Once these changes are made there should be no difficulty in obtaining a decision that Ordinance No. 7278 is legally sufficient to Title VTT. A summary of the changes is attached. The Depart- ment of Law has prepared and approved these amendments to Ordinance No. 7278 as being legally sufficient and the proposed ordinance is submitted as attach- ment two. Cost Under a 706 referral contract the cost for processing complaints is paid by EEOC The exact dollar amount that the City will receive cannot be determined until after these recommended ordinance changes are adopted by the City Council.. The amount of funds varies from city to city. Examples are the $24,000 that Corpus Christi receives and approximately $50,000 that the City of Austin receives. Once a contract is negotiated, a startup amount will be agreed to and the City Council will be requested to approve the contract amount. Recommendation It is recommended that the City Council adopt the attached-0rdinance No. 7278 as amended. VS ms Attachments SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY APPROVED p OTHER (DESCRIBE) ~ /~ / /?s'r ~ s CQti~I~.`c. /1_~ a~ ~ ~ © ® CITY SECRETARY DATE CITY MANAGER ~ _ ~ - °~'(~ t