HomeMy WebLinkAboutOrdinance 8957.,.
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ORDINANCE NO. ~ 9~ ~
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AN ORDINANCE AMENDING CHAPTER 13A, ARTICLE III, "DISCRIMI-
NATION IN EMPLOYMENT PRACTICES," OF THE CODE OF THE CITY
OF FORT WORTH, TEXAS (1964), AS AMENDED, BY REVISING
SECTION 13A-25, PARAGRAPH (h) TO PROVIDE THAT SAID
ARTICLE III SHALL NOT MAKE UNLAWFUL EMPLOYMENT DISCRIMINA-
TION BASED UPON THE AGES OF PERSONS WHO ARE LESS THAN 40
OR MORE THAN 70 YEARS OLD; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PRO-
VIDING A PENALTY; PROVIDING FOR ENGROSSMENT AND ENROLL-
MENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
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That Chapter 13A, Article III, "Discrimination in Employment
Practices, " of the Code of the City of Fort Worth, Texas (1964) , as
amended, be amended by changing Section 13A-25, Paragraph (h), to
read as follows:
"(h) Nothing contained in this Article shall be
construed to make unlawful discrimination based upon
the ages of persons who are less than forty ( 40 ) or
more than seventy (70) years of age."
SECTION 2.
This ordinance shall be cumulative of all ordinances of the
City of Fort Worth except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances, in which
event conflicting provisions of such ordinances are hereby repealed.
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It is hereby declared to be the intention of the City 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 unconstitu-
tional by the valid judgment or decree of any court of competent
jurisdiction, 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 in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 4.
The violation of any provision of this ordinance shall be
deemed an offense and shall be punishable by a fine not exceeding
Two Hundred Dollars ($200), and each violation hereof, and each day
on which there is a failure to comply with the terms of this ordi-
nance, shall be and is hereby declared to be a separate and distinct
offense and punishable as such.
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The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption, penalty
clause and effective date in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption, penalty clause and effective date
of this ordinance for five (5) days in the official newspaper of the
City of Fort Worth, as authorized by TEX. REV. CIV. STATS.,
Art. 1176b-1.
SECTION 7.
This ordinance shall be in full force and effect from and after
the date of its passage and publication as above specified.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: 1 ~ -- ~... ~ .- g 3
ADOPTED: lQ-a,',~ - ~~
EFFECTIVE: -' -~/ 3
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CITY MANAGER•3; J V'11 ~ ((,// ®(/ ~i~~i ~j®~~~~~ ~®~~~~~~((~~7/ ®~~
ACCOUNTIMO.2 ef/ w
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1 ION PU1lLIC WO REFERENCE SUBJECT City Code Amendment -Age Dis- PAGE
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10/25/83 NUMBER
**G-5797
crimination in Employment
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L•1. Background
The Federal Age Discrimination in Employment Act (AREA) prohibits employment
discrimination against individu als who are at least 40 but less than 70 years
of age.
The Human Relations Commission administers Chapter 13A, Article III,
"Discrimination in Employment," of the City Code which also prohibits certain
employment discrimination based on age. Paragraph (h), Section 13A-25,
provides that Article III shall not be construed to make unlawful employment
discrimination based upon the ages of individuals who are "less than 40 or more
than 65 years of age." To comply with provisions of the ADEA, Paragraph (h)
should be amended to read "less than 40 or more than 70 years of age."
Recommendation
Tt is recottunended that the City Council adopt the attached ordinance amending
Paragraph (h), Section 13A-25 of the City Code.
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~ APPROVED BY
CITY COUNCIL
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SUBMITTED FOR THE
CITY MANAGER'S '
DISPOSITION BV COUNCIL.
PROCESSED BY
nFFICE BY
APPROVED
ORIGINATING [' OTHER (DESCRIBE)
DEPARTMENT HEAD - W7,liam Hale CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT William Hale Ext
7525 •~ n~~/
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