HomeMy WebLinkAboutOrdinance 24023-01-2020 ORDINANCE NO. 24023-01-2020
AN ORDINANCE AMENDING CHAPTER 17, "HUMAN RELATIONS" OF
THE CODE OF THE CITY OF FORT WORTH (2015), AS AMENDED, TO
REFLECT REORGANIZATION OF CERTAIN FORMER HUMAN
RELATIONS ADMINISTRATOR FUNCTIONS AS PART OF THE NEWLY
CREATED DIVERSITY AND INCLUSION DEPARTMENT UNDER THE
AUSPICES OF THE CITY MANAGER AND CITY COUNCIL; TO REVISE
THE PROCESS FOR INVESTIGATING COMPLAINTS, INCLUDING
EXPLICIT SUBPOENA AND DISCOVERY AUTHORITY, CLARIFIED
DEADLINES AND APPEAL PROCEDURES, AND PROCESSES FOR
ACCESSING COMPLAINT INFORMATION; TO CLARIFY THE TERMS
OF APPOINTMENT OF MEMBERS TO THE HUMAN RELATIONS
COMMISSION; TO UPDATE REFERENCES TO OUTSIDE LAWS
RELATED TO LEGAL AUTHORITIES AND THRESHOLDS; AND TO
MAKE MINOR CONFORMING CHANGES AND CORRECTIONS,
INCLUDING RENUMBERING AND REORDERING CERTAIN
PROVISIONS AND SUBSECTIONS; PROVIDING FOR INCREASED CIVIL
PENALTY AMOUNTS; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVING CLAUSE; DIRECTING PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, Chapter 17 of the Code of the City of Fort Worth, entitled "Human
Relations"sets forth the public policy of the City of Fort Worth that all of its residents and persons
subject to its jurisdiction should enjoy equal freedom to pursue their aspirations and that
discrimination against any individual or group because of race, creed, color, sex, religion,
disability, age, national origin, familial status, sexual orientation, transgender, gender identity or
gender expression is detrimental to the peace, progress and welfare of the city; and
WHEREAS,the City of Fort Worth has sought to further fulfill this public policy by the
establishment of a new department, the Department of Diversity and Inclusion, to promote the
values of diversity, equity, inclusion, and access as they apply to the City's employee and labor
relations, its provision of municipal services and capital investments, and the quality of life that
all Fort Worth residents experience; and
WHEREAS,the City Council of the City of Fort Worth("City Council")desires to amend
Chapter 17 "Human Relations", Article 11 "Human Relations Commission" and Article III
"Discrimination"to reflect administrative and organizational updates,including provisions related
to the creation of the Diversity and Inclusion Department; regulatory edits, including provisions
to align personnel policies and procedures with City of Fort Worth practices and policies; policy
edits, updates and additions, including provisions to aid in the investigation of complaints of
discrimination in Public Accommodations,Employment and Housing;conforming edits,including
provisions to align investigative methods and procedures with federal processing criteria and
current vernacular; non-substantive corrections, including correction to grammar,punctuation and
sentence structure; and to provide updates to the Fair Housing civil penalty amounts to be
consistent with the law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1.
Chapter 17, "Human Relations," of the Code of the City of Fort Worth (2015), as
previously amended (collectively,the "City Code"), is hereby revised and amended as set forth in
Exhibit"A" attached hereto and incorporated herein for all purposes.
SECTION 2.
The civil penalties prescribed in Subsection(d)(2) (renumbered from Subsection(c)(2)) of
Section 17-98 of Chapter 17, "Human Relations," of the Code of the City of Fort Worth (2015),
as previously amended (collectively, the "City Code"), are hereby increased to read as follows:
(2) Civil penalties to the city for vindication of the public interest in an amount that does
not exceed:
a. $19,787 if the respondent has not been adjudged by a court to have committed a
prior discriminatory housing practice;
b. Except as provided by subsection (d)(2)d. below, $49,467 if the respondent has
been adjudged by a court to have committed one other discriminatory housing
practice during the five-year period ending on the date of the filing of the charge;
c. Except as provided by subsection (d)(2)d. below, $98,935 if the respondent has
been adjudged by a court to have committed two or 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 in subsections (b) and (c) above may be imposed without regard to the
period of time within which any other discriminatory housing practice occurred;_
SECTION 3.
This Ordinance shall be cumulative of all ordinances of the City, except where the
provisions of this Ordinance are in direct conflict with the provisions of such other ordinances, in
which case the conflicting provisions of such other ordinances are hereby repealed.
SECTION 4.
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 or attached exhibit shall be declared unconstitutional by the
valid judgement 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 or any remaining phrases, clauses, sentences, paragraphs and sections in the attached
exhibit, 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.
SECTION 5.
All rights, remedies of the City of Fort Worth,Texas, are expressly saved as to any and all
violations of the provisions of the Code of Fort Worth which have accrued at the time of the
effective date of this ordinance and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption
and penalty of this ordinance for two (2) days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Section 52.013 of the Texas Local Government Code.
SECTION 7.
This Ordinance shall be in full force and effect following its adoption and publication as
required by law.
AND IT IS SO ORDAINED.
ADOPTED: January 28, 2020
EFFECTIVE: F
AUKOTED AS 110 FORM AND LEGALITY:
By:
Assis t City A o ey Mary J. e , Ci y Secretary
F FORT
M&C:20-0038
�XAS
ARTICLE I: IN GENERAL
§ 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 jurisdiction should enjoy equal freedom to pursue their
aspirations and that discrimination against any individual or group because of
race, creed, color, sex, religion, disability, age, national origin, familial status,
sexual orientation, transgender, gender identity or gender expression is
detrimental to the peace, progress and welfare of the city.
(Code 1964, § 2-53; Ord. No. 5802, § 1; Ord. No. 6447, § 1, 3-1-71, Ord. No. 13981,
§ 1, 10-26-99, Ord. No. 14344, § 1, 9-26-00; Ord. No. 14832, § 1, 10-15-01; Ord.
No. 18909-11-209 §1, 11-10-09; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff.
10-1-2010)
§§ 17-2---17-15 RESERVED.
ARTICLE II: HUMAN RELATIONS COMMISSION
§ 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 11 members, who shall be appointed by the
city council on an at-large basis and who shall serve in places numbered one
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.
(Code 1964, § 2-54; Ord. No. 5802, § 1; Ord. No. 5815, § 1; Ord. No. 5879, § 1; Ord.
No. 9254, § 1, 11-20-84; Ord. No. 11598, § 1, 6-21-94; Ord. No. 13981, § 1, 10-26-
99; Ord. No. 14344, § 1, 9-26-00, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff.
10-1-2010))
§ 17-17.-TERMS OF MEMBERS; FILLING VACANCIES.
Each member of the human relations commission shall be appointed to
serve a term of two years; provided, however, that members appointed to odd
appointed to even numbeFed plaGes shall serve teFms whiGh expiFe QGteber 1,
. No
member shall serve more than three consecutive two-year terms.; and the +o,-.,,�
Page l of 56
number 9f teI"IT G t9 be sensed. 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.
(Code 1964, § 2-55, Ord. No. 5802, § 1; Ord. No. 5815, § 1; Ord. No. 5879, § 1; Ord.
No. 9254, § 2, 11-20-84; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-
00, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-18. - POWERS AND DUTIES.
The human relations commission shall have the following duties:
(a) 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, sexual orientation, transgender, gender identity
or gender expression.
(b) To recommend to the city council and the city manager measures designed to
eliminate prejudice and discrimination;
(c) To promote and encourage communications between and cooperation of all
groups interested in bettering community relations.
(Code 1964, § 2-56, Ord. No. 5802, § 1; Ord. No. 13981, § 1, 10-26-99; Ord. No.
14344, § 1, 9-26-00; Ord. No. 18909-11-209§ 1, 11-10-09; Ord. No. 19374-09-
2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-19. - ORGANIZATION.
Members of the human relations commission shall be sworn to uphold the
Constitution 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 chair,and vice-chair.
C��rJ seoretaFy. T rnmmi� h II nt FUI d regulations 6ubjeot to the
.scvrcccrrr�e-�vmrrtro�$��ttarrC�}.�7r-rcrreJ a�cTrccfa�crc7vrr7,
appFO al of the Gigs neunnil pertaining to the perforrv»noe of it6 reties and the
, coo
tame and fYequenGy of its meeting6
(Code 1964, § 2-57, Ord. No. 5802, § 1; Ord. No. 13981, § 1, 10-26-99; Ord. No.
14344, § 1, 9-26-00, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17_20. - AP0OINTMENT OF EMPLOYEES.
(a) Director.
(1) The humaR Felations eemmissien shall have the power to appoint an
admmnmr,tratOF, where appointment shall be sub s eGt tG the review of the
Page 2 of 56
manager and the approval of the nit y nn„nnil DUFiRg the absenoe of an
adMinistra+nrt m sense the oi+v manager shall appoin+ an ao+inn adMinistFa+nr+o
until the humap rela+inns• onmmieoion appOiRts a pees adMiRis rater
(2) The of the arlmipietFa+o�hall he set by the ht tman rela+inn6
nnmm iec�inp in anon rrlanoe With the olassifira+ien and noFnpe Rsa+inn plan far
GO U R Gm
1 The arlminic+ra+or director of.the diversity and inclusion department shall
receive administrative supervision and support from the city manager or his or
her designee. The director-shall carry out the policy directives of
the human relations commission and support the human relations
commission in the performance of their duties.
{4)ghThe performance of the adminiStFat director shall be evaluated,in_
consultation withw the human relations wcommission,,_annually by the GhaiFOf
+he httmap rela+inpe onmmieeion three (3) memheFS of the hurnan vela+ienc
t
GOrnmission appointed by the
the city manager or his or her
designee.
arlmipiGtFa+nr With the nepot trrepne of the ether In the event the human
of-
the adFniniEAFa+or the pity not moil will determine whether+ermina+inn icy
wa Fra n
(b) Staff.
(1) The director shall supervise all other staff, who shall be
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.
(Code 1964, § 2-58; Ord. No. 5960, § 1, 6-10-68; Ord. No. 13981, § 1, 10-26-99;
Ord. No. 14344, § 1, 9-26-00; Ord. No. 16032, § 1, 7-13-04; Ord. No. 19374-09-
2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-21. — FUNDING.
(a) The directorin accordance with budget and city manager directives, will prepare
and__resent the annual budget to fef-the human relations commission for input
The annual bucket and its staff supeFyi6ed by its administrateF shall be SubjeGt tG
+he reoommenda+ion of the human relat
ions
nemmissiep aprl shall be reviewed
by the city manager and approved by the city council.
Page 3 of 56
(b) The human relations commission shall not make any expenditure of any money,
nor incur any liability during any current year, beyond the amount of money
appropriated or set apart in the annual budget to the human relations
commission as authorized and approved by the city council.
(Code 1964, § 2-59; Ord. No. 5960, § 1, 6-10-68, Ord. No. 13981, § 1, 10-26-99;
Ord. No. 14344, § 1, 9-26-00, Ord. No. 16032, § 1, 7-13-04; Ord. No. 19374-09-
2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§§ 17-22. - SUBPOENAS- DISCOVERY.
The director, or his or her designee, may issue subpoenas and order discovery
fe.g., requests_for productions_requests for_admissions,_interrogatories, and
dgR sitions_) in aid_of investigations and_hearmgs under this Chapter to the same}extent
and_.are subject to_them_same limitations as subpoenas and discoye.ry in a civil action in
District Court. .
(Code 1964, § 2-59; Ord. No. 5960, § 1, 6-10-68; Ord. No. 13981, § 1, 10-26-99;
Ord. No. 14344, § 1, 9-26-00; Ord. No. 16032, § 1, 7-13-04, Ord. No. 19374-09-
2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§§ 17-23---17-35 RESERVED.
ARTICLE III: DISCRIMINATION
DIVISION 1: GENERALLY
§§ 17-36---17-45 RESERVED.
DIVISION 2. - PLACES OF PUBLIC ACCOMMODATION
§ 17-46. - DEFINITIONS.
The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
AGE. In the context of unlawful discrimination on the basis of age, the_
prohibitions in this division shallu_be limitedmto_individuals who are at_least ' I`
mean over the ono of i 0 ears of a e.rivty two (62) dears
AGENCY., Theµdiversitv and inclusion department's staff supervised by its_
director.
Page 4 of 56
BAR AND LOUNGE. 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.
a MINIcT ATOR DIRE T R. The individual designated by the citar
manager as the. director ofthe diversity and inclusion department,
or the director's designee." FnaR Felat'
DISABILITY. Has the same definition as it has in § 17-66 of this chapter.
DISCRIMINATION. 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.
GENDER EXPRESSION. A person's external characteristics and
behaviors including, but not limited to, dress, grooming, mannerisms, speech
patterns and social interactions that are socially identified with a particular
gender.
GENDER IDENTITY. A person's innate, deeply felt sense of gender,
which may or may not correspond to the person's body or sex listed on their
original birth certificate.
HOTEL AND MOTEL. 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. 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.
PLACES OF PUBLIC ACCOMMODATION. 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. Every cafe, cafeteria, coffee shop, sandwich shop, parlor
or luncheonette which offers food or beverages for purchase and consumption on
Page_5 of 56
the premises, but shall not include places at which alcoholic beverages are sold
other than as an accompaniment to meals.
SEXUAL ORIENTATION. Heterosexuality, homosexuality or bisexuality
or being identified with such orientation.
THEATER. 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.
TRANSGENDER. A person who experiences and/or expresses their
gender differently from conventional or cultural expectations including, but not
limited to those who express a gender that does not match the sex listed on their
original birth certificate or who physically alter their sex.
(Code 1964, §§ 13A-11, 13A-13; Ord. No. 6205, §§ 2, 3, 11-24-69; Ord. No. 6505,
§§ 1, 2, 6-28-71; Ord. No. 7906, §§ 1, 3, 5-1-79; Ord. No. 13981, § 1, 10-26-99; Ord.
No. 14344, § 1, 9-26-00, Ord. No. 14832, § 2, 10-15-01; Ord. No. 18909-11-209 §1,
11-10-09; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
Cross reference.-
Definitions and rules of construction generally, § 1-2.
§ 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 private
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.
(Code 1964, § 13A-11; Ord. No. 6205, § 3, 11-24-69; Ord. No. 6505, § 2, 6-28-71;
Ord. No. 7906, § 1, 5-1-79, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
26-00, Ord. No. 14832, § 2, 10-15-01; Ord. No. 19374-09-2010, § 1,(Exh. A) 9-28-
10, e ff. 10-1-2010)
§ 17-48. - UNLAWFUL ACTS.
(a) It shall be unlawful for any person or any employee or agentthereof:
(1) To discriminate against, withhold from or deny any person, because of
race, color, religion, sex, national origin, disability, age sexual
Page_6 of 56
orientation, transgender, gender identity or gender expression 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 in a
conspicuous, clearly visible location at each public entrance to the
place of public accommodation; provided, however, it 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.
(c) It shall be a defense to prosecution for discrimination on the basis of disability
under this division that the alleged discrimination resulted from a condition or
structural feature for which a variance had been received from the City of Fort
Worth.
(Code 1964, § 13A-12; Ord. No. 6205, § 1, 11-24-69; Ord. No. 7906, § 2, 5-1-79;
Ord. No. 7962, § 1, 8-28-79, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
26-00; Ord. No. 14832, § 2, 10-15-01; Ord No. 18909-11-209 §1, 11-10-09; Ord. No.
19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-49. — INVESTIGATION OF ALLEGED VIOLATIONS; FILING COMPLAINT.
(a It is the intention of the city council that the hurnaR relati^n�
iversity and inclusion department's staff,, supervised by its
irector.L_shall be the agency (the "agency") to receive and
investigate all complaints of alleged violations of this division., and that 6
apeshall mnlaints by informal methedr, of
`^^`c nfeFenGe,GenGiliation and perruasion. if the ageRGGY G annnrn rot Fe-ssely^e an
alleged violation of this division, the admini&atOF shall be authOFized to
request that a n^mnlaint he filed in rAunininal neUrf
(b) A complaint under this division must be brought within 90 calendar days of
the occurrence of the alleged discriminatory act. Any such complaint shall be
in writing, under oath or affirmation,m and shall contain such information and be
insuch form__as the a.gericy—re—quires.
Page_7 of 56
(c) Upon filing of said complaint the director or his or her designee, not later than
the 10th day after the complaint is received will notify parties to the complaint
that a complaint has been filed
The agency shall attempt to resolve such complaints by informal methods of
conference, conciliation and persuasion. An investigation shall remain open
until as provided in this division, a conciliation agreement is executed and
approved, a determination as to reasonable cause is made or the complaint is
dismissed.
(e) If, upon finding of reasonable cause to believe that a violation of this division
has occurred and the agency cannot resolve the alleged violation through
informal methods of conference, conciliation and persuasion, Gkhisrdiu+s+e ,
the adminiStFat irector of the agency shall be authorized to Fequest-refer
tMt-the a-complaint to the city attorney requesting that a complaint be filed
thereon in municipal court..--pen finding reasonable Gause to believe that
{a) falf, following the execution of a written conciliation agreement between the
agency and a party charged with a violation under this division, the
adminiStFa irector of the agency receives sufficient evidence that gives
him or her 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 adMiRiStFat irector of the
agency shall be authorized to request that a complaint be filed thereon in
municipal court.
§ 17-50. —PROHIBITIONS AND REQUIREMENTS WITH RESPECT TO
QISCLQS IRE QF I,NF—Q-RMATIQNV
(a) Nothing said or done, or documents produced, in the course of conciliation efforts
under this division may be made public or used as evidence in a subsequent_
proceeding without the written consent of the persons involved.
Notwithstanding paragraph (a), the director shall make available to the aggrieved
person and the respondent, at any time, upon request following the completion of
the investigation, information derived from an investigation and any final
investigative report relating to that investigation.
(Code 1964, § 13A-14; Ord. No. 6205, § 4, 11-24-69; Ord. No. 7962, § 2, 8-28-79;
Ord. No. 13981, § 1, 10-26-99, Ord. No. 14344, § 1, 9-26-00; Ord, No. 14832, § 2,
10-15-01; Ord. No. 16032, § 1, 7-13-04; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-
10, eff. 10-1-2010)
17- 1. —DI MI SAL AND APPEAL
(a) If after investigation there is a determination that there is no reasonable cause to
believe that an unfair practice under this Division has been, is being or is aboutto
Pa&e 8 of 56
be committed, the complaint shall be dismissed and parties to the complaint shall
be notified of this action. If a complainant expresses a desire to file an appeal,
the director must allow the complainant reasonable access to review, but not
copy, non-confidential materials in the case file. The determination of what is
considered confidential shall be made by the director or director's designee.
The complainant may appeal a no reasonable cause determination to the
Commission within 20 days of the date the determination is signed by the director
by filing a written statement of appeal with the director.
The director must receive the written statement within 20 days of the date that
the decision was issued. If the director does not receive the written appeal
within 20 days the case will be dismissed and the same shall be entered on
the records of the department.
The only grounds for appeal of a no reasonable cause determination is that
the evidence in the case file does not support the no reasonable cause
decision. The appeal letter must contain a written statement describing the
reasons for the appeal a description of the evidence in the case file that the
complainant believes the commission should consider, and why consideration
of that evidence should have resulted in a reasonable cause determination.
(c) The director shall promptly notify the commission and respondent of the appeal.
Within 10 days after being notified of the appeal, the respondent can file a
statement of why the no reasonable cause determination should be upheld. The
respondent will not be granted access to review the materials in the case file.
The commission can only consider whether the evidence in the case file supports
the director's finding The commission does not re-investigate the complaint or
look at new information.
(e) The commission shall promptly consider and act upon such appeal by (1)
affirming the director's determination; U reversing the decision and directing the
director to enter a cause determination; or(3) if the commission believes the
director should investigate further, remand the complaint to the director with a
request for specific further investigation.
(f) In the event no appeal is taken, or such appeal results in affirmance or if the
Commission has not decided the appeal within 60 days from the date the appeal
statement is filed the determination of the director shall be final and the
complaint deemed dismissed and the same shall be entered on the records of
the Department. Any party aggrieved by the final dismissal may appeal the order
to an appropriate court.
Code 1964, § 13A-14; Ord. No. 6205, § 4, 11-24-69; Ord. No. 7962, § 2, 8-28-79;
Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-00, Ord. No. 1483Z § 2,
Pale 9 of 56
10-15-01; Ord. No. 16032, § 1, 7-13-04; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-
10, eff. 10-1-2010)
§ 17-60§2. — EFFECT OF PROVISIONS ON CIVIL REMEDIES.
This division shall neither add tol nor detract from any civil remedies now
available to persons complaining of discrimination under this division.
(Code 1964, § 13A-15, Ord. No. 6205, § 5, 11-24-69, Ord. No. 13981, § 1, 10-26-99;
Ord. No. 14344, § 1, 9-26-00; Ord. No. 14832, § 2, 10-15-01; Ord. No. 19374-09-
2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-"53. — PENALTY.
Any person violating any provision of this division shall be deemed guilty
of a misdemeanor and upon conviction shall be punished as provided in §1-6 of
this Code.
(Code 1964, § 13A-16 Ord. No. 6205, § 7, 11-24-69; Ord. No. 13981, § 1, 10-26-99;
Ord. No. 14344, § 1, 9-26-00; Ord. No. 14832, § 2, 10-15-01; Ord. No. 19374-09-
2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§§ 17-62§A---17-WJ4_RESERVED
DIVISION 3. - EMPLOYMENT PRACTICES
§ 17-65, - DECLARATION OF POLICY.
(a) Pursuant to the authority stated in Texas Labor Code Section 21.151, these
ordinances related to fair employment are hereby adopted.
It is hereby declared to be the policy of the city to bring about, through fair,
orderly and lawful procedures, the opportunity for each person to obtain
employment without regard to his or her race, color, religion, national origin,
sex disabilily, age. sexual orientation trans ender ender identity or gender
expression.
(c) It is further declared that this policy is grounded upon_a recognition of the right
of individual to work to earn wages and obtain a share of the wealth of this
city through gainful employment of his or her own choice without regard to
race, color, religion, national origin, sex, disability, age, sexual orientation
trans_ eq nder, gender identity or gender expression; and further, that the denial
of such rights through considerations based upon race, color, religion,
national origin, sex, disability, age, sexual orientation,_transgender, gender
identity or gender expression is detrimental to the health, safety and welfare
of the inhabitants of the city and constitutes an unjust_denial or deprivation of
Page 10 of 56
such inalienable. riciht which is within the power and ethe proper responsibility_
of.government o prevent._
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99, Ord. No. 14344, § 1,
9-26-00, Ord. No. 18909-11-209 §1, 11-10-09; Ord. No. 19374-09-2010, § 1(Exh. A),
9-28-10, eff. 10-1-2010)
§ 17-66. - DEFINITIONS.
Whenever the following terms are used in this division, they shall have the
meanings respectively ascribed to them in this section:
AGE In the context of unlawful discrimination, the prohibitions in this
division_shall be„limited to individuals who arewat least 40awyears_of.a-c e.
AGENCY. The FeFt` eFth human relay nnmmi�+6inndivefsitvand
inclusion_department's staff supervised by its director.
AUXILIARY AIDS AND SERVICES.
(1) Qualified interpreters or other effective methods of making aurally
delivered materials available to individuals with hearing impairments;
(2) Qualified readers, taped texts, or other effective methods of making
visually delivered materials available to individuals with visual
impairments;
(3) Acquisition or modification of equipment or devices; and
(4) Other similar services and actions.
COMMISSION, The Fort Worth human relations commission.
COVERED ENTITY. An employer, employment agency, labor
organization, or joint labor-management committee.
ADMINISTRA DI B. The individual designated by the city
manager as the adrniniStFat director-of the diversity and inclusion department,
or the director's designee. .
DIRECT THREAT. A significant risk to the health or safety of others that
cannot be eliminated by reasonable accommodation.
DISABILITY. With respect to an individual:
Page 11 of 56
(1) A physical or mental impairment that substantially limits one or more of
the major life activities of such individual;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
EMPLOYEE. An individual employed by an employer.
EMPLOYER.
(1) Generally. In general, the term EMPLOYER means a person engaged
in an industry affecting commerce who has 15 or more employees for
each working day in each of 20 or more calendar weeks in the current
or preceding calendar year, and any agent of such person.
(2) Exceptions. The term EMPLOYER does not include:
a. The United States, a corporation wholly owned by the government
of the United States, or an Indian tribe; or
b. A bona fide private membership club (other than a labor
organization) that is exempt from taxation under § 501(c) of Title
26.
GENDER EXPRESSION. A person's external characteristics and
behaviors including, but not limited to, dress, grooming, mannerisms, speech
patterns and social interactions that are socially identified with a particular
gender.
GENDER IDENTITY. A person's innate, deeply felt sense of gender,
which may or may not correspond to the person's body or sex listed on their
original birth certificate.
ILLEGAL USE OF DRUGS.
(1) Generally. 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.
Page_12 of 56
(2) Drugs. The term DRUG means a controlled substance, as defined in
schedules I through V of§ 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 42 U.S.C. §
2000e, or its successor statute.
QUALIFIED INDIVIDUAL WITH A DISABILITY. 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 job are essential, and if an
employer has prepared a written description before advertising or interviewing
applicants for the job, this description shall be considered evidence of the
essential functions of the job.
REASONABLE ACCOMMODATION. May include:
(1) Making existing facilities used by employees readily accessible to and
usable by individuals with disabilities; and
(2) 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 examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
SEXUAL ORIENTATION. Heterosexuality, homosexuality or bisexuality
or being identified with such orientation.
TRANSGENDER. A person who experiences and/or expresses their
gender differently from conventional or cultural expectations including, but not
limited to those who express a gender that does not match the sex listed on their
original birth certificate or who physically alter their sex.
UNDUE HARDSHIP.
(1) In general the term UNDUE HARDSHIP means an action requiring
significant difficulty or expense, when considered in light of the factors
set forth in subsection (2) of this definition.
Page_13 of 56
(2) Factors to be considered in determining whether an accommodation
would impose an undue hardship on a covered entity, e-
„sideFed include:
a. The nature and cost of the accommodation needed under this
chapter;
b. The overall financial resources of the facility or facilities involved in
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;
c. 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
d. 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 in question to the covered
entity.
(Code 1964, § 13A-21; Ord. No. 7278, § 1, 12-22-75, Ord. No. 7400, § 1, 8-9-76,
Ord. No. 12570, § 1, 7-9-96, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
26-00, Ord. No. 16032, § 1, 7-13-04; Ord. No. 18909-11-209 §1, 11-10-09; Ord. No.
19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 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, nationalorigin,
sexual orientation, transgender, gender identity or gender expression in any
manner involving employment, including the recruitment of applicants for
employment, advertising, hiring, layoff, recall, termination of employment,
promotion, demotion, transfer, compensation, employment classification,
training and selection for training or any other terms, conditions or privileges
of employment.
(b) No covered entity shall discriminate against a qualified individual with a
disability because of the disability of such individual in regard to job
application procedures, the hiring, advancement, or discharge of employees,
employee compensation, job training, and other terms, conditions, and
privileges of employment.
(c) As used in this section, the term DISCRIMINATE includes:
Page 14 of 56
(1) Limiting, segregating, or classifying a job applicant or employee in a way
that adversely affects the opportunities or status of such applicant or
employee because of the disability of such applicant oremployee;
(2) Participating in a contractual or other arrangement or relationship that has
the effect of subjecting 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 training 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.
(4) Excluding or otherwise denying equal jobs 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 job 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 job-related
for the position in question and is consistent with business necessity; and
(7) Failing to select and administer tests concerning employment in the most
effective manner to ensure that, when such test is administered to a job
applicant or employee who has a disability that impairs sensory, manual,
Page 15 of 56
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 discrimination as referred to in subsection (a) of this
section shall include medical examinations and inquiries.
(e) PROHIBITED EXAMINATION OR INQUIRY means except as provided in
subsection (h)(2) below, a covered entity shall not conduct a medical
examination or make inquiries of a job applicant as to whether such applicant
is an individual with a disability or as to the nature or severity of such
disability.
(f) Acceptable inquiry. A covered entity may make pre-employment inquiries into
the ability of an applicant to perform job-related functions.
(g) Employment entrance examination. A covered entity may require a medical
examination after an offer of employment has been made to a job 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 in separate
medical files and is treated as a confidential medical record, exceptthat:
a. Supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employee and necessary
accommodations;
b. First aid and safety personnel may be 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
(3) The results of such examination are used only in accordance with this
subchapter.
(h) Examination and inquiry.
Page 16 of 56
(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 with a disability or as to the nature
or severity of the disability, unless such examination or inquiry is shown to
be job-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 job-related functions.
(3) Requirement. Information obtained under subsection (h)(2) regarding the
medical condition or history of any employee are subject to the
requirements of subsections(g)(2) and (g)(3)above.
(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
job or benefit to an individual with a disability has been shown to be job-
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 in the workplace.
(3) Religious entities.
a. In general. This subchapter shall not prohibit a religious corporation,
association, educational institution, or society from giving preference in
employment to 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. 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.
Page_17 of_56
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 in 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 subsection (i)(3)a. above, and
which cannot be eliminated by reasonable accommodation, a covered
entity may refuse to assign or continue to assign such individual to a
job involving food handling.
c. Construction. Nothing in 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 eliminated by reasonable
accommodation, pursuant to the list of infectious or communicable
diseases and the modes of transmissibility published by the secretary
of health and human services.
Q) Illegal use of drugs and alcohol.
(1) Qualified individual with a disability. For purposes of this division, theterm
QUALIFIED INDIVIDUAL WITH A DISABILITY shall not include any
employee or applicant who is currently engaging in the illegal use of
drugs, when the covered entity acts on the basis of such use.
(2) Rules of construction. Nothing in subsection 0)(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 in the illegal use of drugs, or has otherwise
been rehabilitated successfully and is no longer engaging in such use;
b. Is participating in a supervised rehabilitation program and is no longer
engaging in such use; or
c. Is erroneously regarded as engaging in such use, but is not engaging
in 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, including but not limited to drug testing, designed to
ensure that an individual described in subsection (j)(2)a. or (j)(2)b.
above is no longer engaging in the illegal use of drugs.
Page 18 of 56
(3) Authority of covered entity. A covered entity:
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 in the illegal use of drugs at the workplace;
c. May require that employees behave in 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
job 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, including complying with regulations (if any) that apply
to employment in sensitive positions in such an industry, in the
case of employees of the covered entity who are employed in such
positions (as defined in the regulations of the department of
defense);
2. Employees comply with the standards established in such
regulations of the nuclear regulatory commission, if the employees
of the covered entity are employed in an industry subject to such
regulations, including complying with regulations (if any) that apply
to employment in sensitive positions in such an industry, in the
case of employees of the covered entity who are employed in such
positions (as defined in the regulations of the nuclear regulatory
commission); and
3. Employees comply with the standards established in such
regulations of the department of transportation, if the employees of
the covered entity are employed in a transportation industry subject
to such regulations, including complying with such regulations (if
any) that apply to employment in sensitive positions in such an
industry, in the case of employees of the covered entity who are
Page.19 056
employed in such positions (as defined in 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 job 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 discriminated 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 referring employee applicants to such employer is discriminating
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, in a
conspicuous place available to all employees and applicants for employment,
notices apprising employees and applicants of this division.
(Code 1964, § 13A-22, Ord. No. 7278, § 2, 12-22-75, Ord. No. 7400, § 1, 8-9-76;
Ord. No. 12570, § 1, 7-9-96, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
26-00, Ord No. 18909-11-209 §1, 11-10-09, Ord. No. 19374-09-2010, § 1(Exh. A), 9-
28-10, eff. 10-1-2010)
§ 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 in
the performance of any existing contract for public work as an independent
contractor of the city.
Page 20 of 56
(Code 1964, § 13A-23; Ord. No. 7278, § 3, 12-22-75; Ord. No. 12570, § 1, 7-9-96;
Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-00; Ord. No. 19374-09-
2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-69. - ENFORCEMENT.
(a) It is the intention of the city council that the hurnan Felat" c
GE)MMissiGadiversity_and_inclusion department's staff supervised by its
adminiStFateF director shall be the agency (the "agency") authorized to
enforce the provisions of this division.
(b) Following a complaint, and provided that there is justifiable reason to believe
there is a violation of any provision of this division, the agency 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 in a manner satisfactory
to such agency, it may refer same to the city attorney and/or to the
appropriate federal office. Nothing said or done,,,or documents produced
during, and as a part of any such investigation or attempt at resolution shall
be made public without the written consent of the persons concerned.
(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 agency 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 days and may
make an investigation thereof.
(1) Any such charge shall be in writing, under oath or affirmation, and shall
contain such information and be in such form as the agency requires.
Such charge shall be filed within 180 days after the alleged unlawful
employment practice occurred. Such charges shall not be made public.
(2) Should the agency determine, after such investigation, that there is not
reasonable cause to believe that the charge is true, such agency 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 agency may endeavor to eliminate any
such alleged unlawful employment practice by informal methods of
conference, conciliation and persuasion.
Page_21 of 56
(Code 1964, § 13A-24; Ord. No. 7278, § 4, 12-22-75, Ord. No. 12570, § 1, 7-9-96;
Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-00, Ord. No. 16032, § 1, 7-
13-04; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§_17-7Q. PR HIBITJ9NS AND R_ I MEN $ WITH RESPECT TO
PtSCLQ_-a0-9 QF RMAT N
(a)w Nothing said or done,_or documents_produced, in the course of conciliation efforts
under this divisionmay b,e,made._Public or used as evidence ln_asubsequent..
proceeding without the written consent of the.personsinvolved.
(b) Notwmithstand_i g_paragraph (a)_,.mthe director shall make available to the aggrieved
person and the respondent,at any time upon request following the completion of
the inve tigation, information derived from an.investigation an _dany_final.
investigative report_relatin�to__that investigation,.
(Code 1964, § 13A-24; Ord. No. 7278, § 4, 12-22-75, Ord. No. 12570, § 1, 7-9-96;
Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-00; Ord. No. 16032, § 1, 7-
13-04; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 174071. - 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 organization to
classify its membership or to classify or refer for employment any
individual, or for an employer, labor organization or joint labor-
management committee controlling apprenticeship or other training or
retraining programs to admit or employ any individual in any such
program, on the basis of his or her religion, sex or national origin in 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,
Page 22 of 56
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) Notwithstanding any other provision of this division, it 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 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 performed or is to be
performed, is subject to any requirement 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
order of the President; and
(2) Such individual has not fulfilled or has ceased to fulfill that requirement.
(d) Notwithstanding any other provision of this division, it 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 in 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, sexual orientation,
transgender, gender identity or gender expression 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, sexual orientation,
transgender, gender identity or gender expression. It shall not be unlawful
under this division 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)).
(e) Nothing contained in this division shall be interpreted to require any employer,
employment agency, labor organization or joint 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, sexual orientation, transgender, gender identity or gender expression
Page_23 of 56
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, sexual orientation,
transgender, gender identity or gender expression 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 in, any apprenticeship or other
training program, in comparison with the total number or percentage of
persons of with disabilities or of such age group, race, color, religion, sex,
national origin, sexual orientation, transgender, gender identity or gender
expression in any community, state, section or other area, or in the available
work force in any community, state, section or other area.
(f) Nothing contained in this division shall be construed to repeal or modify any
federal, state, territorial or local law creating special rights or preference for
veterans or Indians.
(g) Nothing in this division shall be construed to make unlawful discrimination
based upon the ages of persons who are less than forty (40) years old.
(h) Nothing in this division shall be interpreted to make unlawful discrimination
with respect to aliens who entered and reside in the United States illegally.
(Code 1964, § 13A-25, Ord. No. 7278, § 5, 12-22-75; Ord. No. 7400, § 1, 8-9-76;
Ord. No. 8957, § 1, 10-25-83; Ord. No. 10093, § 1, 4-12-88, Ord. No. 12570, § 1, 7-
9-96, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-00, Ord No. 18909-
11-209§1, 11-10-09, Ord. No. 19374-09-2010, § 1(Exh. A), passed 9-28-10, eff. 10-
1-2010)
§ 17-7472. -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 $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 in § 1-6
of this code.
(Code 1964, § 13A-29; Ord. No. 7278, § 9, 12-22-75; Ord. No. 13981, § 1, 10-26-99)-
Ord. No. 14344, § 1, 9-26-00; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-
1-2010)
§ 17-727-1---17-85 RESERVED.
DIVISION 4: FAIR HOUSING
Page_24 of 56
§ 17-86. - DECLARATION OF POLICY.
(a) Pursuant.,to the authoritv stated in Texas Local Government Code Section
214.903.,._these ordinances related to fair housing are herebyadoo_ted.
WL} Llt is hereby declared to be the policy of the city to bring about, through fair,
orderly and lawful procedures, the opportunity for each person to obtain
housing without regard to his or her race, color, religion, national origin, sex,
disability, familial status, sexual orientation, transgender, gender identity or
gender expression.
ko(c)lt 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 or her own
choice without regard to race, color, religion, national origin, sex, disability,
familial status, sexual orientation, transgender, gender identity or gender
expression; and further, that the denial of such rights through considerations
based upon race, color, religion, national origin, sex, disability, familial status,
sexual orientation, transgender, gender identity or gender expression 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
within the power and the proper responsibility of government to prevent.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99, Ord. No. 14344, § 1,
9-26-00, Ord. No. 18909-11-209§1, 11-10-09; Ord. No. 19374-09-2010, § 1(Exh. A),
9-28-10, eff. 10-1-2010)
§ 17-87. - DEFINITIONS.
The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
AGENCY. The Human _,.iversity-and,
innclusion deeartment_and its staff supervised by its director.
AGGRIEVED PERSON. Includes any person who:
(1) Claims to have been injured by a discriminatory housing practice; or
(2) Believes that he/she will be injured by a discriminatory housing
practice that is about to occur.
COMMISSION. The Fort Worth human relations commission.
COMMITTEE. The housing committee of the Fort Worth human relations
commission.
Page 25 of 56
COMPLAINANT. A person, including the director or the commission, who
files a complaint under § 17-90 of this division.
CONCILIATION. The attempted resolution of issues raised by a
complainant or by the investigation of the complaint, through informal
negotiations involving the aggrieved person, the respondent and the
admmn *�tordirector.
CONCILIATION AGREEMENT. A written agreement setting forth the
resolution of the issues in conciliation.
nnnWcronrno DIRECTOR. The individual designated by_the mcity_
manager as adMiRoStFatdirector of the diversity_and inclusion department, or
the director's designee.""m^^ Felat*
DISABILITY:
(1) DISABILITY means, with respect to a person:
a. A physical or mental impairment which substantially limits one or
more of such person's major 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.
1. DISCRIMINATION ON THE BASIS OF DISABILITYmeans:
a. To discriminate in 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 in or intending to reside in that dwelling after it
is sold, rented, or made available; or
3. Any person associated with that buyer or renter.
b. For purposes of this subsection, DISCRIMINATION includes:
1. A refusal to permit, at the expense of the person with a
disability, reasonable modifications of existing premises
Page 26 of 56
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 interior of the
premises to the condition that existed before the modification,
reasonable wear and tear excepted;
2. A refusal to make reasonable accommodations in 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 in a mannerthat:
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 within all
premises within such dwellings are sufficiently wide to allow
passage by persons in wheelchairs; and
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 in accessible locations;
C. Reinforcements in bathroom walls to allow later
installation of grab bars; and
D. Usable kitchens and bathrooms such that an individual in
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-Al 17.1") suffices to satisfy the requirements of
subsection (2)(b)(3) above.
d. COVERED MULTIFAMILY DWELLING means:
Page 27 of.56
1. Buildings consisting of four or more units if such buildings have
one or more elevators; and
2. Ground floor units in other buildings consisting of four (4) or
more units.
e. Nothing in this division shall be construed to invalidate or limit any
law of a state or political subdivision of a state, or other jurisdiction
in which this division shall be effective that requires dwellings to be
designed and constructed in a manner that affords persons with
disabilities greater access than is required by this division.
f. Nothing in this subsection (2)f. of this definition 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 in substantial physical damage to
the property of others.
DISCRIMINATORY HOUSING PRACTICE. An act prohibited by §17-88
of this division.
DWELLING.
(1) Any building, structure, or part of a building or structure that is
occupied as or designed or intended for occupancy as a residency
resi,dence_by one 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 subsection (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 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
Page 28 of 56
c. Is in the process of obtaining legal custody of an individual younger
than 18 years of age.
FAMILY. Includes a single individual or group Wof individuals living
together under one common roof
GENDER EXPRESSION. A person's external characteristics and
behaviors including, but not limited to, dress, grooming, mannerisms, speech
patterns and social interactions that are socially identified with a particular
gender.
GENDER IDENTITY. A person's innate, deeply felt sense of gender,
which may or may not correspond to the person's body or sex listed on their
original birth certificate.
PERSON. Includes an individual, corporation, organization, government or
governmental subdivision or agency, business trust, estate, trust, partnership,
association, and any other legal entity.
RESPONDENT.
(1) The person accused in a complaint of discriminatory housing practice;
or
(2) Any person identified as an addition or substitute respondent under §
17-90 of this division.
SEXUAL ORIENTATION. Heterosexuality, homosexuality or bisexuality
or being identified with such orientation.
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 here Msexuality homosexuality or
bisexuality er being identified with S Gh Orientation
TRANSGENDER. A person who experiences and/or expresses their
gender differently from conventional or cultural expectations including, but not
limited to those who express a gender that does not match the sex listed on their
original birth certificate or who physically alter their sex.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99, Ord. No. 14344, § 1,
9-26-00, Ord. No. 16032, § 1, 7-13-04; Ord No. 18909-11-209 §1, 11-10-09; Ord.
No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-88. - DISCRIMINATION PROHIBITED.
Page 29 of 56
(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 origin, sexual orientation, transgender, gender identity
or gender expression.
(2) A person may not discriminate against any person in the terms, conditions or
privileges of sale or rental of a dwelling, or in providing services or facilities in
connection with the sale or rental, because of race, color, religion, sex,
disability, familial status, national origin, sexual orientation, transgender,
gender identity or gender expression.
(b) Publication. A person may not make, print 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 origin, sexual orientation, transgender, gender identity or gender
expression, 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 origin, sexual orientation,
transgender, gender identity or gender expression 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 origin, sexual orientation,
transgender, gender identity or gender expression.
(e) Residential real estate related transaction.
(1) A person whose business includes engaging in residential real estate related
transactions may not discriminate against a person in making a real estate
related transaction available or in the terms or conditions of a real estate
related transaction because of race, color, religion, sex, disability, familial
status, national origin, sexual orientation, transgender, gender identity or
gender expression.
(2) In this section, RESIDENTIAL REAL ESTATE RELATED TRANSACTION
means any of the following:
Page 30 of 56
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 in, a multiple-listing service, real estate brokers'
organization or other service, organization or facility relating to the business of
selling or renting dwellings, or discriminate against a person in the terms or
conditions of access, membership or participation in such an organization,
service, or facility because of race, color, religion, sex, disability, familial status,
national origin, sexual orientation, transgender, gender identity or gender
expression.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99, Ord. No. 14344, § 1,
9-26-00; Ord No. 18909-11-209 §1, 11-10-09, Ord. No. 19374-09-2010, § 1(Exh. A),
9-28-10, eff. 10-1-2010)
§ 17-89. - EXEMPTIONS; EXCLUSIONS.
(a) Housing for ' older persons 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 62 years of age or older;or
c. Intended and operated for occupancy by at least one person 55 years of
age or older per unit as determined by the Secretary of the United States
Department of Housing and Urban Development. To the extent that such a
determination falls within the jurisdiction of the commission, the following
factors at minimum must be present for the dwelling(s) to qualify for the
exemption:
Page 31 of 56
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 80% of the units are occupied by at least one person 55
years of age or older per unit; and
3. The publication of, and adherence to policies and procedures which
demonstrate an intent by the owner or manager to provide housing for
persons 55 years of age or older.
(b) Certain sales and rentals exempted.
(1) Subject to subsection (b)(2) below, § 17-88 does not apply to:
a. The sale or rental of a single-family house sold or rented by an owner if:
1. The owner does not:
I. Own more than three single-family houses at any one time;or
ll. Own any interest in, nor is there owned or reserved on his or her
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 single-family houses at any one time; and
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 or more families; or
II. The publication, posting, or mailing of a notice, statement or
advertisement prohibited by § 17-88.
b. The sale or rental of rooms or units in a dwelling containing living quarters
occupied or intended to be occupied by no more than four families living
independently of each other if the owner maintains and occupies one of
the living quarters as the owner's residence.
Page 32 of 56
(2) The exemption of subsection (b)(1)(a)(1) of this section applies to only one
sale or rental in a 24-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 in conjunction with, a religious organization, association or society,from:
a. Limiting the sale, rental or occupancy of dwellings that it 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 in
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 it 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 in the
business of furnishing appraisals of real property from taking into consideration
factors other than race, color, religion, sex, disability, familial status, national origin,
sexual orientation, transgender, gender identity or gender expression.
(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 in any
other local, state or federal law.
(Ord. No. 11075, § 1, 4-21-92, Ord. No. 11384, § 1(A), 8-17-93, Ord. No. 13981, § 1,
10-26-99; Ord. No. 14344, § 1, 9-26-00, Ord No. 18909-11-209 §1, 11-10-09; Ord.
No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-90. - ENFORCEMENT.
(a) It is the intention of the city council that the huma^ Felati 3s;endi_versity
and inclusion department and its staff supervised by its adrniniStFat irector
shall be the agency (the "agency") authorized to enforce the provisions of this
division under the supervision of the city manager or his or her designee as
Page 33 of 56
provided under§ 2 of Chapter V of the Charter, as further provided hereinafter,
and as further provided under state and federal law.
(b) The sommission shall delegate to the administFatOF dmFeGtOF and staff the duty G
day to day implementation and enfqFGement of this
(c) The administFat irectoris encouraged to cooperate with the Secretary of
Housing and Urban Development and the Attorney General of the United States
in 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 in any way
consistent with the policy of this division. The adm atG"irector is
encouraged to cooperate with the Civil Rights Division of the_Texas
Workforce Commission in the enforcement of the Texas Fair
Housing Act, and may assist the Civil Rights Division of the Texas Gemnissiee-
on Human R4g4 s Workforce Co_mmission_in any way consistent with the policy of
this division.
(d) The ad ;mot -irector may order discovery in 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 in aid of a civil
action in a Texas Sstate diStFiGt District EeUFt-COU.rt ,
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99 Ord. No. 14344, § 1,
9-26-00, Ord. No. 16032, § 1, 7-13-04; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-
10, eff. 10-1-2010)
§ 17-91. - COMPLAINT AND ANSWER.
(a) An aggrieved person, or any authorized representative of an aggrieved person,
may file a complaint with the irector not later than one year after
an alleged discriminatory housing practice has occurred or terminated. A
complaint may also be filed by the administrat _.irector, not later than one year
after an alleged discriminatory housing practice has occurred or terminated, if the
administrat _irector has reasonable cause to believe that a person has
committed a discriminatory housing practice.
(b) The adminiStFat irector shall treat a complaint referred by the Secretary of
Housing 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 Civil Rights Division of the Texas Workforce CommissionM_on Human
Rights under the Texas Fair Housing Act, Texas_Property Code Chapter 301_,._
AFtiGle IT VerneR's Texas Revised civil Statutes, as amended, as a complaint
filed under subsection (a) above. No action will be taken under this division
against a person for a discriminatory housing practice if the referred complaint
Page 34 of 56
was filed with the governmental entity later than one year after an alleged
discriminatory housing practice occurred or terminated.
(c) A complaint must be in 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 in 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, sexual orientation, transgender, gender identity
or gender expression).
(d) Upon the filing of a complaint, the adminiStFat irector shall, in writing:
(1) Notify the complainant, and the aggrieved person if different from the
complainant, that a complaint has been filed; and
(2) Advise the complainant, and the aggrieved person if different from the
complainant, of time limits applicable to the complaint and of any rights,
obligations, and remedies of the aggrieved person under this division.
(e) Not more than ten days after the filing of a complaint, the adMiRiStFat _ irector
shall, in writing:
(1) Notify the respondent named in the complaint that a complaint, alleging the
f commission of a discriminatory 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 informal
answer to the complaint within ten days after service of notice of the
complaint; and
Page 35 of_56
(4) Advise the respondent of other rights and remedies available to the aggrieved
person under this division.
(f) Not later than the tenth day after service of the notice and copy of the complaint,
unless an_extension is granted by_the director, a-respondent may file an answer
to the complaint. The answer must be in 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.
(3) Advise that.retaliation against any person who fi_les_a..complaint or assists or
otherwise._participates_in the investigation„wof a complaint is a discrim_inatory
housing practice
(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-
director shall furnish a copy of each amended complaint OF answeF, FespeGtively,
to the respondent eFand_complainant, and any aggrieved person if different from
the complainant, as promptly as is practicable.
(h) The adFniRiStFat director may not disclose or permit to be disclosed to the public
the identity of a respondent while the complaint is in 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 in 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 year after the date on
which the complaint was filed unless it is impracticable to do so, in which case,
the adrMnistrat director shall notify the complainant, the aggrieved person if
different from the complainant, and the respondent, in writing, of the reasons for
the delay.
(Ord. No. 11075, § 1, 4-21-92, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00, Ord. No. 18909-11-209 §1, 11-10-09; Ord. No. 19374-09-2010, § 1(Exh. A),
9-28-10, eff. 10-1-2010)
§ 17-92. - INVESTIGATION.
(a) Not more than 30 days after the filing of a complaint by an aggrieved person or
by the director, the administFat irector shall commence an
Page 36 of 56
investigation of the complaint to determine whether there is reasonable cause to
believe a discriminatory housing practice was committed and the facts of the
discriminatory housing practice.
(b) The adMiniStFat __irector shall seek the voluntary cooperation of any person to:
(1) Obtain access to premises, records, documents, individuals, and any other
possible source of information;
(21 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.
(c) The adMiRiStFat irector may, at the adminiStFat director'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, § 7 of the City
Charter. Failure to comply with a subpoena issued under this subsection (c) is a
criminal offense and is punishable as provided by ordinance.
(d) An investigation shall remain open until as provided in 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 admunustFat . irector_shall complete the investigation within 100 days
after the date of filing of the complaint. If the admini6trat irector is unable to
complete the investigation within the 100-day period, the as'mi^�r,-atn-rdirector
shall notify the complainant, the aggrieved party if different from the complainant,
and respondent, in writing, of the reasons for the delay.
(e) This section does not limit the authority of the admi te-director to conduct
such other investigations or to use such other enforcement procedures,
otherwise lawful, as the admunustrat irector considers necessary to enforce
this chapter.
(f) The administrat __irector shall prepare a final investigative reportshowing:
t1l The names of and dates of contact with witnesses;
L2) A summary, including dates, of correspondence and other contacts with the
aggrieved person and the respondent;
(;�j A summary description of other pertinent records;
(4) A summary of witness statements; and
Page 37 of 56
(5j,Answers to interrogatories.
(g) Prohibitions and requirements with respect to disclosure of information:
1(� Nothing said or done, or documents produced, in the course of conciliation
efforts under this division may be made public or used as evidence in a
subsequent proceeding without the written consent of the persons involved.
M2hNotwithstanding paragraph (a), the director shall make available to the
aggrieved person and the respondent, at any time, upon request following the
completion of the investigation, information derived from an investigation and
any final investigative report relating to that investigation.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-93. - TEMPORARY OR PRELIMINARY RELIEF.
(a) If at any time following the filing of a complaint the director
concludes that prompt judicial action is necessary to carry out the purposes of
this division, the _ irector may request the city attorney to initiate a
civil action in 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 director's request, the city attorney shall promptly
file the action in the state district court. Venue is in 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.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff.10-1-2010)
§ 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 in municipal court, the admini6tFatGd.ir1ectprr shall try to conciliate
the complaint. In conciliating a complaint, the administFat _irector_shall try to
achieve a just 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.
Page 38 of 56
(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 ad^^i�r
director issue a charge against a party, for the discriminatory housing practice
specified in the agreement under subsection (d)(1) below unless the
admiRms#at irector_determines that the agreement has been violated and
notifies the city attorney in writing of the violation.
(c) A conciliation agreement must be in 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 adminiStFat _.irector 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)
above 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) above;
(2) An identification of the housing accommodation subject 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 adminiStFat irector 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) above, a conciliation agreement
may include any other term or condition agreed to by the parties, including, but
not limited to:
(1) Monetary relief in the form of damages, including humiliation and
embarrassment and attorney fees; and
P42e.39 of 56
(2) Equitable relief such as access to the housing accommodation at issue, or to
a comparable housing accommodation, and provision of services and
facilities in connection with a housing accommodation.
(f) Nothing said or donee, or documents produced_,._during the course of conciliation
eff__orts_may be made public or used as evidence in 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 administF director 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 administrat irector maypublish tabulated descriptions of the
results of all conciliation efforts.
(h) If the aggrieved person brings a civil action under a local, state, or federal law
seeking relief for the alleged discriminatory housing practice and the trial in the
action begins, the adFniniStFat irector shall terminate efforts to conciliate the
complaint unless the court specifically requests assistance from the
adminiStFat irector. The director may also terminate efforts to
conciliate the complaint if:
(1) The respondent fails or refuses to confer with the adman;StFat director;
(2) The aggrieved person or the respondent fails to make a good faith effort to
resolve any dispute; or
(3) The director finds, for any reason, that voluntary agreement is
not likely to result.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99, Ord. No. 14344, § 1,
9-26-00, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-95. - VIOLATION OF CONCILIATION AGREEMENT.
(a) A person commits an offense if, after the person executes a conciliation
agreement under § 17-94, he or she materially-violates any term orcondition
contained in the agreement.
(b) It is no defense to criminal prosecution in municipal court or to civil action in state
district court under this section that, with respect to a discriminatory housing
practice that gave rise to the conciliation agreement under §17-94:
(1) The respondent did not commit the discriminatory housing practice;or
Page 40 of 56
(2) The administFat director did not have probable cause to believe the
discriminatory housing practice was committed.
(c) If the adminiStFat irector determines that a conciliation agreement has been
materially_.violated, the administFat _irector-shall give written notice to all parties
subject to the agreement.
(d) When the adminiStFat irector has reasonable cause to believe that
respondent has materialll_breached a conciliation agreement, the
administFatGf-
director-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
dminiStFatnr--irector-shall also file a criminal action in municipal court for a
violation of the agreement.
(Ord. No. 11075, § 1, 4-21-92, Ord. No. 13981, § 1, 10-26-99, Ord. No. 14344, § 1,
9-26-00, eff. 10-1-2010)
§ 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 admiRiStFat irector, but within 100 days of the filing of the complaint with
the director and if conciliation has not been effected, the
adminustF t - irector may refer the matter complained of to the committee,
together with the answer of the respondent, if any, and a full report of his or her
investigation and activities in the matter.
(b) In lieu of a hearing before the committee as set out in § 17-96(c) below, a
complainant, respondent or an aggrieved person on whose behalf a charge is
filed, may elect in writing to have the claims asserted in the complaint decided in
state district court provided in § 17-98 of this Code or as provided for under
Article Il, §§ 2.06 and 2.08 of the Texas Fair Housing Act (.T.R.C.S. ^r+in'o 1f
Texas Property_ Code, Chapter 301,_,as amended or any successor statute) and
Chapter 81933-7--of the Texas Workforce._Commission Civil Rights Division
adopted rules ,on Huma eedUFal Rul . This election may be made at
any reasonable time under the foregoing laws but must be made not later than
20 days after the receipt by the electing person of notice that a hearing under
subsection (c) has been requested.
(c) The committee shall order a hearing if respondent or complainant requests
same. If respondent or complainant does not request a hearing, same shall be
deemed to have been waived and the committee shall direct the adffliRlStFat
director to issue a determination of reasonable cause and a charge, if it finds the
preponderance of the credible evidence so warrants.
Page 41 of 56
(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 in whole or in part. Reasonable
notice and opportunity for discovery shall be given to all parties. The hearing
shall be conducted in a fair and impartial manner and shall be public as required
by Tex. Government Code Chapter 551.Witnesses appearing at such hearing
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 or her assistant. The complainant, and the person or persons
alleged to have committed or to be about to commit the discriminatory 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 hearing either personally or
by representative after notice as provided above, then such hearing shall be
deemed waived by such person or persons.
(e) The hearing panel shall make such findings as a majority 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 director together with the
hearing panel's determination 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 admiRiStFat directo.r..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
hearing, if any; and
(3) Need not be limited to the facts or grounds alleged in the complaint filed with
the commission under this division.
(g) Any charge issued by the ad staat director will be forwarded within ten 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 ae ' imrector may not issue a charge and the city attorney may not
bring or maintain a civil action in state district court for an alleged discriminatory
housing practice after the aggrieved person has brought a civil action under local,
state, or federal law seeking relief for the alleged discriminatory housing practice
Page 42 of 56
and the trial in the action has begun. If a charge may not be issued by the
admonistFat __irector 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 aggrieved party,
the director shall notify the complainant, the aggrieved person if
different from the complainant, and any respondents, in writing.
(i) Any final action, together with the findings or orders thereon, of the hearing
panel, commission and/or the as irector.are subject to judicial review
as provided by state law.
(Ord. No. 11075, § 1, 4-21-92, Ord. No. 11167, § 1(A), 9-8-92; Ord. No. 11384, §
1(8), 8-17-93, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-00, Ord. No.
16032, § 1, 7-13-04, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-97. - DISMISSAL A D APPEAL OF COMPLAINT.
(a) A complaint may be dismissed by the admin c*�f-director_during the
investigation and prior to referral to the committee when the adminiStFatef
director determines that:
The complaint was not filed within the required time period;
0 The location of the alleged discriminatory housing practice is not within
the city's jurisdiction;
(3) The alleged discriminatory housing practice is not a violation of this
division;
(4� The complainant or aggrieved person refuses to cooperate with the
adminiStFat director-in 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 director 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 judge 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 in municipal court.
(c) The adminffiStFat director shall notify the complainant, the aggrieved person if
different from the complainant, and the respondent of the dismissal of the
Page_43 of 56
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.
(d) The complainant may appeal a no reasonable cause determination to the
commission within 20 days of the date the determination is signed by the director
by filing a written statement of appeal with the director. If,a complainant
expresses a desire to file an appeal, the director must allow the complainant
reasonable access to review, but not copy, non-confidential materials in the case
file. The determination of what is considered confidential shall be made by the
director or director's designee.
M The director must receive the written statement within 20 days of the date that
the decision was issued. If the director does not receive the written appeal
within 20 days the case will be dismissed and the same shall be entered on
the records of the department.
(2) The only grounds for appeal of a no reasonable cause decision is that the
evidence in the case file does not support the no reasonable cause decision.
The appeal letter must contain a written statement describing the reasons for
the appeal, a description of the evidence in the case file that the complainant
believes the commission should consider, and why consideration of that
evidence should have resulted in a reasonable cause determination.
(e) The director shall promptly notify the commission and respondent of the appeal.
Within 10 days after being notified of the appeal, the respondent can file a
statement of why the no reasonable cause decision should be upheld. The
respondent will not be granted access to review the materials in the case file.
(f) The commission can only consider whether the evidence in the case file supports
the director's finding. The commission does not re-investigate the complaint or
look at new information.
(g) The commission shall promptly consider and act upon such appeal by (1)
affirming the director's determination; (2) reversing the decision and directing the
director to enter a cause determination; or(3) if the commission believes the
director should investigate further, remand the complaint to the director with a
request for specific further investigation.
(h) In the event no appeal is taken, or such appeal results in affirmance or if the
commission has not decided the appeal within 60 days from the date the appeal
statement is filed the determination of the director shall be final and the
complaint deemed dismissed and the same shall be entered on the records of
the department. Any paq aggrieved by the final dismissal may appeal the order
to an appropriate court.
Page 44 of 56
(Ord. No. 11075, § 1, 4-21-92, Ord. No. 13981, § 1, 10-26-99, Ord. No. 14344, § 1, 9-
26-00; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-98. - CIVIL ACTION IN STATE DISTRICT COURT IN COMPLAINTS ALLEGING
DISCRIMINATION BASED ON RACE, COLOR, SEX, RELIGION, NATIONAL ORIGIN,
DISABILITY, OR FAMILIAL STATUS.
(a) If„the director.has issued a charge, or if a party has elected under 17-96 bf ) to_
have the claims raised by the complaint resolved in court, the city attorney, upon
the_request.of the director, after receiving from the director a copy of the char9e,
and after consulting with the Cityu Manager, will initiate and maintain a civil action
on behalf of the aggrieved_person in the Texas State District Court seeking relief
under_thischaoter Venue is Tarrant County,Texas.
Wfb) If a respondent has been found by the adfi^iGtFat director and the city
attorney to have materials breached an executed conciliation
,,agreement or Of the
admiRis #ter ha,�l a a���, OF if a paFt i as electl.�7' and 17 96(b
have the rlaime raised by the ^^m^faint resolved OR GOUF+ the city attorney, upon
the request of the adminiStFatGfdirector, shall after consulting..with the City__
Manager, will initiate and maintain a civil action on behalf of the aggrieved person
in the Texas ate State_diStFiGt District_e UFt Court seeking relief under this
chapter. Venue is in Tarrant County,Texas.
ko c) An aggrieved person may intervene in the action.
{c4(d) If the court finds in the civil action that the conciliation agreement has
been violated or a discriminatory housing practice has occurred, the court may
award:
(1) Actual and punitive damages to the aggrieved person;
(2) Civil penalties to the city for vindication of the public interest in an amount that
does not exceed:
a. ,V9,787 if the respondent has not
been adjudged by a court to have committed a prior discriminatory
housing practice;
b. Except as provided by subsection (de)(2)d. below, $27,500.00_$49,467 if
the respondent has been adjudged by a court to have committed one
other discriminatory housing practice during the five-year period ending on
the date of the filing of the charge;
c. Except as provided by subsection (do)(2)d. below, $55,090.00$98,935 if
the respondent has been adjudged by a court to have committed two or
Page 45 of 56
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 in subsections (b) and (c) above may
be imposed without regard to the period of time within which any other
discriminatory housing practice occurred;
(3) Reasonable attorney's fees to the city and the aggrieved person;
(4) Costs of court, including witness and expert witness fees; and
(5) Any permanent or temporary injunction, temporary restraining order, or other
order, including an order enjoining the defendant from engaging in the
discriminatory housing practice or ordering appropriate affirmative action.
kd) el If actual damages are sought for the benefit of an aggrieved person who
does not intervene in 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.
(O fl The city shall not be subject to orders for sanctions for the failure of the
complainant, if other than the administFat irector, or aggrieved person to
comply with discovery requests of the defendant or discovery orders of the court.
(#} _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.
(Ord. No. 11075, § 1, 4-21-92, Ord. No. 11167, § 1(B), 9-8-92; Ord. No. 11384, §
1(C), 8-17-93, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-00, Ord.
No. 19374-09-2010, §§ 1, 2(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-99. - ENFORCEMENT BY PRIVATE PERSONS IN COMPLAINTS ALLEGING
DISCRIMINATION BASED ON RACE, COLOR, SEX, RELIGION, NATIONAL ORIGIN,
DISABILITY, OR FAMILIAL STATUS.
(a) An aggrieved person may file a civil action in 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 material_breach of the conciliation
agreement.
N,c46 ( 56
(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 in subsection (c)
below.
(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
adminiStFatrdirector if:
(1) The administFat director 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 in 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 plaintiff:
(1) Actual and punitive damages;
(2) Reasonable attorney's fees;
(3) Court costs; and
(4) Subject to § 17-100 of this division, any permanent or temporary injunction,
temporary restraining order, or other order, including an order enjoining the
defendant from engaging in 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.
(Ord. No. 11075, § 1, 4-21-92, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-100. - EFFECT OF CIVIL ACTION ON CERTAIN CONTRACTS.
Relief granted under § 17-98 or§ 17-99 does not affect a contract, sale,
encumbrance, or lease that:
(1) Was consummated before the granting of the relief; and
(2) 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 § 17-101.
Pa,-,e 47 OI'S6
(Ord. No. 11075, § 1, 4-21-92, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. '10-1-2010)
§ 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 in person or by United
States mail to the person's last known address.
(b) When service is by mail, three 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 in person or deposited in a United States postal
receptacle.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 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.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-103. - EDUCATION AND PUBLIC INFORMATION.
The IT_irector_may conduct educational and public information
activities that are designed to promote the policy of this division.
(Ord. No. 11075, § 1, 4-21-92' Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00, Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-104. - EFFECT ON OTHER LAW.
This division does not affect any local, state, or federal restriction:
(a) On the maximum number of occupants permitted to occupy a dwelling unit;or
(b) Relating to health or safety standards.
Pa,,c.48 (4_56
(Ord. No. 11075, § 1, 4-21-92, Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-105. - INTERFERENCE WITH EXERCISE OF RIGHTS UNLAWFUL.
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in
the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or
on account of his or her having aided or encouraged any other person in the exercise or
enjoyment of any right granted or protected by this division, including the giving of
testimony or provision of information in aid of investigation or discovery under this
division.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
§ 17-106. - CRIMINAL PENALTIES FOR VIOLATION.
(a) A person who violates a provision of§ 17-88, 17-95 or 17-105 of this chapter
commits a misdemeanor criminal offense. A person is guilty of a separate
offense for each day or part of a day during which a violation is committed,
continued, or permitted.
(b) A criminal offense under this division is punishable in municipal court as provided
by § 1-6 of this Code.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1,
9-26-00; Ord. No. 19374-09-2010, § 1(Exh. A), 9-28-10, eff. 10-1-2010)
DIVISION 5: REASONABLE ACCOMMODATION OR MODIFICATION
FOR RESIDENTIAL USES
§ 17-107 PURPOSE.
(a) It is the policy of the City of Fort Worth, pursuant to the Fair Housing
Amendments Act of 1988, the Americans with Disabilities Act and applicable
state laws, to provide individuals with disabilities reasonable accommodations
(including modifications or exceptions) in the city's zoning, land use and other
regulations, rules, policies and practices, to ensure equal access to housing and
to facilitate the development of housing for individuals with disabilities, or
developers of housing for people with disabilities, flexibility in the application of
land use, zoning, building and other regulations, policies, practices and
procedures, including waiving certain requirements, when it is necessary to
eliminate barriers to housing opportunities to ensure a person with a disability
has an equal opportunity to use and enjoy a dwelling.
I_'a1)_c 49 O_f 56
(b) This division provides a procedure for making requests for accommodations in
land use, zoning, building regulations and other regulations, policies, practices,
and procedures of the jurisdiction to comply fully with the intent and purpose of
applicable laws, including federal laws, in making a reasonable accommodation.
(c) Nothing in this division shall require persons with disabilities or operators of
homes for persons with disabilities acting or operating in accordance with
applicable zoning or land use laws or practices to seek a reasonable
accommodation under this division. Nothing in this division shall require the City
of Fort Worth to agree to requested accommodations that are unreasonable.
(Ord. 22098-03-2016, § 1, passed 3-1-2016)
§ 17-108 APPLICABILITY.
(a) The provisions of this division apply to residential uses that will be used by
persons with disabilities.
(b) The accommodation granted shall be considered personal to the individual(s)
and shall not run with the land. If the structure is sold, or otherwise changes
ownership, an accommodation granted to the previous owner is not transferable
to the new owner. Notwithstanding, the accommodation shall be in force and
effect as long as the person(s) or group of persons with disabilities for whom the
accommodation was sought resides on the property that is the subject of the
accommodation. It is the duty of the owner to notify the director of this event. The
city shall allow the new owner an opportunity to renew and/or modify a granted
reasonable accommodation in accordance with this division. In the event that the
reasonable accommodation is not renewed or modified within 60 days from the
date of change in ownership, the accommodation will lapse and the structure will
have to comply with all requirements of this division
(c) Nothing in this division will require the city to expend any funds to achieve a
reasonable accommodation except and to the extent required by state or federal
law.
(d) Nothing in this division will alter a person with disabilities' obligation to comply
with other applicable federal, state and city regulations.
(e) The city shall prominently display a notice at the counter in the planning and
development department advising those with disabilities or their representatives
that they may request a reasonable accommodation in accordance with the
procedures established in this division. A copy of the notice shall be available
upon request.
(Ord. 22098-03-2016, § 1, passed 3-1-2016)
P iLc_.50 �.l'56
§ 17-109 DEFINITIONS.
The following words, terms and phrases, when used in this division, shall
have the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning.
DIRECTOR. The planning and development department head or city
official with authority to administer, implement, or enforce a requirement that is
the basis of the request for reasonable accommodation.
PERSON WITH DISABILITIES. For the purposes of this division, has the
meaning set forth in the federal Fair Housing Act and the American with
Disabilities Act and is an individual who has a physical or mental impairment that
limits one or more of the major life activities of such individual, is regarded as
having such impairment, or has a record of such impairment. While a person
recovering from substance abuse is considered a person with a disability under
42 U.S.C. § 3602(h), a person who is currently engaged in illegal use of
controlled substances is not.
REASONABLE ACCOMMODATION (INCLUSIVE OF
MODIFICATION). The act of making a dwelling unit or housing facility(ies) readily
accessible to and usable by a person with disabilities, through the removal of
constraints in the city's land use, zoning, permit and processing procedures. All
accommodations may be not reasonable, and the reasonableness of a request
will be determined by the director or city manager's designee upon appeal.
REQUIREMENT. A provision of the City Code or an administrative policy,
program or procedure.
(Ord. 22098-03-2016, § 1, passed 3-1-2016)
§ 17-110 EFFECT.
A reasonable accommodation controls over a conflicting city regulation or
requirement.
(Ord. 22098-03-2016, § 1, passed 3-1-2016)
§ 17-111 REQUESTS FOR ACCOMMODATION; APPLICATION.
(a) An application for an accommodation may be made by any person(s) with a
disability, his or her representative, or a developer or provider of housing for
persons with disabilities.
(b) A request for accommodation may be submitted at any time the accommodation
may be necessary to afford the person with a disability equal opportunity to use
Pauc 51 ()1'56
and enjoy the dwelling. A written acknowledgment of the request shall be sent to
the applicant within ten days of receipt by the director.
(c) Requests for an accommodation may include a modification or exception to the
rules, standards and practices for the siting, development, and use of housing or
housing-related facilities that would eliminate regulatory barriers and provide a
person with a disability equal opportunity to a dwelling of his orher choice.
(d) An individual requesting an accommodation shall direct the request to the
director of the planning and development department, orally, which shall be
transcribed by the city into writing if requested by the applicant or if it is apparent
to a city employee or staff that assistance is needed in filling out the application
form (e.g., if the individual is unable to write), or in writing. The individual shall
submit an application for a reasonable accommodation using the appropriate city
form, to be provided by the director. The city shall assist the applicant with
furnishing all information maintained by the city with respect to an
accommodation. The applicant shall provide the following:
(1) Name and address of the person or entity requesting accommodation. If the
applicant is applying on behalf of a person with a disability, the name and
address of the person with a disability shall also be provided.
(2) Address of the property for which the accommodation is requested.
(3) Indication of whether that the applicant is:
a. Person with a disability;
b. Applying on behalf of a person with a disability;or
c. A developer or provider of housing for one or more person(s) with a
disability.
(4) Description of the disability at issue, the requested accommodation, and the
specific regulation(s), policy, practice or procedure for which the
accommodation is sought. In the event that the specific individuals who are
expected to reside at the property are not known to a provider in advance of
making the application, the provider shall not be precluded from filing the
application, but shall submit details describing the range of disabilities that
prospective residents are expected to have to qualify for the housing.
(5) Description of whether the specific accommodation requested by the
applicant is necessary for the person(s) with the disability to use and enjoy
the dwelling, or is necessary to make the provision of housing for persons
with disabilities financially or practically feasible.
P,, c 52 ()I'56
(6) Any other information the Director concludes is necessary in order to make
the findings required by § 17-113 to the extent permissible under applicable
local, state and federal laws. In most cases, an individual's medical records or
detailed information about the nature of a person's disability is not necessary
for this inquiry. (See Joint Statement of The Department of Housing and
Urban Development and The Department of Justice: Reasonable
Accommodations Under the Fair Housing Act#18.)
(e) Any personal information regarding disability status identified by an applicant as
confidential shall be retained in a manner so as to respect the privacy rights of
the applicant and/or person with a disability and shall not be made available for
public inspection unless required by the Texas Public Information Act. Any
information received regarding the disability status identified, including but not
limited to medical records, will be returned to the applicant within ten days of the
decision of the city manager's designee. The applicant need provide only the
information necessary for the city to evaluate the reasonable accommodation
request.
(f) If the person with the disability needs assistance to make a request for
accommodation, the director will provide assistance, including transcribing a
verbal request into a written request.
(g) A fee shall not be required for an application for an accommodation.
(Ord. 22098-03-2016, § 1, passed 3-1-2016)
§ 17-112 REVIEW AUTHORITY.
(a) A request for accommodation shall be reviewed, and a determination made, by
the director, using the criteria set forth in § 17-113.
(b) The director shall issue a written decision on a request for accommodation within
30 calendar days of the date of the application, and may either grant, grant with
alterations or conditions, or deny a request for an accommodation in accordance
with the required findings set forth in § 17-113.
(c) If necessary to reach a determination on the request for accommodation, the
director may request further information from the applicant consistent with
applicable laws, specifying in detail the additional information that is required.
Any personal information related to the disability status identified by the applicant
as confidential shall be retained in a manner so as to protect the privacy rights of
the applicant and shall not be made available for public inspection unless
required by the Texas Public Information Act. Any information received regarding
the disability status identified, including but not limited to medical records, will be
returned to the applicant within ten days of the decision of the city manager's
designee. If a request for additional information is made, the running of the 30
1'ai c 53 o l"56
calendar day period to issue a decision is stayed until the applicant responds to
the request.
(Ord. 22098-03-2016, § 1, passed 3-1-2016)
§ 17-113 REQUIRED FINDINGS.
(a) The written decision to grant, grant with alterations or conditions, or deny a
request for accommodation shall be based on the following factors to the extent
they are consistent with applicable laws:
(1) Whether the housing that is the subject of the request for accommodation will
be used by a person with a disability protected under the applicable laws.
(2) Whether the requested accommodation is necessary to make a dwelling
available to a person with disabilities protected under the applicable laws.
(3) Whether the requested accommodation would pose an undue financial or
administrative burden on the city. The determination of undue financial and
administrative burden will be done on a case-by-case basis.
(4) Whether the requested accommodation would require a fundamental
alteration in the nature of a city program or law, including but not limited to
zoning and land use.
(b) In making findings, the director may grant with alterations or conditions,
reasonable accommodations, if the director determines that the applicant's initial
request would impose an undue financial or administrative burden on the city, or
fundamentally alter a city program or law. The alterations or conditions shall
provide an equivalent level of benefit to the applicant with respectto:
(1) Enabling the person(s) with a disability to use and enjoy the dwelling;and
(2) Making the provision of housing for person(s) with a disability financially or
practically feasible.
(Ord. 22098-03-2016, § 1, passed 3-1-2016)
§ 17-114 WRITTEN DECISION.
(a) The written decision of the director on an application for an accommodation shall
explain in detail the basis of the decision, including the director's findings on the
criteria set forth in § 17-113. All written decisions shall give notice of the
applicant's right to appeal and to request assistance in the appeal process as set
forth in § 17-115. The notice of the decision shall be sent to the applicant by
54 (11'.56
certified mail and electronic mail, if the applicant's electronic mail address is
known to the city.
(b) The written decision of the director shall be final unless the applicant files an
appeal to the city manager's designee in accordance with § 17-115. Nothing
herein shall prohibit the applicant, or persons on whose behalf a specific
application was filed, from reapplying for an accommodation based on additional
grounds or changed circumstances. Nor shall this provision be construed to
affect in any way the rights of a person to challenge the denial of a request for
reasonable accommodation as violating the Fair Housing Act, the ADA or any
other applicable state, federal or local law.
(c) If the director fails to render a written decision on the request for accommodation
within the 30 calendar day period established in § 17-112, the accommodation
request shall be deemed granted.
(d) A request for accommodation stays all proceedings in furtherance of the
enforcement of any requirement that is the subject of the request. An
accommodation request does not affect an applicant's obligation to comply with
other applicable regulations not at issue in the requested accommodation.
(e) The director shall retain, for the duration of the accommodation and at least five
years thereafter, written records of each request and all related records, including
the city's responses and decisions.
(Ord. 22098-03-2016, § 1, passed 3-1-2016)
§ 17-115 APPEALS.
(a) An applicant, or a person on whose behalf an application was filed, may appeal
the written decision to deny or grant an accommodation with alterations or
conditions or a denial of the accommodation no later than 30 calendar days from
the date the decision is mailed.
(b) An appeal must be in writing (or reduced to writing as provided by subsection (c),
below) and include grounds for appeal. Any personal information related to the
disability status identified by the applicant as confidential shall be retained in a
manner so as to protect the privacy rights of the applicant and shall not be made
available for public inspection unless required by the Texas Public Information
Act. Any information received regarding the disability status identified, including
but not limited to medical records, will be returned to the applicant within ten days
of the decision of the city manager's designee.
(c) If an applicant needs assistance appealing a written decision, the city will provide
assistance transcribing a verbal request into a written appeal to ensure that the
appeals process is accessible.
Pa,-,c 55 (456
(d) An applicant shall not be required to pay a fee to appeal a written decision.
(e) An appeal will be decided by the city manager's designee. In considering an
appeal of a decision of the director, the city manager's designee shall consider:
(1) The application requesting the accommodation;
(2) The director's decision;
(3) The applicant's written statement of the grounds of the appeal;and
(4) The provisions of this division, in order to determine whether the director's
decision was consistent with applicable fair housing laws and the required
findings in § 17-113.
(f) If a written decision on the appeal is not rendered within 30 calendar days from
the date the appeal is received, the requested accommodation shall be deemed
granted.
(g) The decision of the city manager's designee is final.
(Ord. 22098-03-2016, § 1, passed 3-1-2016)
Pit_c 56 ref 56
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/28/20 M&C FILE NUMBER: M&C 20-0038
LOG NAME: 02AMEND HUMAN RELATIONS ORDINANCE
SUBJECT
Adopt Ordinance Amending Chapter 17"Human Relations",Article II:"Human Relations Commission"and Article III:"Discrimination" of the Code
of the City of Fort Worth Texas to Reflect the Organizational Changes Related to the Creation of the Diversity and Inclusion Department,to Align
Personnel Policies and Procedures with City Practices,to Add Provisions Relating to the Investigation of Complaints of Discrimination in Housing,
Employment and Public Accommodations,and to Align Investigative Methods and Procedures with Federal Processing Criteria and Current
Vernacular(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that City Council Adopt the attached ordinance amending Chapter 17"Human Relations"of the Code of the City of Fort Worth
Texas.
DISCUSSION:
Chapter 17"Human Relations"is located under Part II of the City Code. Chapter 17,Article II:"Human Relations Commission"establishes the
structure and appointment of members to the Human Relations Commission as well as its power and duties,the appointment of an Administrator
to carry out the policy directives of the Human Relations Commission and provide oversight of City staff to investigate complaints of discrimination
in Public Accommodations,Employment and Housing. Chapter 17,Article III:"Discrimination"establishes the definitions,exemptions,unlawful
acts,investigative procedures,enforcement,and penalties related to complaints of discrimination.
The"Human Relations"Ordinance has been revised several times since its original adoption in 1967,including but not limited to:designation of
the Commission as the agency to receive, investigate and resolve complaints of discrimination(1969),addition of Sex and Religion as protected
classes(1979),addition of Disability and Familial Status as protected classes(1990),addition of Sexual Orientation as a protected class(2000),
and the addition of Transgender,Gender Identity or Gender Expression as protected classes(2009).
The City Manager's Office,Human Relations Unit is recommending amending portions of Chapter 17"Human Relations",Article II:"Human
Relations Commission"and Article 11:"Discrimination"to reflect administrative updates;regulatory edits;policy edits;updates and additions;
conforming edits;and non-substantive corrections. Administrative edits include provisions to reflect the organizational changes related to the
creation of the Diversity and Inclusion Department,which was a recommendation of the Task Force on Race and Culture. Regulatory edits include
provisions to align personnel policies and procedures with City practices and policies. Policy edits,updates and additions include provisions to
aid in the investigation of complaints of discrimination in Public Accommodations, Employment and Housing. Conforming edits include provisions
to align investigative methods and procedures with federal processing criteria and current vernacular. Non-substantive corrections are included to
correct grammar,punctuation and sentence structure.
Substantial revisions to Article 11 and 111,include: 1)changes in authority to appoint the Director,set the Director's salary,evaluate the Director's
performance,and authority to terminate the Director;(2)additions to the process for investigating complaints of discrimination in places of public
accommodation that include a timeline for filing complaints,format for complaints,the timeline for notifying respondents of complaints,and
provisions related to the investigative process; (3)addition of verbiage relating to the disclosure of information to align with state and federal law;
and,(4)addition of an appeal process for findings of"No Cause"in complaints involving places of public accommodation and housing.
By adopting these amendments,the newly established Diversity and Inclusion Department can align its personnel policies and procedures with the
City's established policies and procedures,operate and conduct investigations more effectively and efficiently in compliance with federal
processing criteria,as well as provide for an appeal process for"No Cause"findings in complaints involving places of public accommodation and
housing.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office by: Valerie Washington 6199
Originating Business Unit Head: Fernando Costa 6122