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HomeMy WebLinkAboutOrdinance 6842 ORDINANCE NO. _Cal",a"d AN ORDINANCE PROHIBITING DISCRIMINATION IN EM- PLOYMENT PRACTICES BECAUSE OF RACE, CREED, COLOR, RELIGION, NATIONAL ORIGIN (EXCEPT FOR ILLEGAL ALIENS) , SEX OR AGE, UNLESS SEX OR AGE IS A BONA FIDE OCCUPATIONAL QUALIFICATION, BY ANY EMPLOYER OR GENERAL CONTRACTOR DOING BUSI- NESS WITH THE CITY, OR ANY LABOR ORGANIZATION FURNISHING OR REFERRING EMPLOYEE APPLICANTS TO ANY EMPLOYER OR GENERAL CONTRACTOR DOING BUSINESS WITH THE CITY; PROVIDING FOR ASSUR- ANCE OF NON-DISCRIMINATION IN ALL PURCHASE ORDERS OR CONTRACTS WITH THE CITY, PROVIDING FOR THE MAINTENANCE OF THE INDEPENDENT CON- TRACTOR RELATIONSHIP BETWEEN THE CITY OF FORT WORTH AND EMPLOYERS OR GENERAL CONTRACTORS ENGAGED IN OR BIDDING ON CONTRACTS FOR PUBLIC WORM; DESIGNATING AND EMPOWERING THE CITY MAN- AGER OR HIS DESIGNATED REPRESENTATIVE TO ADMIN- ISTER THIS ORDINANCE; PROVIDING CERTAIN PRO- CEDURAL AND ENFORCEMENT PROCEDURES, PROVIDING FOR EXCLUSIONS AS NOT BEING UNLAWFUL; PROVIDING FOR WAIVER OF THE PROVISIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES OF THE CITY OF FORT WORTH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That it shall be unlawful for any employer or general contractor doing business with the City, or any agent of any such employer or general contractor, or any labor organization or employment agency that engages in referring employee ap- plicants to any such employer or general contractor to dis- criminate against any individual because of race, creed, color, religion, national origin (except for illegal aliens) , sex or age, unless sex or age is a bona fide occupational qualifica- tion of employment, in any manner involving employment, includ- ing the recruitment of applicants for employment, advertising, hiring, layoff, termination of employment, promotion, demo- tion, transfer, compensation, employment classification, training and selection for training, or any other terms, con- ditions or privileg=es of employment. SECTION 2. That 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 em- ployer or general contractor unless said employer or general contractor has executed as a provision contained in such pur- chase order, contract or agreement a covenant assuring that its employees are not discriminated against as prohibited by the terms of this ordinance. That 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, sub- contractor or employment agency either furnishing or referring employee applicants to such employer or general contractor is discriminating against its employees, as prohibited by the terms of this ordinance. That any employer, general contractor, labor organiza- tion or employment agency subject to the provisions hereof shall post, in a conspicuous place available to all employees and applicants for employment, notices apprising employees and applicants of this ordinance. SECTION 3. That neither this ordinance nor any section or provision thereof shall be interpreted or applied so as to interfere with, impair or destroy the independent contractor relation- ship between the City of Fort Worth and any person, firm or corporation bidding on or engaged in the performance of any existing contract for public work as an independent con- tractor of the City of Fort Worth. SECTION 4. That the City Manager or his designated representative is hereby delegated the authority to administer this ordinance and is authorized to and shall investigate, upon complaint, any employer, any general contractor, any labor organization or any employment agency subject to the provisions of this or- dinance, provided there is justifiable reason to believe there is a violation of any provision hereof. That any such complaint shall be investigated as au- thorized by this section and an attempt made at resolving it. if the complaint cannot be resolved in a manner satisfactory to the City Manager, he shall refer it to the City Attorney. SECTION S. That upon approval of the city Council, the application of the provisions of this ordinance may be waived or suspended in cases or classes of cases where the size or nature of the purchase, contract, job or services, or other special circum- stances make compliance herewith impracticable or unnecessary. That the following are specifically excluded as not being unlawful employment practices: (a) Discrimination on the basis of religion, sex or national origin where the same is a bona fide occupational qualification: (b) Discrimination on the basis of seniority or merit; (c) Discrimination on the basis of quantity or quality of production; (d) Discrimination on the basis of an ability test; (e) Discrimination with respect to compensa- tion based on sex, as authorized by mini- mum wage provisions; (f) Discrimination based on preferential treatment to Indians; (q) Absence of preferential treatment as a result of existing numbers or percentage imbalance in the races, sexes or national origins; (h) Certain discriminatory hiring practices by religious corporations, associations, educational institutions or societies; (i) Any action or measure taken with respect to an individual who is a member of the Communist Party; and (j) Discrimination with respect to illegal aliens. That it is the intention of the City Council, and the City council finds, that the above and foregoing employment practices declared not to be unlawful under the provisions of 42 USC 2000e-2 (e) , (f) , (g) , (h) , (i) and (j) , as amended, shall not be deemed to be unlawful employment practices under the provisions hereof. That employers of fifteen (15) employees or less and purchases and contracts of less than Five Hundred Dollars ($500) are excluded from the provisions of this ordinance, SECTION 6. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections hereof, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That this ordinance shall be and is hereby declared to be cumulative of the provisions of those prior ordinances of the City of Fort worth and amendments thereto regulating em- ployment practices, except in those instances where the pro- visions of this ordinance are in direct conflict with such prior ordinances, in which instances said conflicting provisions of such prior ordinances are hereby repealed. SECTION 8. That all pending litigation and existing violations, both civil and criminal, whether pending in court or not, under those prior ordinances of the City of Fort Worth and amendments thereto regulating employment practices, superseded by this ordinance, shall not be affected by this ordinance but may be prosecuted until final disposition by the courts; nor shall this ordinance either add to or detract from any other civil remedy available. SECTION 9. That any person, firm, association of persons, company or corporation or their agents, servants or employees who vio- late, disobey, omit, neglect or refuse to comply with any pro- vision of this ordinance shall be punished by a fine of not to exceed Two Hundred Dollars ($200.00) , 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 Section 1-5 of Chapter 1 of the Code of the City of Fort Worth (1964) , as amended. SECTION 10. That this ordinance shall become effective and be in full force and effect from and after its passage and publica- tion as required by law, and it is so ordained. APPROVED AS ORM X TO AND LEGALITY: City Attorney ADOPTED: 12gy Z% /973 EFFECTIVE: Jul ',,