HomeMy WebLinkAboutOrdinance 19374-09-2010 ORDINANCE NO. 19374-09-2010
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH, TEXAS (1985), CHAPTER 17, "HUMAN
RELATIONS," ARTICLE II "HUMAN RELATIONS
COMMISSION," ARTICLE III "DISCRIMINATION," DIVISION 2
"PLACES OF PUBLIC ACCOMMODATION," DIVISION 3
"EMPLOYMENT PRACTICES," AND DIVISION 4 "FAIR
HOUSING" TO REFLECT THE ORGANIZATIONAL CHANGES
RESULTING FROM THE DISSOLUTION OF THE COMMUNITY
RELATIONS DEPARTMENT AND REALIGNMENT OF CIVIL
RIGHTS ENFORCEMENT STAFF; PROVIDING INCREASED
CIVIL PENALTIES IN CONFORMITY WITH FEDERAL LAW;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Community Relations Department of the City of Fort Worth
currently administers the regulations contained in Chapter 17 of the Code of the City of
Fort Worth, entitled "Human Relations" and enforces the civil rights policies of the City
contained in that chapter;
WHEREAS, the City Council of the City of Fort Worth adopted the City's fiscal
year 2010-2011 budget which, in part, eliminates the Community Relations Department
and transfers certain of its functions, including civil rights enforcement, to other City
offices;
WHEREAS, the civil penalties applicable to violations of the Fair Housing Act
have increased; and,
WHEREAS it is the desire of the City Council to amend the language of Chapter
17 of the Code of City of Fort Worth to reflect these organizational changes and conform
the civil penalty amounts to current federal law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT NORTH, TEXAS:
SECTION 1.
Chapter 17 "Human Relations" of the Code of the City of Fort Worth, Texas
(1986). as amended, 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 by subsections a. through c. of Section 17-
98(a)(c)(2) of the Code of the City of Fort Worth, Texas (1986), as amended, are hereby
increased respectively as follows:
a. increased from $10,000 to $11,000 (no prior violation)
b. increased from $25,000 to $27,500 ( 1 prior violation)
C. increased from $50,000 to $55,000 (more than 1 prior violation).
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1985), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code 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 shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION S.
All rights and 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 5.
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.
The revisions and amendments to Chapter 17 of the Code of the City of Fart
Worth contained in Section 1 hereof shall take effect on October 1, 2010 and be in full
force and effect from and after that date. The civil penalty increases described in Section
2 hereof shall take effect upon adoption and publication as required by law. It is so
ordained.
APPROVED AS TO F0171 ND LEGALITY:
By: t
ssis ant City Attorney
ADOPTED: September 28 2010
EFFECTIVE: October 1 2010
EXHIBIT A
ORDINANCE NO. 19'374-09-2010
Chapter 17 HUMAN RELATIONS*
*State law references: Human rights, V.A.C.S. art. 5221k; local ordinances
authorized. V.A.C.S. art. 5221k, § 4.01.
Art. I. In General, §§ 17-1--17-15
Art. II. Human Relations Commission, §§ 17-16--17-35
Art. III. Discrimination, §§ 17-36--17-106
Div. 1. Generally, §§ 17-36--17-45
Div. 2. Places of Public Accommodations, §§ 17-46--17-65
Div. 3. Employment Practices, §§ 17-66--17-85
Div. 4. Fair Housing, §§ 17-86--17-106
ARTICLE I. IN GENERAL
Sec. 17-1. Public policy declared.
It is hereby declared to be public policy of the city that all of its residents and
persons subject to its 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 1 964, § 2-53; Ord. No. 5842, § 1; Ord. No. 6447, § 1, 3-1-71; Ord. No. 1 3981, §
1, 14-26-99; Ord. No. 14344, § 1, 9-26-44; Ord. No. 14832, § 1, 14-15-41; Ord. No.
18949-11-249 §1, 11-14-49)
Secs. 17-2--17-15. Reserved.
ARTICLE II. HUMAN RELATIONS COMMISSION
Sec. 17-16. Created; compensation of members.
The city council shall appoint citizens to a commission on human relations, which
shall be known as the Fort Worth Human Relations Commission. The commission shall
be composed of eleven (11) members, who shall be appointed by the city council on an
at-large basis and who shall serve in places numbered one (1) through eleven (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 1 964, § 2-54; Ord. No. 5842, § 1; Ord. No. 5815, § 1; Ord. No. 5879, § 1; Ord.
No. 9254, § 1, 11-24-84; Ord. No. 11598, § 1, 6-21-94; Ord. No. 13981, § 1, 14-26-99;
Ord. No. 14344, § 1, 9-26-44)
Sec. 17-17. Terms of members; filling vacancies.
Each member of the human relations commission shall be appointed to serve a
term of two (2) years; provided, however, that members appointed to odd-numbered
Amended 1
September 28, 2010
places shall serve terms which expire October 1, 1985, and members appointed to even-
numbered places shall serve terms which expire October 1, 1986. Thereafter, all
members appointed shall serve two-year terms. No member shall serve more than three
(3) consecutive two-year terms, and the terms of current members of the commission
shall be counted toward the limit on the number of terms to be served. If any member
of the commission resigns or terminates his or her service for any reason before his or
her term has expired, the city council shall appoint a qualified successor to fill any
vacancy which may result, to serve for the remainder of the term.
(Code 1 964, § 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, 14-26-99; Ord. No. 14344, § I, 9-26-00)
Sec. 17-18, Powers and duties.
The human relations commission shall have the following duties:
(1) To advise and consult with the city council and the city manager on matters
involving discrimination based on age, race, color, sex, religion, disability, national
origin, familial status, sexual orientation, tra nsgender, gender identity or gender
expression..
(2) To recommend to the city council and the city manager measures designed to
eliminate prejudice and discrimination;
(3) To promote and encourage communications between and cooperation of all groups
interested in bettering community relations.
(Code 1 964, § 2-56; Ord. No. 5802, § 1; Ord. No. 1 3981, § 1, 10-26-99; Ord. No.
14344, § 1, 9-26-00; Ord No. 18909-11-209 §1, 11-10-09)
Sec. 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 chairman, vice-chairman and secretary. The
commission shall adopt rules and regulations, subject to the approval of the city council,
pertaining to the performance of its duties and the time and frequency of its meetings.
(Code 1964, § 2-57; Ord. No. 5842, § 1; Ord. No. 13981, § 1, 10-26-99; Ord. No.
14344, § 1, 9-26-00)
Sec. 17-20. Appointment of employees.
tai �i-%.=terAd'min strator.
(1) The human relations commission shall have the power to appoint 3 iireeete F an
administrator,
whose appointment shall be subject to the review of the city manager and the approval
of the city council. During the absence of an administrator, the City Manager shall
appoint an acting administrator to serve until the human relations commission appoints
a new administrator.
(Z) The salary of the a'nar- of administrator shall be set by the human relations
commission in accordance with the classification and compensation plan for city
employees and shall be approved by the city manager and by the city council.
(3) The administrator shall receive administrative supervision and support
from the city manager or his designee. The administrator shall carry out the
policy directives of the human relations commission and support the human relations
commission in the performance of their duties.
Amended 2
September 28, 2010
(4) The performance of the administrator shall be evaluated annually by the
chair of the human relations cengfflttee—commission, three members of the human
relations commission appointed by the chair and the city manager or his designee a
(53--fi[ther the human relations commission or the city manager may terminate—the
administrator with the concurrence of the other. In the event the human
relations commission and the city manager do not agree on the termination of the
administrator, the city council will determine whether termination is warranted.
(b) to ff.
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The administrator shall su ervise 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, § 11 I0-26-99; Ord.
No. 14344, § 1, 9-26-00; Ord. No. 16032, § 1, 7-13-04)
Sec. 17-21. Funding.
(a) The annual budget for the human relations commission and its staff supervise b
its administrator shall be
subject to the recommendation of the human relations commission, and shall be
reviewed by the city manager and approved by the city council.
(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)
Secs. 17-22--17-35. Reserved.
ARTICLE III. DISCRIMINATION
DIVISION 1. GENERALLY
Secs. 17-36--17-45. Reserved.
DIVISION 2. PLACES of PUBLIC ACCOMMODATION
Sec. 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, shall mean
over the age of sixty-two (6z) years.
Bar and lounge shall mean every bar, lounge or tavern licensed by the state to
serve alcoholic beverages of any content, including wines and beer, for consumption on
the premises, other than restaurants and nightclubs as defined in this section.
Amended 3
September 28, 2010
Disability has the same definition as it has in section 17-66 of this chapter.
Discrimination shall mean disparate treatment or treatment resulting in
disparate effect, which shall include but not be limited to withholding or denying of
entry, services or facilities, or any other advantage offered to the general public by a
place of public accommodation.
Gender expression shall mean 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 shall mean 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 shall mean every establishment offering lodging to transient
guests for compensation, but such terms shall not apply to any such establishment if the
majority of occupants are permanent residents and have their fixed place of domicile
therein.
Nightclub shall mean nightclubs, cabarets or coffeehouses offering facilities for
public entertainment, social recreation or group amusement or relaxation, and also
offering for sale any beverage, whether alcoholic or nonalcoholic.
Place of public accommodation shall mean every business within the city,
whether wholesale or retail, which is open to the general public and offers for
compensation any product, service or facility. The term "place of public accommodation"
shall include all hotels, motels, restaurants, bars, lounges, nightclubs or cabarets where
food or beverages are sold or offered for sale, theaters, retail houses, washaterias,
bowling alleys, skating rinks, golf courses, all public conveyances, as well as the stations
or terminals thereof, kindergartens, day care centers and nursery schools.
Restaurant shall mean every cafe, cafeteria, coffeeshop, sandwich shop, parlor
or luncheonette which offers food or beverages for purchase and consumption on the
premises, but shall not include places at which alcoholic beverages are sold other than
as an accompaniment to meals.
Sexual orientation shall mean heterosexuality, homosexuality or bisexuality or
being identified with such orientation.
Theater shall mean every place, whether indoors or out-of-doors, at which any
theatrical performance, moving picture show, musical concert, circus or carnival is
offered for consumption.
Transgender shall mean a person who experiences and/or expresses their
gender differently €eFffi- 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)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 17-47. Exemptions.
This division shall not apply to any hotel, motel, restaurant, bar, lounge,
nightclub, cabaret or theater operated by a bona fide private club when the
accommodations, advantages, facilities and services are restricted to the members of
such club and their guests; nor to any bona fide social, fraternal, educational, civic,
political or religious organization, or to any private kindergarten, day care center or
nursery school, when the profits of such accommodations, advantages, facilities and
Amended 4
September 28, 2010
services, above reasonable and necessary expenses, are solely for the benefit of such
organization.
(Code 1964, § 13A-11; Ord. No. 6205, § 31 11-24-69; Ord. No. 6545, § 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)
Sec. 17-48. Unlawful acts.
(a) It shall be unlawful for any person or any employee or agent thereof:
(1) To discriminate against, withhold from or deny any person, because of race, color,
religion, sex, national origin, disability, age sexual 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. 18949-11-249 §1, 11-10-09)
Sec. 17-49. Investigation of alleged violations; filing complaint.
(a) It is the intention of the city council that the human relations commission's staff
supervised by its administrator shall be the agency the
"agency") to receive and investigate all complaints of alleged violations of this division,
and that such aciencv shall attempt to resolve such complaints by informal
methods of conference, conciliation and persuasion. If the agency agengy cannot
resolve an alleged violation of this division, the idirornt administrator of the
agency shall be authorized to request that a complaint be filed in municipal court.
(b) If, following the execution of a written conciliation agreement between the
a enc and a party charged with a violation under this division, the �;r-o r-t ef
administrator of the agency aggnc y receives sufficient evidence that gives him
probable cause to believe that the party who has executed a conciliation agreement has
violated the terms of this division after the conciliation agreement had been executed,
the administrator of the aciency shall be authorized to request that
a complaint be filed thereon in municipal court.
(Code 1964, § 13A-14; Ord. No. 6245, § 4,, 11-24-69; Ord. No. 7962, § 2, 8-28-79;
Ord. No. 13982, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-00; Ord. No. 24832, § 2, 10-
2 5-01; Ord. No. 16032, § 1, 7-13-04)
Amended 5
September 28, 2010
Sec. 17-50. Effect of provisions on civil remedies.
This division shall neither add to nor detract from any civil remedies now
available to persons complaining of discrimination under this division.
(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)
Sec. 17-51, Penalty.
Any person violating any provision of this division shall be deemed guilty of a
misdemeanor and upon conviction shall be punished as provided in section 1-6 of this
Code.
(Code 1964, § 13A-16; Ord. No. 5205, § 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)
Secs. 17-52--17-65. Reserved.
DIVISION 3. EMPLOYMENT PRACTICES
Sec. 17-66. Definitions,
Whenever the following terms are used in this division, they shall have- the
meanings respectively ascribed to them in this section:
Agency... shall mean the Fort worth Human Relations Commission's staff
supervised b its administrator.
Auxiliary aids and services shall mean:
(1) Qualified interpreters or other effective methods of making aurally delivered
materials available to individuals with hearing impairments;
(2) Qua l ified 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.
f
Disability means, with respect to an individual:
(1) A physical or mental impairment that substantially limits one (1) 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.
Commission means the Fort worth Human Relations Commission.
Covered entity means an employer, employment agency, labor organization, or
joint labor-management committee.
Direct threat means a significant risk to the health or safety of others that
cannot be eliminated by reasonable accommodation.
Employee means an individual employed by an employer.
Employer means:
(1) In general, the term "employer" means a person engaged in an industry
affecting commerce who has fifteen (15) or more employees for each working day in
each of twenty (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:
(3) The United States, a corporation wholly owned by the government of the
United States, or an Indian tribe; or
Amended 6
September 28, 2010
(4) A bona fide private membership club (other than a labor organization) that
is exempt from taxation under section 501(c) of Title 26.
Gender expression shall mean 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 shall mean 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 drags means:
(1) 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.
(2) Drugs. The term "drug" means a controlled substance, as defined in schedules I
through V of section 202 of the controlled substances act [21 U.S.C.A. § 812].
Person, etc. The terms "person", "labor organization", "employment
agency", "commerce", and "industry affecting commerce", shall have the same
meaning given such terms in Title 42, section 2000e of the United States Code, or its
successor statute.
Qualified individual with a disability means an individual with a disability
who, with or without reasonable accommodation, can perform the essential functions of
the employment position that such individual holds or desires. For the purposes of this
division, consideration shall be given to the employer's judgment as to what functions of
a 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, The term "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 means: heterosexuality, homosexuality or bisexuality or
being identified with such orientation.
Transgender shall mean a person who experiences and/or expresses their
gender differently faFm 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 means:
(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 subparagraph
(2).
(2) Factors to be considered in determining whether an accommodation would impose
an undue hardship on a covered entity, factors to be considered 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;
Amended 7
September 28, 2010
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, § .I, 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)
Sec. 17-67. Discrimination prohibited.
(a) It shall be unlawful for any covered entity to discriminate against any individual
because of age, race, color, religion, sex, disability, national origin, 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:
(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 or employee;
(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
Amended 8
September 28, 2010
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, 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 paragraph (2), 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 preemployment 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, except that:
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.
(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 subparagraph (2) regarding the medical
condition or history of any employee are subject to the requirements of subparagraphs
(2) and (3) of paragraph (g).
(i) Defenses.
(1) In general. It may be a defense to a charge of discrimination under this chapter
that an alleged application of qualification standards, tests, or selection criteria that
screen out or tend to screen out or otherwise deny a 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.
Amended 9
September 28, 2010
(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.
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 paragraph a.,
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.
(j) Illegal use of drugs and alcohol.
(1) Qualified individual with a disability. For purposes of this division, the term
"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 (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 paragraph a. or b. is no longer
engaging in the illegal use of drugs.
(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
Amended 10
September 28, 2010
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 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.
(I) 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. 12576, § 1, 7-9-96; Ord. No. 13981, § 1, I0-26-99; Ord. No. 14344, § 1, 9-26-00;
Ord No. 18909-11-209 §1, 11-10-09)
Sec. 17-58. 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
Amended 11
September 28, 2010
performance of any existing contract for public work as an independent contractor of the
city.
(Code 1 964, § 13A-23; Ord. No. 7278, § 3, 12-22-75; Ord. No. 1 2570, § 1, 7-9-96;
Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § I, 9-26-00)
Sec. 17-59. Enforcement.
(a) It is the intention of the city council that the human relations commission's staff
supervised b its administrator 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 a enc
elonnr-
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 a enc it may refer same to the city attorney and/or to the
appropriate federal office. Nothing said or done during and as a part of any such
investigation or attempt at resolution shall be made public without the 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 (10) 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 one hundred and eighty (180) days after the
alleged unlawful employment practice occurred. Such charges shall not be made public.
(2) Should the arc determine, after such
investigation, that there is not reasonable cause to believe that the charge is true, such
agencv 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.
(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-
13-44)
Sec. 17-70. Certain practices not unlawful.
(a) This division shall not apply to any employer with respect to the employment of
aliens outside the city, or to a religious corporation, association, educational institution,
or society with respect to the employment of individuals of a particular religion to
perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
(b) Notwithstanding any other provisions of this division;
Amended 12
September 28, 2010
(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 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, owned, supported, controlled or managed by
a particular religion or by a particular religious corporation, association or society, or if
the curriculum of such school, college, university or other educational institution or
institution of learning is directed toward the propagation of a particular religion.
(c) No provision of this division shall be deemed to include any action or measure
taken by an employer, labor organization, joint labor-management committee or
employment agency with respect to an individual who is a member of the communist
party of the United States or of any other organization required to register as a
communist-action or communist-front organization by final order of the subversive
activities control board pursuant to the subversive activities control act of 1950.
(d) 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.
(e) 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)).
(f) 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,
Amended 13
September 28, 2010
transgender, gender identity or gender expression 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.
(g) 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.
(h) 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.
(i) 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 1 964, § 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)
Sec. 17-71. Violations; penalty.
Any person, firm, association of persons, company or corporation, or their
agents, servants or employees, who violate, disobey, omit, neglect or refuse to comply
with any provision of this division shall be punished by a fine not to exceed five hundred
dollars ($500.00), and each day that a violation exists is hereby declared to be a distinct
and separate offense and punishable as such, all as provided for in section 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)
Secs. 17-72--17-85. Reserved.
DIVISION 4. FAIR HOUSING
Sec. 17-86. Declaration of policy.
(a) It is hereby declared to be the policy of the city to bring about, through fair, orderly
and lawful procedures, the opportunity for each person to obtain housing without regard
to his/her race, color, religion, national origin, sex, disability, familial status, sexual
orientation, transgender, gender identity or gender expression.
(b) It is further declared that this policy is grounded upon a recognition of the right of
every person to have access to adequate housing of his/her own choice without regard
to race, color, religion, national origin, sex, disability, familial status, 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.
Amended 14
September 28, 2010
(Ord. No. 11 075, § 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)
Sec. 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:
Administrator means the individual designated administrator of the
human relations commission
Agency means the Fort worth Human Relations Commission and its staff
supervised b its administrator.
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 means the Fort Worth Human Relations Commission.
Committee means the Housing Committee of the Fort Worth Human Relations
Commission.
Complainant means a person, including the Commission, who files a complaint
under section 17-90 of this division.
Conciliation means the attempted resolution of issues raised by a complaint or
by the investigation of the complaint, through informal negotiations involving the
aggrieved person, the respondent and the administrator.
Conciliation agreement means a written agreement setting forth the resolution
of the issues in conciliation.
Disability:
(1) Disability means, with respect to a person:
a. A physical or mental impairment which substantially limits one (1) or more of such
person's 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.
(2) Discrimination on the basis of disability means:
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 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
Amended 15
September 28, 2010
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 manner that:
i. The public use and common use portions of such dwellings are readily accessible to
and usable by persons with disabilities;
i i. 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-A117.1") suffices to satisfy the requirements of
paragraph (2)(b)(3) above.
d. Covered multifamily dwelling means:
1. Buildings consisting of four (4) or more units if such buildings have one (1) or more
elevators; and
2. Ground floor 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 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 means an act prohibited by section 17-88 of
this division.
Dwelling means:
(1) Any building, structure, or part of a building or structure that is occupied as or
designed or intended for occupancy as a residency by one (1) or more families; or
(2) Any vacant land that is offered for sale or lease for the construction or location of a
building, structure or part of a building or structure described by subparagraph (1)
immediately above.
Familial status: In this division, a discriminatory act is committed because of
familial status if the act is committed because the person who is the subject of
discrimination is:
(1) Pregnant;
(2) Domiciled with an individual younger than eighteen (18) years of age in regard to
whom the person:
a. Is the parent or legal custodian;
b. Has the written permission of the parent or legal custodian for domicile with that
person; or
c. Is in the process of obtaining legal custody of an individual younger than eighteen
(18) years of age.
Family includes a single individual.
Gender expression shall mean 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.
Amended 16
September 28, 2010
Gender identity shall mean 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 means
(1) The person accused in a complaint of discriminatory housing practice; or
(2) Any person identified as an addition or substitute respondent under section 17-90
of this division.
To rent includes to lease, to sublease, to let, or to otherwise grant for a
consideration the right to occupy premises not owned by the occupant.
Sexual orientation means heterosexuality, homosexuality or bisexuality or
being identified with such orientation.
Transgender shall mean a person who experiences and/or expresses their
gender differently feFm 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. 1 1 075, § 1, 4-21-92; Ord. No. 1 3981, § 1, 10-26-99; Ord. No. 1 4344, § I, 9-
26-00; Ord. No. 16032, § 1, 7-13-04; Ord No. 18909-11-209 §1, 11-10-09)
Sec. 17-88. Discrimination prohibited.
(a) Sale or rental.
(1) A person may not refuse to sell or to rent after the making of a bona fide offer,
refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a
dwelling to any person because of race, color, religion, sex, disability, familial status,
national 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
Amended 17
September 28, 2010
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:
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. 1 1075, § 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)
Sec. 17-89. Exemptions; exclusions.
(a) Housing for elderly exempted.
(1) The provisions of this division relating to familial status do not apply to housing for
older persons.
(2) In this section "housing for older persons" means housing:
a. That the Secretary of the United States Department of Housing and Urban
Development determines is specifically designed and operated to assist elderly persons
under a federal or state program;
b. Intended for, and solely occupied by, persons sixty-two (62) years of age or older;
or
c. Intended and operated for occupancy by at least one (1) person fifty-five (55) years
of age or older per unit as determined by the Secretary of the 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:
1. The existence of significant facilities and services specifically designed to meet the
physical or social needs of older persons, or if the provision of such facilities and services
is not practicable, that such housing is necessary to provide important housing
opportunities for older persons; and
2. That at least eighty (80) percent of the units are occupied by at least one (1) person
fifty-five (55) years of age or older per unit; and
3. The publication of, and adherence to policies and procedures which demonstrate an
intent by the owner or manager to provide housing for persons fifty-five (55) years of
age or older.
(b) certain sales and rentals exempted.
(1) Subject to subparagraph (2) of this paragraph, section 17-88 does not apply to:
a. The sale or rental of a single-family house sold or rented by an owner if:
1. The owner does not:
i. Own more than three (3) single-family houses at any one (1) time; or
ii. Own any interest in, nor is there owned or reserved on his behalf, under any express
or voluntary agreement, title to or any right to any part of the proceeds from the sale or
rental of more than three (3) single-family houses at any one (1) time; and
2. The house was sold or rented without:
Amended 18
September 28, 2010
i. The use of the sales or rental facilities or services of a real estate broker, agent, or
salesman licensed under state law, or of an employee or agent of a licensed broker,
agent or salesman, or the facilities or services of the owner of a dwelling designed or
intended for occupancy by five (5) or more families; or
i i. The publication, posting, or mailing of a notice, statement or advertisement
prohibited by section 17-88; or
b. The sale or rental of rooms or units in a dwelling containing living quarters occupied
or intended to be occupied by no more than four (4) families living independently of
each other if the owner maintains and occupies one (1) of the living quarters as the
owner's residence.
(2) The exemption of subsection (b)(1)(a)(1) of this section applies to only one (1)
sale or rental in a twenty-fou r-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. 11 075, § Y, 4-21-92; Ord. No. 11 384, § l(A), 8-17-93; Ord. No. 1 3981, § 1,
I0-26-99; Ord. No. 14344, § I, 9-26-00; Ord No. 18909-11-209 §I, 11-10-09)
Sec, 17-90. Enforcement. "
(a) It is the intention of the city council nci I that the human relations commission and its
staff supervised by its administrator shall be the agency the "agency") authorized to
enforce the provisions of this division under the supervision of the city manager or his
designee as provided under section 2 of chapter V of the charter, as further provided
hereinafter, and as further provided under state and federal law.
(b) The commission shall delegate to the administrator and staff the duty of day-to-day
implementation and enforcement of this division, subject to its policy directives and its
approval of any rules and regulations recommended by the administrator to aid
implementation and enforcement.
(c) The administrator is encouraged to cooperate with the Secretary of Housing and
Urban Development and the Attorney General of the United States 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
administrator is encouraged to cooperate with the Texas commission on Human Rights
Amended 19
September 28, 2010
in the enforcement of the Texas Fair Housing Act, and may assist the Texas commission
on Human Rights in any way consistent with the policy of this division.
(d) The administrator 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 state
district court of Tarrant County, Texas.
(Ord. No. 11 075, § 1, 4-21-92; Ord. No. 13951, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
26-D0; Ord. No. 16032, § 1, 7-13-04)
Sec. 17-91. Complaint and answer.
(a) An aggrieved person, or any authorized representative of an aggrieved person, may
file a complaint with the administrator not later than one (1) year after an alleged
discriminatory housing practice has occurred or terminated. A complaint may also be
filed by the administrator, not later than one (1) year after an alleged discriminatory
housing practice has occurred or terminated, if the administrator has reasonable cause
to believe that a person has committed a discriminatory housing practice.
(b) The administrator shall treat a complaint referred by the Secretary of 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 Texas Commission on
Human Rights under the Texas Fair Housing Act, Article 1f, Vernon's Texas Revised Civil
Statutes, as amended, as a complaint filed under subsection (a). No action will be taken
under this division against a person for a discriminatory housing practice if the referred
complaint was filed with the governmental entity later than one (1) year after an alleged
discriminatory housing practice occurred or terminated.
(c) A complaint must be 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 administrator 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 (10) days after the filing of a complaint, the administrator shall,
in writing:
(1) Notify the respondent named in the complaint that a complaint alleging the
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 (10) days after service of notice of the complaint; and
Amended 20
September 28, 2010
(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, 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.
(g) A complaint or answer may be amended at any reasonable time prior to a
determination as to reasonable cause as hereinafter provided. The administrator shall
furnish a copy of each amended complaint or answer, respectively, to the respondent or
complainant, and any aggrieved person if different from the complainant, as promptly as
is practicable.
(h) The administrator may not disclose or permit to be disclosed to the public the
identity of a respondent while the complaint is 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 (1) year after the date on which the
complaint was filed unless it is impracticable to do so, in which case, the administrator
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. 1 8909-11-209 §1, 11-10-09)
Sec. 17-92. Investigation.
(a) Not more than thirty (30) days after the filing of a complaint by an aggrieved
person or by the administrator, the administrator shall commence an 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 administrator shall seek the voluntary cooperation of any person to:
(1) Obtain access to premises, records, documents, individuals, and any other possible
source of information;
(2) Examine, record, and copy necessary materials; and
(3) Take and record testimony or statements of any person reasonably necessary for
the furtherance of the investigation.
(c) The administrator may, at the administrator's discretion or at the request of the
respondent, the complainant, or the aggrieved person if different from the complainant,
issue a subpoena or subpoena duces tecu m to compel attendance of a witness or the
production of relevant materials or documents, pursuant to the authority of the city
under chapter V, section 7 of the City Charter. Failure to comply with a subpoena issued
under this subsection is a criminal offense and is punishable as provided by ordinance.
(d) An investigation shall remain open until as provided 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 administrator
shall complete the investigation within one hundred (log) days after the date of filing of
the complaint. If the administrator is unable to complete the investigation within the
one-hundred-day period, the administrator shall notify the complainant, the aggrieved
party if different from the complainant, and respondent, in writing, of the reasons for the
delay.
Amended 21
September 28, 2010
(e) This section does not limit the authority of the administrator to conduct such other
investigations or to use such other enforcement procedures, otherwise lawful, as the
administrator considers necessary to enforce this chapter.
(f) The administrator shall prepare a final investigative report showing:
(1) The names of and dates of contact with witnesses;
(2) A summary, including dates, of correspondence and other contacts with the
aggrieved person and the respondent;
(3) A summary description of other pertinent records;
(4) A summary of witness statements; and
(5) Answers to interrogatories.
(Ord. No. 1 1475, § 11 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
20-00)
Sec. 17-93. Temporary or preliminary relief.
(a) If at any time following the filing of a complaint the administrator concludes that
prompt judicial action is necessary to carry out the purposes of this division, the
administrator may request the city attorney to initiate a civil action 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 administrator'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. 11 075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 11 9-
20-00)
Sec. 17-94. Conciliation.
(a) During the period beginning with the filing of a complaint and ending with the
issuance of a charge, the dismissal of the complaint, or the dismissal of the criminal
action in municipal court, the administrator shall try to conciliate the complaint. In
conciliating a complaint, the administrator 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.
(b) If a conciliation agreement is executed under this section, a party to the agreement
may not be prosecuted in municipal court, nor may the administrator issue a charge
against a party, for the discriminatory housing practice specified in the agreement under
subsection (d)(1) unless the administrator 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 administrator who shall indicate approval by
signing the agreement. A conciliation agreement is executed upon its signing and
verification by all parties to the agreement.
(d) A conciliation agreement executed under this section must contain:
(1) An identification of the discriminatory housing practice and corresponding
respondent that gives rise to the conciliation agreement under subsection (a) and the
identification of any other discriminatory housing practice and the respondent that the
parties agree to make subject to the limitation on prosecution of subsection (b);
(2) An identification of the housing accommodation subject to the conciliation
agreement; and
Amended 22
September 28, 2010
(3) A statement that each party entering into conciliation agreement agrees:
a. Not to violate this chapter or the conciliation agreement; and
b. That the respondent shall file with the administrator a periodic activity report, if
required by the terms of the conciliation agreement and/or any applicable state or
federal laws or regulations.
1. The party who prepares the activity report must sign and verify the report.
2. An activity report must be filed each month on the date specified in the conciliation
agreement for the period specified by the conciliation agreement, or by applicable law or
regulations if different.
(e) In addition to the requirements of subsection (d),, a conciliation agreement may
include any other term or condition agreed to by the parties, including, but not limited
to:
(1) Monetary relief in the form of damages, including humiliation and embarrassment
and attorney fees; and
(2) Equitable relief such as access to the housing accommodation at issue, or to a
comparable housing accommodation, and provision of services and facilities in
connection with a housing accommodation.
(f) Nothing said during the course of conciliation 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 administrator determines that disclosure is
not required to further the purposes of this division. Notwithstanding a determination
that disclosure of a conciliation agreement is not required, the administrator may publish
tabulated descriptions of the results of all conciliation efforts.
(h) If the aggrieved person 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 administrator shall terminate efforts to conciliate the complaint unless the
court specifically requests assistance from the administrator. The administrator may also
terminate efforts to conciliate the complaint if:
(1) The respondent fails or refuses to confer with the administrator;
(2) The aggrieved person or the respondent fails to make a good faith effort to resolve
any dispute; or
(3) The administrator finds, for any reason, that voluntary agreement is not likely to
result.
(Ord. No. 1 1 075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 1 4344, § 1, 9-
26-00)
Sec. 17-95. Violation of conciliation agreement.
(a) A person commits an offense if, after the person executes a conciliation agreement
under section 17-94, he violates any term or condition contained 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 section 17-94:
(1) The respondent did not commit the discriminatory housing practice; or
(2) The administrator did not have probable cause to believe the discriminatory
housing practice was committed.
(c) If the administrator determines that a conciliation agreement has been violated, the
administrator shall give written notice to all parties subject to the agreement.
(d) when the administrator has reasonable cause to believe that respondent has
breached a conciliation agreement, the administrator shall refer the matter to the city
attorney's office with a recommendation that a civil action be filed for the enforcement
Amended 23
September 28, 2010
of the agreement. The administrator 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)
Sec. 17-96. Referral of complaint to hearing; election of court proceeding;
reasonable cause determination and charge.
(a) Upon completion of the investigation and informal endeavors at conciliation by the
administrator, but within one hundred (100) days of the filing of the complaint with the
administrator and if conciliation has not been effected, the administrator may refer the
matter complained of to the committee, together with the answer of the respondent, if
any, and a full report of his/her investigation and activities in the matter.
(b) In lieu of a hearing before the committee as set out in section 17-96(c) below, a
complainant, respondent or an aggrieved person on whose behalf a charge is filed, may
elect in writing to have the claims asserted in the complaint decided in state district
court provided in section 17-98 of this Code or as provided for under Article II, Sections
2.06 and 2.08 of the Texas Fair Housing Act (Vernon's Tex. Rev. Civ. Stat. Ann. Art. 1f,
as amended or any successor statute) and chapter 337 of the Texas Commission on
Human Rights Procedural Rules. This election may be made at any reasonable time
under the foregoing laws but must be made not later than twenty (20) days after the
receipt by the electing person of notice that a hearing under section 17-96(c) has been
requested.
(c) The committee shall order a 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 administrator to issue a determination of
reasonable cause and a charge, if it finds the preponderance of the credible evidence so
wa rra nts.
(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 Chapter 551 of the Texas
Government Code. 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 assistant. The complaint 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 administrator 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 administrator upon a panel finding of reasonable
cause and:
Amended 24
September 28, 2010
(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 administrator will be forwarded within ten (10) days to
the city attorney for action as hereinafter provided. Copies of the charge will be served
on the complainant, the aggrieved person, if different from the complainant, and any
respondents.
(h) The administrator may not issue a charge and the city attorney may not bring or
maintain a civil action 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 and the trial in
the action has begun. If a charge may not be issued by the administrator or a civil action
may not be brought or maintained by the city attorney because of the trial of a civil
action brought by the aggrieved party, the administrator 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 administrator 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, §
l(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)
Sec. 17-97. Dismissal of complaint.
(a) A complaint may be dismissed by the administrator during the investigation and
prior to referral to the committee when the administrator determines that
(1) The complaint was not filed within the required time period;
(2) The location of the alleged discriminatory housing practice is not within the city's
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 administrator 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 administrator has performed a reasonable search; or
(6) A conciliation agreement has been executed by the respondent, complainant, and
aggrieved person if different from the complainant.
(b) A criminal action may be dismissed by a municipal 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 administrator shall notify the complainant, the aggrieved person if different
from the complainant, and the respondent of the dismissal of the complaint, including a
written statement of facts, and make public disclosure of the dismissal by issuing a press
release, unless the respondent requests that no public disclosure be made.
(Ord. No. 11075, § 1, 4-21-92; ord. No. 13981, § 1, 10-26-99; ord. No. 14344, § 1, 9-
26-00)
Amended 25
September 28, 2010
Sec. 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 a respondent has been found by the administrator and the city attorney to have
breached an executed conciliation agreement or if the administrator has issued a charge,
or if a party has elected under section 17-96(b) to have the claims raised by the
complaint resolved in court, the city attorney, upon the request of the administrator,
shall initiate and maintain a civil action on behalf of the aggrieved person in the state
district court seeking relief under this chapter. Venue is in Tarrant County, Texas.
(b) An aggrieved person may intervene in the action.
(c) 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. Ten Eleven thousand dollars ($11-G,000.00) if the respondent has not been adjudged
by a court to have committed a prior discriminatory housing practice;
b. Except as provided by subparagraph d. of this paragraph, twenty-five seven
thousand five hundred dollars ($27-5,5000.00) if the respondent has been adjudged by a
court to have committed one (1) other discriminatory housing practice during the five-
year period ending on the date of the filing of the charge; and
c. Except as provided by subparagraph d. of this paragraph, fifty-five thousand dollars
($55-9,000.00) if the respondent has been adjudged by a court to have committed two
(2) 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
subparagraphs (b) and (c) of this paragraph 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.
(d) 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.
(e) The city shall not be subject to orders for sanctions for the failure of the
complainant, if other than the administrator, or aggrieved person to comply with
discovery requests of the defendant or discovery orders of the court.
(f) Any resolution of a charge before a final order is signed by the state district court
under this section requires the consent of the aggrieved person on whose behalf the
charge is issued.
(Ord. No. 11 075, § 1, 4-21-92; Ord. No. 11167, § l(8), 9-8-92; Ord. No. 1 1384, §
l(0), 8-17-93; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-26-00)
Amended 26
September 28, 2010
Sec. 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
(2) years after the occurrence or termination of an alleged discriminatory housing
practice or after the breach of a conciliation agreement entered into under this chapter,
whichever occurs last, to obtain appropriate relief with respect to the discriminatory
housing practice or the breach of the conciliation agreement.
(b) An aggrieved person may file an action under this section whether or not a
complaint has been filed under this division and without regard to the status of any
complaint filed under this division, except as provided in subsection (c).
(c) An aggrieved person may not file an action under this section for an alleged
discriminatory housing practice that forms the basis of a charge issued by the
administrator if:
(1) The administrator has obtained a conciliation agreement with the consent of the
aggrieved person; or
(2) The city attorney has filed a civil action on the charge 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 section 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. 11 075, § 1, 4-21-92; Ord. No. 1 3981, § 1, 10-26-99; Ord. No. 1 4344, § 1, 9-
26-00)
Sec. 17-100. Effect of civil action on certain contracts.
Relief granted under section 17-98 or 17-99 does not affect a contract, sale,
encumbrance, or lease that:
(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 section 17-
101.
(Ord. No. 11675, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
26-00)
Sec. 17-101. Service of notice and computation of time.
(a) For purposes of this chapter, any notice, paper, or document required to be served
on any person under this chapter may be served in person or by United States mail to
the person's last known address.
(b) When service is by mail, three (3) days will be added to the prescribed time period
allowed under this chapter for timely filing.
(c) Service is complete and time periods begin to run at the time the required notice,
paper, or document is delivered in person or deposited in a United States postal
receptacle.
Amended 27
September 28, 2010
(Ord. No. 11 075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § I, 9-
26-00)
Sec. 17-102. Additional remedies.
The procedures prescribed by this division do not constitute an administrative
prerequisite to another action or remedy available to the city or to an aggrieved person
under federal or state law.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
26-00)
Sec. 17-103. Education and public information.
The administrator may conduct educational and public information activities that
are designed to promote the policy of this division.
(Ord. No. 11 075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
26-00)
Sec. 17-104. Effect on other law.
This division does not affect any local, state, or federal restriction:
(1) On the maximum number of occupants permitted to occupy a dwelling unit; or
(2) Relating to health or safety standards.
(Ord. No. 11075, § 1, 4-21-92; Ord. No. 13981, § 1, 10-26-99; Ord. No. 14344, § 1, 9-
26-00)
Sec, 17-10S. 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/her having exercised or enjoyed, or
on account of his/her having aided or encouraged any other person in the exercise or
enjoyment of any right granted or protected by this division, 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)
Sec. 17-106. Criminal penalties for violation.
(a) A person who violates a provision of section 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 section 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)
Amended 28
September 28, 2010
City of Fort Worth, Texas
Mayora ................................ ................. .........
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DATE: Tuesday, September 28, 2010 REFERENCE NO.: G-17066
LOG NAME: 12AMENDCHAPTERI7HU MAN RELATIONS
SUBJECT:
Adopt an ordinance Amending Chapter 17 Articles ii and III of the Code of the City of Fort Worth to Reflect
the organizational Changes Resulting from the Dissolution of the Community Relations Department and
Realignment of Civil Rights Enforcement Staff and to Conform the Amounts of Civil Penalties for Housing
Violations to Current Federal Law
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance revising Chapter 17, Articles 11 and
III of the Fort Worth City Code to reflect the organizational changes resulting from the dissolution of the
Community Relations Department and realignment of civil rights enforcement staff and to conform the
amounts of civil penalties for housing violations to current federal law.
DISCUSSION:
On September 21, 2010, the City Council adopted the Fiscal Year 2010-2011 Budget. The Budget called
for the dissolution of the Community Relations Department and realignment of civil rights enforcement
staff to the Office of the City Manager.
It is recommended that the City Code be revised and amended to reflect the organizational changes and
to give authority for enforcement of Chapter 17 of the Code to the Human Relations Administrator to be
appointed by the Human Relations Commission and ratified by the City Council. The Code shall be
revised and amended for Chapter 17, Article 11, "Human Relations Commission;" Article iii, Discrimination,
Division 2, "Places of Public Accommodation;" Article iii, Division 3, "Employment Practices"; and Article
III, Discrimination, Division 4, "Fair Housing."
Federal regulations establishing civil penalties for violation of fair housing policies have been revised to
increase the amounts of the penalties. It is recommended that the Code be amended to conform to the
higher penalties of the federal regulations.
The proposed ordinance has been submitted for review of its substantial equivalency to federal programs
by both the United States Department of Housing and Urban Development Fair Housing Assistance
Program and the United States Equal Employment opportunity Commission. Preliminary drafts received
cursory approval by the Assistant Secretary of Housing and Urban Development in charge of the Fair
Housing Assistance Program.
On September 16, 2010, the Fort Worth Human Relations Commission considered the proposed
amendments to the Code and voted unanimously to recommend their adoption by the City Council.
FISCAL INFORMATION 1 CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
Logname: 12AMENDCHAPTER17HUMANRELATIONS Page 1 of 2
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Offic Fernando Costa (6122)
Originating Department Head: David Yett (7623)
Marcia Wise (7607)
Additional Information Contact: Vanessa Ruiz Boling (7534)
Logname: 12AMENDCHAPTERI7HUMANRELATIONS Page 2 of 2