HomeMy WebLinkAboutOrdinance 13981ORDINANCE NO.~~~
AN ORDINANCE REVISING AND AMENDING CHAPTER 17, "HUMAN
RELATIONS" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, PROVIDING FOR ADMINISTRATIVE SUPERVISION
OF THE DIRECTOR BY THE CITY MANAGER, AND POLICY DIRECTION
BY THE HUMAN RELATIONS COMMISSIONERS; PROVIDING UPDATED
LANGUAGE TO MATCH THE FEDERAL STATUTORY CATEGORIES;
PROVIDING THAT THIS ORDINANCE SHALL BE CIJNIULATIVE;
PROVIDING FORA SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTNE DATE.
Be it ordained by the City Council of the City of Fort Worth, Texas that:
SECTION 1.
Chapter 17 "Human Relations" of the Code of the City of Fort Worth, Texas (1986), as
amended, is hereby revised and amended, and after said revision and amendment shall read as
follows:
ARTICLE L 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 age, race, color, sex, religion, disability, national
origin or familial status is detrimental to the peace, progress and welfare of the city.
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 1 through 11. Each member of the commission shall be a resident
of the city. As nearly as is reasonably possible, the membership shall be fairly representative of
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all of the races, colors, religions, national origins, sexes, ages and disability status which
comprise the population of the city. The members of the human relations commission shall serve
without compensation.
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 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.
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 or
familial status.
(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.
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.
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Sec. 17-20. Appointment of employees.
(a.) Director
(1) The Human Relations Commission shall have the power to appoint a Director,
whose appointment shall be subject to the review of the City Manager and the
approval of the City Council.
(2) The salary of the Director 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 Director shall receive administrative supervision and support from the City
Manager. The Director shall carry out the policy directives of the Human
Relations Commission and support the Human Relations Commission in the
performance of their duties.
(4) The performance of the Director shall be evaluated annually by the chair of the
Human Relations Commission, three members of the Human Relations
Commission appointed by the chair and the City Manager or a designee of the
City Manager.
(S) Either the Human Relations Commission or the City Manager may terminate the
Director 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
Director, the City Council will determine whether termination is warranted.
(b.) Human Relations Staff
(1) All other Human Relations Commission personnel shall be subject to the
supervision of the Director and are 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.
Sec.17-21. Funding.
(a) The annual budget of the Human Relations Commission shall be subject to the
recommendation of the Human Relations Commission, shall be reviewed by the City
Manager and approved by the City Council.
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(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 for such purpose.
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:
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.
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.
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
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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.
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.
Cross reference(s)--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 services, above reasonable and necessary expenses, are solely for the benefit of
such organization.
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 or national origin, 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.
Sec. 17-49. Investigation of alleged violations; filing complaint.
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(a) It is the intention of the city council that the human relations commission shall be the
agency to receive and investigate all complaints of alleged violations of this division, and that
such commission shall attempt to resolve such complaints by informal methods of conference,
conciliation and persuasion. If the commission cannot resolve an alleged violation of this
division, the director of the commission 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 commission
and a party charged with a violation under this division, the director of the commission receives
creditable 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 director of the commission shall be authorized to request that a complaint be
filed thereon in municipal court.
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.
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.
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:
Auxiliary aids and services shall mean:
(a) Qualified interpreters or other effective methods of making aurally delivered materials
available to individuals with hearing impairments;
(b) Qualified readers, taped texts, or other effective methods of making visually delivered
materials available to individuals with visual impairments;
(c) Acquisition or modification of equipment or devices; and
(d) Other similar services and actions.
Disability means, with respect to an individual:
(a) A physical or mental impairment that substantially limits one or more of the major life
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activities of such individual;
(b) A record of such an impairment; or
(c) 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:
(a) 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.
(b) Exceptions. The term "employer" does not include:
(1) The United States, a corporation wholly owned by the government of the United States,
or an Indian tribe; or
(2) A bona fide private membership club (other than a labor organization) that is exempt
from taxation under section 501(c) of Title 26.
Illegal use of drugs means:
(a) 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.
(c) 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
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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:
(a) Making existing facilities used by employees readily accessible to and usable by
individuals with disabilities; and
(b) 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.
Undue hardship means:
(a) 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 (b).
(b) Factors to be considered in determining whether an accommodation would impose an
undue hardship on a covered entity, factors to be considered include:
(1) The nature and cost of the accommodation needed under this chapter;
(2) 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;
(3) 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
(4) 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.
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 or national origin 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.
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(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 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
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the employment duties of such applicant, and may condition an offer of employment on the
results of such examination, i£
(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 maybe 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 bejob-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
bejob-related and consist ent with business necessity, and such performance cannot be
accomplished by reasonable accommodation, as required under this subchapter.
(2) Qualification standards. The term "qualification standards" may include a requirement
that an individual shall not pose a direct threat to the health or safety of other individuals in the
workplace.
(3) Religious entities.
a. In general. This subchapter shall not prohibit a religious corporation, association,
educational institution, or society from giving preference in employment to individuals of a
particular religion to perform work connected with the carrying on by such corporation,
association, educational institution, or society of its activities.
b. Religious tenets requirement. Under this division, a religious organization may require
that all applicants and employees conform to the religious tenets of such organization.
(4) List of infectious and communicable diseases.
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.
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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. orb. 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 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);
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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.
(1) Notice requirement.
Any employer, general contractor, labor organization or employment agency subject to the
provisions of this division shall post, in a conspicuous place available to all employees and
applicants for employment, notices apprising employees and applicants of this division.
Sec. 17-68. Maintenance of independent contractor relationship.
Neither this division nor any section or provision of this division shall be interpreted or applied
so as to interfere with, impair or destroy the independent contractor relationship between the city
and any person bidding on or engaged in the performance of any existing contract for public
work as an independent contractor of the city.
Sec.17-69. Enforcement.
(a) It is the intention of the city council that the human relations commission shall be
authorized to enforce the provisions of this division under the supervision of the city manager, in
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compliance with the provisions of section 2 of chapter V of the charter.
(b) Following complaint and provided that there is justifiable reason to believe there is a
violation of any provision of this division, the human relations commission 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 commission, 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 human relations commission 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 human relations commission 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 human relations commission determine, after such investigation, that there is
not reasonable cause to believe that the charge is true, such commission 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 human relations commission may endeavor to eliminate any such alleged
unlawful employment practice by informal methods of conference, conciliation and persuasion.
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:
(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.
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(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 acommunist-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, i£
(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 executive order of
the president; and
(2) Such individual has not fulfilled or has ceased to fulfill that requirement.
(e) Notwithstanding any other provision of this 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 or national origin, nor shall it be unlawful for an
employer to give and to act upon the results of any professionally developed ability test provided
that such test, its administration or action upon the results is not designed, intended or used to
discriminate because of age, race, color, religion, sex, disability or national origin. 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 or national origin of such individual or group on account of an
imbalance which may exist with respect to the total number of percentage of persons with
disabilities or of any age group, race, color, religion, sex or national origin employed by any
employer, referred or classified for employment by any employment agency or labor
p. 15
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 or
national origin in any community, state, section or other area, or in the available work force in
any community, state, section or other area.
(g) Nothing contained in this 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.
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 two hundred dollars ($200.00), and each day
that a violation exists is hereby declared to be a distinct and separate offense and punishable as
such, all as provided for in section 1-6 of this Code.
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 or familial status.
(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 or familial status; and further, that the denial of such
rights through considerations based upon race, color, religion, national origin, sex, disability or
familial status 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.
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 director of the Fort Worth Human Relations
Commission.
p. 16
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 o£
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 maybe necessary to afford such person full enjoyment of the premises except that,
in the case of a rental, the landlord may where it is reasonable to do so condition permission for a
modification on the renter agreeing to restore the interior of the premises to the condition that
existed before the modification, reasonable wear and tear excepted;
2. A refusal to make reasonable accommodations in rules, policies, practices, or services,
when such accommodations may be necessary to afford such person equal opportunity to use and
enjoy a dwelling; or
3. In connection with the design and construction of covered multi-family dwellings for first
occupancy after March 12, 1991, a failure to design and construct those dwellings in a manner
that:
i. The public use and common use portions of such dwellings are readily accessible to and
usable by persons with disabilities;
ii. All the doors designed to allow passage into and within all premises within such
dwellings are sufficiently wide to allow passage by persons in wheelchairs; and
p. 17
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.
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:
p. 18
(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.
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 or national origin.
(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 or national origin.
(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 or national origin, 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 or national origin 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 or
national origin.
(e) Residential real estate related transaction.
(1) A person whose business includes engaging in residential real estate related transactions
may not discriminate against a person in making a real estate related transaction available or in
the terms or conditions of a real estate related transaction because of race, color, religion, sex,
disability, familial status or national origin.
(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, amultiple-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 or
national origin.
p. 19
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 asingle-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 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:
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
ii. 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 atwenty-four-month period if the owner was not the most recent resident of the house at
p. 20
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 or national origin.
(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.
Sec. 17-90. Enforcement by human relations commission.
(a) It is the intention of the city council that the human relations commission shall be
authorized to enforce the provisions of this division under the supervision of the city manager 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 the duty ofday-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 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.
p. 21
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 1 f, 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, or national origin).
(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
(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
p. 22
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 maybe 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.
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 tecum to compel attendance of a witness or the production of
relevant materials or documents, pursuant to the authority of the city under chapter V, 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 (100) 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
p. 23
writing, of the reasons for the delay.
(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.
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.
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
p. 24
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
(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 maybe 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 adetermination 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.
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:
p. 25
(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 of the agreement. The
administrator shall also file a criminal action in municipal court for a violation of the agreement.
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. lf, as amended) and chapter
337 of the Texas Commission on Human Rights Procedural Rules. This election maybe 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 warrants.
(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 article 6252-17 of the [Texas] Revised Civil Statutes. 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.
p. 26
(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:
(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.
Sec. 17-97. Dismissal of complaint.
(a) A complaint maybe 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.
p. 27
(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.
Sec. 17-98. Civil action in state district court.
(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 thousand dollars ($10,000.00) 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 thousand dollars
($25,000.00) if the respondent has been adjudged by a court to have committed one other
discriminatory housing practice during the five-year period ending on the date of the filing of the
charge; and
c. except as provided by Subparagraph d. of this paragraph, fifty thousand dollars
($50,000.00) 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 maybe 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
p. 28
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.
Sec. 17-99. Enforcement by private persons.
(a) An aggrieved person may file a civil action in state district court not later than two years
after the occurrence or termination of an alleged discriminatory housing practice or after the
breach of a conciliation agreement entered into under this chapter, whichever occurs last, to
obtain appropriate relief with respect to the discriminatory housing practice or the 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.
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:
(a) was consummated before the granting of the relief; and
(b) 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.
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 maybe served in person or by United States mail to the person's last
known address.
p. 29
(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.
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.
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.
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.
Sec. 17-105. Interference with exercise of rights unlawful.
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or
enjoyment of, or on account of his/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.
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.
SECTION 2.
p. 30
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), 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 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or
unconstitutionality shall not effect 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 void, ineffective or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 4.
This ordinance shall take effect and be in full force and effect from and after its passage, and it is
so ordained.
p. 31
APPROVED AS TO FORM AND LEGALITY:
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City of Fort Worth, Texas
~1-~Ayar And C,aunc~l C,ammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
10/26/99 G-12711 07HRC 1 of 2
SUBJECT ADOPTION OF ORDINANCE AMENDING THE HUMAN RELATIONS COMMISSION
ORDINANCE
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance, which amends Article I, Section
17-1 and Article II, Sections 17-16, 17-18, 17-20, and 17-21 of the City Code as it relates to the
activities of the Human Relations Commission.
DISCUSSION:
The proposed amendments are necessary to clarify the responsibilities of the .Director, the City
Manager and the Human Relations Commission as they relate to the operation of the Human Relations
Commission, and to achieve uniformity with the City's personnel policies.
The Human Relations Commission unanimously approved the proposed amendments at its August 24,
1999 meeting. The Governmental Relations Committee of the City Council reviewed the proposed
amendments at its September 20, 1999 meeting.
The ordinance amendments are as follows:
• Delete creed and add age, religion, disability and familial status to the public policy statement of
the ordinance.
• Delete economic, religious, cultural, ethnic and racial groups and add race, color, religion,
national origin, sex, age and disability status as the factors to be considered in achieving a
Human Relations Commission membership which is representative of the City's population.
• Add age, color, sex, disability, national origin and familial status to the matters on which the
Human Relations Commission is to advise and consult with the City Council.
• Authorize the Human Relations Commission to appoint a Director whose appointment is subject
to the review of the City Manager and the approval of the City Council.
• Permit the Human Relations Commission to set the salary of the Director in accordance with the
compensation plan for City employees, said salary to be approved by the City Manager and the
City Council.
• Authorize the City Manager to provide administrative support and supervision to the Director,
while enabling the Director to carry out the policy directives of the Human Relations
Commission.
• Provide that the Director shall be evaluated annually by four members of the Human Relations
Commission and the City Manager or a designee.
City of Fort Worth, Texas
~1/~Ayar And C,auncll Cammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
10/26/99 G-12711 07HRC 2 of 2
SUBJECT ADOPTION OF ORDINANCE AMENDING THE HUMAN RELATIONS COMMISSION
ORDINANCE
• Authorize either the Human Relations Commission or the City Manager to terminate the Director
with the concurrence of the other and to provide that in the event that they do not concur, the
City Council is permitted to determine whether termination is warranted.
• Permit the Director to supervise all other department staff in accordance with the City's
personnel rules and regulations and provide that the number of staff members shall be
determined by the approved budget for the department.
• Require the Human Relations Commission to recommend the departmental budget to the City
Manager and the City Council and ensure that departmental expenditures do not exceed .
appropriated funds.
The term "Executive Director" has been changed to "Director' throughout the Human Relations
Commission Ordinance.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies this action will have no material effect on City funds.
RG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Ramon Guajardo 6109 ~/
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Originating Department Head: I I V ~+v' `~"!
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Vanessa Boling 7567 (from) ~ ~T 26
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Additional Information Contact: ~
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Adapted Ordinance No. ~~~ ~