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HomeMy WebLinkAboutOrdinance 18909-11-2009ORDINANCE NO.1S909-11-2009 AN GRDINANCE REVISING AND AMENDING CHAPTER 17, "HUMAN RELATIONS" OF THE CODE OF THE CITY OF FGRT WORTH, TEXAS ~~19SG}, AS AMENDED, TO PROHIBIT DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION, EMPLOYMENT, AND HOUSING ON THE BASIS OF TRANSGENDER, GENDER EXPRESSION AND GENDER IDENTITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Human Relations Commission is charged with recommending to the City Council and City Manager measures designed to eliminate prejudice and discrimination and to promote and encourage communications between groups interested in bettering our community; and WHEREAS, the City of Fort North has adopted anti-discrimination ordinances that prohibit discrimination in places of public accommodation, employment practices, and in housinglreal estate transactions on the basis of race, color, religion, national origin, sex, disability, age and sexual orientation, and prohibit discrimination in housinglreal estate transactions on the basis of familial status. WHEREAS, the Fort Worth Community Relations Department, the City department charged with investigating and resolving complaints of discrimination in employment, housing, and places of public accommodation, has received various complaints and inquires from Fort North residents pertaining to transgender, gender identity and gender expression discrimination; and WHEREAS, during the February 2009 and March 20x9 regularly scheduled meetings of the Human Relations Commission, the Commission received information and input from individuals impacted by discriminatory practices within the City of Fort North on the basis of transgender, gender identity, and gender expression; and WHEREAS, the City's current anti-discrimination ordinances, do not specif tally prohibit discrimination based on transgender, gender identity or gender expression; and WHEREAS, Fort Worth's vision to be Texas' "Most Livable City" cannot be realized without providing equal protection in employment, housing, and places of public accommodation to all members of the Fort Worth community; and WHEREAS, the Human Relations Commission recommended that the City Council amend Chapter 17 "Human Relations" of the Code of the City of Fort Worth to prohibit discrimination in places of public accommodation, employment, and housing on the basis of transgender, gender expression, and gender identity; and N~~V, THEREFI~RE, BE IT URDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTIUN 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. SECTII)N ~. That the provisions of this ordinance shall be and are hereby declared to be cumulative of all provisions of the Code of the City of Fort Worth, Texas X1986}, as amended, except where the provisions of this ordinance are indirect 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 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 4. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars x$500.00} for each offense. Each day that a violation exists shall constitute a separate offense. 2 SECTI[]N 5. The City Secretary of the City of Fort North, 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 North, Texas, as authorized by Section 52.013 of the Texas Local Government Code. SECTI[]N 6. That this ordinance, election order, proclamation and notice shall take effect upon adoption. .. Mike 1Vloncrie`€~' Mayor of the City of Fo Worth ATTEST: V~ Marty Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY: ~:c~G~ David Yett City Attorney ADOPTED and EFFECTIVE: November 10 2009 3 Ei~ibit "A" Chapter 17 HUMAN RELATIONS* 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, er-sexual orientation. trans ende~• ender identit or ender ex ression is detrimental to the peace, progress and welfare of the city, Code 1964, § 2-53; Ord. No. 5802, § 1; Ord. No. 6447, § 1, 3-1-71; Ord. No.139S1, § 1,10-26-99; Ord. No. 14344, § 1, 9-26-00; Ord. No.14S32, § 1,10-15-O1} Secs, 17-2--17-15. Reserved. ARTICLE II. HUMAN RELATIONS COMMISSION 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, or sexual orientation, S_ ~ ~ ~ ressron. aransge»__er gen er 1 ent~~„_or aender e'~p....._... ~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 alI groups interested in bettering community relations. Code 1964, § 2-56; Ord. No. SS02, § 1; Ord. No.139S1, § 1,10-26-99; Ord. No. 14344, § 1, 9-26-00} ARTICLE III. DISCRIMINATION DIVISION Z, 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: ~4ge, in the context of unlawful discrimination on the basis of age, shall mean over the age of sixty-two X62}years. far 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. 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 e~• t~e,s~.sic.~ll shall mean a erson's external characteristics and behaviors includil~ but not limited to dress roomin , mannerisms, s eech atterns and social interactions that are socially identified ~~1rth a pa~~ticular amender. Gej7del• rder7tzt-t~_shall mean a person,"s„ir~nate, deeplyfelt sense of~e~~der, which ma ! o~~! not corns and to the erson's bod ~ or sex listed on tlleir on Tidal 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. Trans ender shall mean a erson who ex eriences andlo~- ex resses their ender differentl ~ form conventional or cultural ex ectations ir~cl~idi~~ but not limited to those who e~x ress a ender that does not match the sex listed on their on final birth certificate or who l~ ~sicall alter their sex. 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. Code 1964, §§ 13A-11,13A-13; Ord. No. 6205, §§ 2, 3,11-24-69; Drd. No. 6505, §§ 1, 2, 6-28-71; Drd. 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-O1} Cross references: Definitions and rules of construction generally, § 1-2, 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, trans~;ender, fender identin~ or e~~der 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. fib} 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-O1} DIVISIUN 3. EMPLOYMENT PRACTICES Sec.17-6G. 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: ~ 1 } Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; ~2} Qualif ed 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} ather similar services and actions. Department means the Fort Worth Community Relations Department. Disability means, with respect to an individual: ~ 1 } A physical or mental impairment that substantially limits one ~ 1 } or more of the maj or 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- managementcommittee. 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 X15} or more employees for each working day in each of twenty X20} 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 ~4} A bona fide private membership club bother than a labor organization) that is exempt from taxation under section 501 ~c} of Title 26, Gender ex cession shall mean a erson's external. characteristics and behaviors includin but not limited to, dress. roomin mannerisms, s eech atterns and social. interactions that are soclall Identified ~vitll a pal-ticular Qender. Gender identi~- shall .mean a Uerson's innate. deeply felt sense of Gender, ~~rl~icl~ inay or ~~~ayf not corres and to the erson's bodv o~• see listed on their on final birth cet~ilicate. Illegal use of drugs 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 X21 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. § S 12]. 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 shall = meaner heterosexuality, homosexuality or bisexuality or being identified with such orientation. Frans ender shall mean a erson who ex eriences andior ex resses their Qender differentl fo~•m conventional or cultural ex ectations includin but not limited to those v~ho ex ress a ~en~er that does not match the sex listed. on their on final. birth certificate or who h sicall alter their sex. Undue hardship means: ~ 1 } ~n 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; c. The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and d. The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. Code 1964, § 13A-21; ord. No. 7278, § 1,12-22-75; ord. No. 7400, § 1, 8-9-76; ord. No.12570, § 1, 7- 9-96; ord. No.13981, § 1,10-26-99; ord. No.14344, § 1, 9-26-00; Ord. No.16032, § 1, 7-13-04} 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, asexual orientation~,trans~;ender, gender idel~ti~~ ~r gender eY ression 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 j ob 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 disabilifiy 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. fig} 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 j ob-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, ~2} Quali acation 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 } Quali ied 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 X41 U. S.C. 7D 1 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 cif any} that apply to employment insensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions has 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 cif 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 has 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 cif 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 has 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. ~l} 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, $-9-76; ord. No.12570, § 1, 7- 9-96; ord. No. 13981, § 1,10-26-99; ord. No.14344, § 1, 9-26-00} 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. fib} Notwithstandingahy 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. ~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 con~ol 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. fie} 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 ar 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, er-sexual orientation, trans~ender,~~ender 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, e~sexual orientatian~tra~as~ender, gea~der identity~or~~ender 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 ar 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 193 8, as amended X29 U. S.C. 206~d}}. ~t~ 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, er-sexual orientation, trans ender, Qender identitti~ 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, asexual orientation trans ender, ender identit or ender ex ression employed by any employer, referred or classified for employment by any employment agency ar labor organization, admitted to membership ar 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, e~sexual orientation, traa~sgender,^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. fig} Nothing contained in this division shall be construed to repeal or modify any federal, state, territorial ar 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 X40}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 1964, § 13A-25; ord. No. 7278, § 5,12-22-75; ord. No. 7400, § 1, 8-9-76; ord. No. 8957, § 1,10- 25-83; Ord. No. 10093, § 1, 4-12-88; Ord. Na.12570, § 1, 7-9-96; ord. No. 13981, § 1,10-26-99; Ord. No. 14344, § 1, 9-26-00} DIVISION 4. FAIR HUUSING 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 pausing without regard to his~her race, color, religion, national origin, sex, disability, familial status, e~sexual orientation, trans ender, gender identity offender expression, fib} 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. trans egg deg', .gender identit~~ or e~ a~der ex ression; and further, that the denial of such rights through considerations based upon race, color, religion, national origin, sex, disability, familial status, e~sexual orientation trans e,~ nder,~ender identity! or gender _express~on is de~imental 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. ~~rd. No. 11075, § 1, 4-21-92; ord. No.13981, § 1,10-26-99; ord. No.14344, § 1, 9-26-00} 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: ~4dministrator means the individual designated director of the Fort Worth Community Relations Department. aggrieved person includes any person who: (1 } Claims to have been injured by a discriminatory housing practice; or (2} Believes that helshe 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, Concilration agreement means a written agreement setting forth the resolution of the issues in conciliation. Department means the Fort Worth Community Relations Department. Disabil ity.~ (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 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 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 ") suff ces to satisfy the requirements of paragraph ~2}fib}~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-SS 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 ~ 1 S} 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 ~ 1 S}years of age. Family includes a single individual. Gender ex res.sion shall mean a e~•son's external characteristics and behaviors includin ,but not limited to dress roomin mannerisms s eech atterns and social interactions that are sociall ide~~tified with a~partic~ilar eg nder. Grander rdentit ° shall mean a erson's innate dee I felt sense of ender, which ma ~ or ma ~ not correspond to the person's holly or sex_~isted on-their.original -birth .certificate. Person includes an individual, corporation, organization, government or governmental subdivision or agency, business moist, 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 ,~~llall -means heterosexuality, homosexuality or bisexuality or being identified with such orientation. Trans ender shall mean a erson who ex eriences arldlor ex resses their Qender differei~tlti~ foi~n conventional or cultural ex ectations includin T, but not limited to those 4~~1~o eh ress a ~e~~der that does not match the sex listed on their original birth certificate or who uhvsically alte~• their sex. ~~rd. No. 11075, § 1, 4-21-92; ord. No.13981, § 1,10-26-99; ord. No. 14344, § 1, 9-26-00; ord. No. 16032, § 1, 7-13-04} 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, er--sexual orientation, trans ender, e~ nder identityor 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, e~-sexual orientation, trans_gender, gender identit~j or fender 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, e~-sexual orientation, trans eg nder, gender identi . 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, ami is status, nationa on in, ~sexua orientation trans~de_r,_~ender_ ~denti or ender ex ress~on g ~. ~ g .~ • 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, e~-sexual orientation1 trans engender identity ender expression. (e} Residential real estate related transaction. (1 } A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, national origin, e~sexual orientation trans ender ender identi or ender ex cession. (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. (#~ 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 trans~e~ d~~•. ender identity or ender ex ressio~~. (ord. No. 11075, § 1, 4-21-92; ard. No, 13981, § 1,10-26-99; Ord. No. 14344, § 1, 9-26-00} 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 ($0) 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-$$ does not apply to: a. The sale or rental of asingle-family house sold ar rented by an owner if: 1. The owner does not: i. Own more than three (3 }single-family houses at any one (1 }time; or 11. Own any interest in, nor is there owned or reserved an his behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three (3) single-family houses at any one (1 }time; and 2. The house was sold or rented without: i. The use of the sales or rental facilities or services of a real estate broker, agent, or salesman licensed under state law, or of an employee or agent of a licensed broker, agent or salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five (5} or more families; or 11. The publication, posting, or mailing of a notice, statement or advertisement prohibited by section 17- $$; 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 ar rental in a twenty-four-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 ar 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, e~sexual orientationz_transgender, -gender identity or eg rider e~ cession. (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. Na.11075, § 1, 4-21-92; Ord. No.113 $4, § 1(A}, $-17-93; Ord. No.139$1, § 1,10-26-99; Ord. No. 143 44, § 1, 9-26-00) 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. fib} 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 19b8, 42 U.S.C. 3 bo 1, 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} Narne 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. fib} Concise statement of the facts of the discriminatory housing practice, including the basis of the discrimination brace, color, sex, religion, disability, familial status, national origin, e~sexual orientation, trans ender, ender identiri~ 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. fie} Not mare than ten ~ l o} 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 ~ l o} 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 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. fig} 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 fib) 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 aver 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.139S1, § 1,10-2G-99; Ord. No. 14344, § 1, 9-2G-00) City of Fort Worth, Texas Mayor and Council Communication ., ,,,~ ,,. ~°;c;:` `,°fn.~+°.u <:::~`~'iatk.,'.,~o.. i ~~•, >;,4~;'~r~," 'E~?.~= ~~:.~~.... E~S\ ...~.\ ~€~\c 3i~i`~C,..f\~ , ,~ ~ ~, ~ ~ „ ~~. ~, u333, ........ .t E\ E\ .z.,6 , '~ ~~ ~ , ~ v .~° .~\'~Yi . o.E ' , ~ , •` .;F '~\~ Wit CUNCIL~ AC~`I~N ~4pprowed ors ~~~1~~~44~ - Card. N ~. ~ 89Q9 ~ 1 ZOQ9 ~.~.~~E ~ ~' ~~` \,.;5~,~'SCfi?a°lC,';~+'C1(4C'm~?:'.`?~,~:\`~.`Yako~"hk•~\t~2\`kE X.:.,' , w~,''~S`~:'6E\\~`~'i~"';?zi'~~,§`: ~~. Q~i?ho. DATE: Tuesday, November 10, 2009 REFERENCE N4.: G-16151 LOG NAME: OlREVCHAPTER1lANTl-DISCRIMINATION SUBJECT: Adoption of Ordinance Amending and Revising Chapter 1 l Articles I, II and III of the Code of the Cit of Fort Worth to Prohibit Discrimination in Places f Y o Public Accommodation, Employment and Housing on the Bases of Transgender, Gender Expression and Gender Identity ~ECGMMENDATI4N: It is recommended that the City Council adopt the attached ordinance amending and revisin Cha ter 1 l 9 p , Articles I, II and III of the Code of the City of Fort Worth X1986} to prohibit discrimination in laces of ublic p p accommodation, employment and housing on the bases of transgender, gender expression and ender identity. g niscuss~nN~ In February 2009 and March 2009 the Fort Worth Human Relations Commission (FWHRC) received information and input from individuals impacted by discriminatory practices within the City of Fort Worth on the basis of transgender, gender identity and gender expression. On July 28, 2009, the FWHRC, in fulfillment of its duty to ensure that all people who live and work and utilize places of public accommodation are treated equally, adopted a Resolution recommendin the amendment of the Cit 'santi-discrimination r ' g Y o dinances to include transgender, gender identity and gender expression. On August 27, 2009, the City Manager's Diversity Task Force voted unanimous) to endorse and support the FWHRC Resolution. Y The FWHRC will present the aforementioned Resolution to the City Council on November 10, 2009. 4n October 2l, 2009, the FWHRC voted to recommend that the City's anti-discrimination ordinances define the terms transgender, gender identity and gender expression as follows: . Transgendershall mean a person who experiences andlor expresses their gender different) from Y 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. • Gender expression shall mean a person's external characteristics and behaviors includin ,but not g limited to, dress, grooming, mannerisms, speech patterns and social interactions that are social) identified with a articular ender. Y p g • Gender Identity shall mean a person's innate, deeply felt sense of gender, which ma or ma not Y Y correspond to person's body or sex listed on their original birth certificate. It is recommended that the ordinance be amended and revised to prohibit discrimination in laces of p public accommodation, employment and housing on the bases of transgender, gender identit and ender Y g expression. It is further recommended that the terms be defined as recommended by the FWHRC. Lo~name: D7REVCHAPTER 17ANTI-DISCRIMINATION Pa e I of 2 g FISCAL iNFORMATi~N 1 CERTIFiCATI~N: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO FundlAccountlCenters CERTIFiCATi4NS: Submitted for Cit Mana er's Office b Originating Department Head: Additional In#ormation Contact: FRAM FundlAccountlCenters Charles Daniels (6199) Vanessa Ruiz Boling (7534) Tracy Bancroft-Lasseter (8988) Logname: 07REVCHAPTER 17ANTI-DISCRIMINATION Page 2 of 2