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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.
(1964 Code, § 13A-11) (Ord. 6205, § 3, passed 11-24-1968; Ord. 6505, § 2, passed 6-28-1971; Ord. 7906, § 1, passed 5-1-1979; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 14832, § 2, passed 10-15-2001; Ord. 19374-09-2010, § 1 (Exh. A) passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
(a) It shall be unlawful for any person or any employee or agent thereof:
(1) To discriminate against, withhold from or deny any person, because of race, color, religion, sex, national origin, disability, age, sexual orientation, transgender, gender identity or gender expression any of the advantages, facilities or services offered to the general public by a place of public accommodation; or
(2) To refuse admission to or to expel from any place of public accommodation any person for alleged noncompliance with a dress code, personal conduct restriction or identification requirement unless such place of public accommodation has previously posted a notice specifying the details of such code, restriction or requirement in a conspicuous, clearly visible location at each public entrance to the place of public accommodation; provided, however, it shall be an exception to this requirement that such refusal or expulsion was required by law.
(b) It shall not be unlawful for any person or any employee or agent thereof to deny any person entry to any restroom, shower room, bathhouse or similar facility which has been designated for use by persons of the opposite sex.
(c) It shall be a defense to prosecution for discrimination on the basis of disability under this division that the alleged discrimination resulted from a condition or structural feature for which a variance had been received from the City of Fort Worth.
(1964 Code, § 13A-12) (Ord. 6205, § 1, passed 11-24-1968; Ord. 7906, § 2, passed 5-1-1979; Ord. 7962, § 1, passed 8-28-1979; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 14832, § 2, passed 10-15-2001; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
(a) It is the intention of the city council that the diversity and inclusion department’s staff, supervised by its director, shall be the agency (the “agency”) to receive and investigate all complaints of alleged violations of this division.
(b) A complaint under this division must be brought within 90 calendar days of the occurrence of the alleged discriminatory act. Any such complaint shall be in wiring, under oath or affirmation, and shall contain such information and be in such form as the agency requires.
(c) Upon filing of said complaint the director or his or her designee, not later than the 10th day after the complaint is received, will notify parties to the complaint that a complaint has been filed.
(d) The agency shall attempt to resolve such complaints by informal methods of conference, conciliation and persuasion. An investigation shall remain open until as provided in this division, a conciliation agreement is executed and approved, a determination as to reasonable cause is made or the complaint is dismissed.
(e) If, upon finding of reasonable cause to believe that a violation of this division has occurred, and the agency cannot resolve the alleged violation through informal methods of conference, conciliation and persuasion, the director of the agency shall be authorized to refer the complaint to the city attorney requesting that a complaint be filed thereon in municipal court.
(f) If, following the execution of a written conciliation agreement between the agency and a party charged with a violation under this division, the director of the agency receives sufficient evidence that gives him or her probable cause to believe that the party who has executed a conciliation agreement has violated the terms of this division after the conciliation agreement had been executed, the director of the agency shall be authorized to request that a complaint be filed thereon in municipal court.
(1964 Code, § 13A-14) (Ord. 6205, § 4, passed 11-24-1968; Ord. 7962, § 2, passed 8-28-1979; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 14832, § 2, passed 10-15-2001; Ord. 16032, § 1, passed 7-13-2004; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
(a) Nothing said or done, or documents produced, in the course of conciliation efforts under this division may be made public or used as evidence in a subsequent proceeding without the written consent of the persons involved.
(b) Notwithstanding paragraph (a), the director shall make available to the aggrieved person and the respondent, at any time, upon request following the completion of the investigation, information derived from an investigation and any final investigative report relating to that investigation.
(Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
(a) If after investigation there is a determination that there is no reasonable cause to believe that an unfair practice under this division has been, is being or is about to be committed, the complaint shall be dismissed and parties to the complaint shall be notified of this action. If a complainant expresses a desire to file an appeal, the director must allow the complainant reasonable access to review, but not copy, non-confidential materials in the case file. The determination of what is considered confidential shall be made by the director or director’s designee.
(b) The complainant may appeal a no reasonable cause determination to the Commission within 20 days of the date the determination is signed by the director by filing a written statement of appeal with the director.
(1) The director must receive the written statement within 20 days of the date that the decision was issued. If the director does not receive the written appeal within 20 days the case will be dismissed and the same shall be entered on the records of the department.
(2) The only grounds for appeal of a no reasonable cause determination is that the evidence in the case file does not support the no reasonable cause decision. The appeal letter must contain a written statement describing the reasons for the appeal, a description of the evidence in the case file that the complainant believes the commission should consider, and why consideration of that evidence should have resulted in a reasonable cause determination.
(c) The director shall promptly notify the commission and respondent of the appeal. Within ten days after being notified of the appeal, the respondent can file a statement of why the no reasonable cause determination should be upheld. The respondent will not be granted access to review the materials in the case file.
(d) The commission can only consider whether the evidence in the case file supports the director’s finding. The commission does not re-investigate the complaint or look at new information.
(e) The commission shall promptly consider and act upon such appeal by (1) affirming the director’s determination; (2) reversing the decision and directing the director to enter a cause determination; or (3) if the commission believes the director should investigate further, remand the complaint to the director with a request for specific further investigation.
(f) In the event no appeal is taken, or such appeal results in affirmance or if the Commission has not decided the appeal within 60 days from the date the appeal statement is filed, the determination of the director shall be final and the complaint deemed dismissed and the same shall be entered on the records of the Department. Any party aggrieved by the final dismissal may appeal the order to an appropriate court.
(Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
This division shall neither add to, nor detract from, any civil remedies now available to persons complaining of discrimination under this division.
(1964 Code, § 13A-15) (Ord. 6205, § 5, passed 11-24-1968; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 14832, § 2, passed 10-15-2001; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
Any person violating any provision of this division shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in § 1-6 of this code.
(1964 Code, § 13A-16) (Ord. 6205, § 7, passed 11-24-1968; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 14832, § 2, passed 10-15-2001; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
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