Loading...
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.
(1964 Code, § 13A-23) (Ord. 7278, § 3, passed 12-22-1975; Ord. 12570, § 1, passed 7-9-1996; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; 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”) authorized to enforce the provisions of this division.
(b) Following a complaint and provided that there is justifiable reason to believe there is a violation of any provision of this division, the agency 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 agency, it may refer same to the city attorney and/or to the appropriate federal office. Nothing said or done, or documents produced during, and as a part of any such investigation, or attempt at resolution shall be made public without the written consent of the persons concerned.
(c) Whenever a charge is filed by or on behalf of a person claiming to be aggrieved which alleges that an employer, general contractor, employment agency or labor organization has engaged in an unlawful employment practice, the agency may cause a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) to be served upon such employer, general contractor, employment agency or labor organization (hereinafter referred to as “respondent”) within ten days and may make an investigation thereof.
(1) Any such charge shall be in writing, under oath or affirmation, and shall contain such information and be in such form as the agency requires. Such charge shall be filed within 180 days after the alleged unlawful employment practice occurred. Such charges shall not be made public.
(2) Should the agency determine, after such investigation, that there is not reasonable cause to believe that the charge is true, such agency shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of such action.
(3) If the aforesaid investigation determines that there is reasonable cause to believe that the charge is true, the agency may endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation and persuasion.
(1964 Code, § 13A-24) (Ord. 7278, § 4, passed 12-22-1975; Ord. 12570, § 1, passed 7-9-1996; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; 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) 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 or her 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; and
(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) 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.
(d) Notwithstanding any other provision of this division, it shall not be unlawful for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression nor shall it be unlawful for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression. It shall not be unlawful under this division for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of § 6(d) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. § 206(d)).
(e) Nothing contained in this division shall be interpreted to require any employer, employment agency, labor organization or joint labor-management committee subject to this division to grant preferential treatment to any individual or to any group because of the age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons with disabilities or of any age group, race, color, religion, sex, national origin, sexual orientation, transgender, gender identity or gender expression employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of with disabilities or of such age group, race, color, religion, sex, national origin, sexual orientation, transgender, gender identity or gender expression in any community, state, section or other area, or in the available work force in any community, state, section or other area.
(f) 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.
(g) Nothing in this division shall be construed to make unlawful discrimination based upon the ages of persons who are less than 40 years old.
(h) Nothing in this division shall be interpreted to make unlawful discrimination with respect to aliens who entered and reside in the United States illegally.
(1964 Code, § 13A-25) (Ord. 7278, § 5, passed 12-22-1975; Ord. 7400, § 1, passed 8-9-1976; Ord. 8957, § 1, passed 10-25-1983; Ord. 10093, § 1, passed 4-22-1988; Ord. 12570, § 1, passed 7-9-1996; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; 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)
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 $500, 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 § 1-6 of this code.
(1964 Code, § 13A-29) (Ord. 7278, § 9, passed 12-22-1975; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010)
(a) Pursuant to the authority stated in Texas Local Government Code § 214.903, these ordinances related to fair housing are hereby adopted.
(b) 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 or her race, color, religion, national origin, sex, disability, familial status, sexual orientation, transgender, gender identity or gender expression.
(c) 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 or her own choice without regard to race, color, religion, national origin, sex, disability, familial status, sexual orientation, transgender, gender identity or gender expression; and further, that the denial of such rights through considerations based upon race, color, religion, national origin, sex, disability, familial status, sexual orientation, transgender, gender identity or gender expression is detrimental to the health, safety and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of such inalienable right which is within the power and the proper responsibility of government to prevent.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; 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)
Loading...