Whenever the following terms are used in this division, they shall have the meanings respectively ascribed to them in this section.
AGE. In the context of unlawful discrimination, the prohibitions in this division shall be limited to individuals who are at least 40 years of age.
AGENCY. The diversity and inclusion department’s staff supervised by its director.
AUXILIARY AIDS AND SERVICES.
(1) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
(2) Qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments;
(3) Acquisition or modification of equipment or devices; and
(4) Other similar services and actions.
COMMISSION. The Fort Worth human relations commission.
COVERED ENTITY. An employer, employment agency, labor organization or joint labor-management committee.
DIRECTOR. The individual designated by the city manager as the director of the diversity and inclusion department, or the director’s designee.
DIRECT THREAT. A significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
DISABILITY. With respect to an individual:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
EMPLOYEE. An individual employed by an employer.
EMPLOYER.
(1) Generally. In general, the term EMPLOYER means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person.
(2) Exceptions. The term EMPLOYER does not include:
a. The United States, a corporation wholly owned by the government of the United States or an Indian tribe; or
b. A bona fide private membership club (other than a labor organization) that is exempt from taxation under § 501(c) of Title 26.
GENDER EXPRESSION. A person’s external characteristics and behaviors including, but not limited to, dress, grooming, mannerisms, speech patterns and social interactions that are socially identified with a particular gender.
GENDER IDENTITY. A person’s innate, deeply felt sense of gender, which may or may not correspond to the person’s body or sex listed on their original birth certificate.
ILLEGAL USE OF DRUGS.
(1) Generally. In general, the term ILLEGAL USE OF DRUGS means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. § 812). Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act (21 U.S.C.A. §§ 801 et seq.) or other provisions of federal law.
(2) Drugs. The term DRUG means a controlled substance, as defined in schedules I through V of § 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 42 U.S.C. § 2000e, or its successor statute.
QUALIFIED INDIVIDUAL WITH A DISABILITY. 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. 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. Heterosexuality, homosexuality or bisexuality or being identified with such orientation.
TRANSGENDER. A person who experiences and/or expresses their gender differently from conventional or cultural expectations including, but not limited to, those who express a gender that does not match the sex listed on their original birth certificate or who physically alter their sex.
UNDUE HARDSHIP.
(1) In general the term
UNDUE HARDSHIP means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subsection (2) of this definition.
(2) Factors to be considered in determining whether an accommodation would impose an undue hardship on a covered entity 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.
(1964 Code, § 13A-21) (Ord. 7278, § 1, passed 12-22-1975; Ord. 7400, § 1, passed 8-9-1976; 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. 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)