HomeMy WebLinkAbout020838 ORD - 11/28/1989AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 24,
HUMAN RELATIONS, ARTICLES I-IV, SECTIONS
1-69; PROVIDING FOR SEVERANCE; AND PROVIDING
FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances Chapter 24,
Human Relations, Articles I-IV, Sections 1-69 be deleted in its
entirety and then amended to read as follows:
CHAPTER 24
HUMAN RELATIONS
Art. I. In General, §§ 24-1 thru 24-19
Art. II. Discrimination In Places of Public Accommodation,
§§24-20 thru 24-29
Art. III. Discrimination In Housing, §§24-30 thru 24-49
Art. IV. Discrimination In Employment, §§24-50 thru 24-69
ARTICLE I. IN GENERAL
Sec. 24-1. Definitions.
For the purposes of Chapter 24, Human Relations, the follow-
ing words and phrases shall have the following meanings:
(a) ADMINISTRATOR: The individual designated Director of
Human Relations by the City Manager of the City of Corpus
Christi.
(b) CITY: The City of Corpus Christi, a municipal corpora-
tion and a home rule City.
(c) CHAPTER: Shall mean Chapter 24 HUMAN RELATIONS
Sections 24-1 et seq. of the Code of Ordinances of the City of
Corpus Christi, as amended.
(d) COMMISSION: The Corpus Christi Human Relations
Commission as established pursuant to Section 24-2 herein.
(e) PERSON: Includes one or more individuals, corpora-
tions, partnerships, associations, labor organizations, legal
representatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in bankruptcy,
89AT014.003.dv
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;. AICROFt1 ED
receivers, fiduciaries, and any other organization or entity of
whatever character.
Sec. 24-2. Human Relations Commission --Established; Composition;
Appointment, Term and Compensation of Members; Filling Vacancies.
(a) There is hereby established the "Corpus Christi Human
Relations Commission." Said Commission shall consist of twelve
(12) members appointed by the Mayor with the approval of the City
Council. Three (3) of these twelve (12) members will each serve
a term of one year, unstaggered, and shall be not more than
twenty (20) years of age at time of appointment. The members
shall be broadly representative of the total community, drawn
from various racial, religious, ethnic, or other groups. The
Commission shall also have a thirteenth member, the Director of
the Coastal Bend Legal Services or a designated member of his/her
staff.
(b) The members of the Commission shall serve without
compensation. Members of such Commission, exclusive of those
members whose terms are provided in the above paragraph, and the
member of the staff of the Coastal Bend Legal Services, shall
serve staggered terms of three (3) years. Initial appointment
of three (3) of the members shall be for one (1) year, three (3)
of the members for two (2) years, and three (3) of the members
for three (3) years. The thirteenth member, the representative
from the Coastal Bend Legal Services, shall serve continuously
and shall not be subject to the appointment required under this
section.
Sec. 24-3. Organization of Commission.
(a) The Chair of the Commission shall be designated by the
Mayor and his/her term of office fixed at the time of the initial
appointment. Thereafter, the Mayor shall designate the Chair at
the expiration of the term as Chair or sooner if the position of
Chair shall become vacant. The Commission shall annually elect
at its first meeting in July a Vice -Chair from among its members.
In the event of the death or resignation of any member of the
Commission, a successor shall be appointed by the Mayor, with the
approval of the City Council, for the remaining term of the
vacant position. If some member already on the Commission is
appointed as Chair, the balance of his/her term shall be filled
by appointment.
(b) The Commission shall keep minutes of its meetings and
activities and furnish copies of said minutes to the Mayor and
City Council within fifteen (15) days of the meeting or activity.
The Commission may promulgate, subject to approval by the City
Council, Rules of Procedure for proceedings by the Administrator
and before the Commission. The Administrator shall provide the
necessary administrative and clerical support so that the
Commission can expeditiously carry out its duties.
89AT014.003.dv 2
Sec. 24-4. Commission Duties.
(a) The Commission shall study problems of group relations
within the City and advise and cooperate with the Mayor, City
Council, City Manager, and all City boards and commissions with
relation to any such problems. The Commission shall make its
reports and recommendations to the Mayor and City Council, City
Manager and City boards and commissions for the betterment of
intergroup relationships within the community or for the handling
of any specific problem.
(b) The Commission is further authorized to:
(1) Devise and recommend to the Mayor and City Council
ways and means to discourage and combat prejudice,
intolerance and bigotry in all groups and in their relations
with one another.
(2) Discover all practices and policies calculated to
create conflicts and tensions, and recommend to the Mayor
and City Council ways and means for their elimination.
(3) Report and recommend to the Mayor and City Council
means of eliminating any unfair or unjust discrimination
against any person or group which would be deemed
detrimental to the best interests of the community.
(4) Inform and warn the public of rumors and mislead-
ing information detrimental to the purposes of the
Commission.
(5) Originate, receive, hear and investigate
complaints of discrimination by or against any person or
group, and report its findings to the Mayor and City
Council.
(6) Receive, hear and investigate complaints referred
by the Administrator in accordance with this Chapter and
Rules and Procedure promulagted by the Commission, and
report its findings and recommendations as required and
directed by this Chapter.
(7) Investigate, acting through the Administrator, all
complaints received regarding failure of a contractor or
potential contractor to be an equal opportunity employer as
required by the general conditions of the bid specifications
of the City. The report of its findings shall be submitted
to the City Manager, City Secretary and Director of Finance.
The Commission shall keep an active file on any complaint
wherein it finds that the charge has some basis and shall,
through its Administrator, work with the contractor involved
to the end that the Commission can satisfy itself that the
basis for the charge has been eliminated. The Commission
shall file with each party receiving a copy of its initial
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report such supplemental reports of its findings as may be
indicated until the file is closed.
Sec. 24-5. Continuing Program for the Promotion of Better
Relations and Interagency Cooperation:
As part of its continuing program it shall be the duty of
the Commission to:
(a) Cooperate with federal, state and City agencies,
citizens, citizens' organizations, school districts and parochial
and private schools in formulating and developing plans, pro-
cedures, methods and educational programs to stimulate the
interest of the entire population in accomplishing the objectives
of the Commission.
(b) Enlist the cooperation of all racial, religious, educa-
tional, community, civic, labor, fraternal, benevolent, govern-
mental and other constructive community forces and talents that
would be helpful in discharging its duties.
(c) Conduct voluntary surveys, assemble pertinent data,
confer with any and all groups, and hold hearings to expedite the
work of the Commission.
(d) Endeavor by education to induce public and private
employers, labor and professional organizations and employment
agencies to institute nondiscriminatory practices in employment,
union membership, promotion, wages, working conditions, layoffs
and job opportunities.
Sec. 24-6. Committees; Consultation.
The Chair of the Commission shall have authority to appoint
committees consisting only of Commission members. The authority
of each committee shall be restricted to specific assignments set
forth by the Commission and such authority shall terminate upon a
final report and recommendation to the full Commission. The
Chair, with the advice and consent of the Commission, may call
upon individuals from throughout the community to assist the
Commission or its committees in the investigation of any matter
being considered by the Commission.
Sec. 24-7. Subpoena Powers.
(a) In connection with any complaint filed under Chapter
24, the Administrator or an investigator on his/her staff may at
any reasonable time request access to premises, witnesses,
records and documents relevant to a complaint. If such request
is denied, the Administrator shall report such denial to the
Commission and the Commission may, in its discretion, issue a
subpoena to compel access to such witnesses or items. If any
party fails to comply with a subpoena issued by the Commission,
the Commission may request the City Attorney to initiate legal
89AT014.003.dv 4
proceedings in District Court to enforce compliance with the
subpoena.
(b) In connection with any complaint filed under Chapter
24, the Commission may request and, if necessary, compel by
subpoena, the attendance of necessary witnesses for examination
under oath or affirmation and the production, for inspection and
copying, of records, documents and other evidence relevant to the
investigation of complaints filed under Chapter 24. If any party
fails to comply with a subpoena issued by the Commission, the
Commission may request the City Attorney to initiate legal
proceedings in an appropriate judicial forum to enforce
compliance with the subpoena.
Secs. 24-8 thru 24-19. Reserved.
ARTICLE II. DISCRIMINATION IN PLACES
OF PUBLIC ACCOMMODATION
Sec. 24-20. Definitions.
For purposes of this Article II Discrimination in Places of
Public Accommodation, the following words shall have the follow-
ing meanings:
(a) DISABLED PERSON: means a person who has a mental or
physical handicap, including but not limited to mental
retardation, hardness of hearing, deafness, speech impairment,
visual disability, being crippled, or any other health impairment
which requires special ambulatory devices or services.
(b) PLACE OF PUBLIC ACCOMMODATION: means 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 but not be limited to all other places of public
accommodation, amusement, convenience, or resort to which the
general public or any classification of persons from the general
public is regularly, normally, or customarily invited.
(c) PUBLIC FACILITIES: includes streets, highways, side-
walks, walkways, all common carriers, airplanes, motor vehicles,
railroad trains, motor buses, streetcars, boats, or any other
public conveyances or modes of transportation, hotels, motels, or
other places of lodging, public buildings maintained by any unit
or subdivision of government, buildings to which the general
public is invited, college dormitories and other educational
facilities, restaurants or other places where food is offered for
sale to the public, and all other places of public accommodation,
amusement, convenience, or resort to which the general public or
any classification of persons from the general public is regular-
ly, normally, or customarily invited.
89AT014.003.dv 5
Sec. 24-21. Policy.
It is the policy of the City to encourage and enable mental-
ly or physically disabled persons and all other persons
regardless of race, color, national origin, sex, age, or religion
to participate fully in the social and economic life of the City,
to achieve maximum personal independence, to become gainfully
employed, and to otherwise fully enjoy and use all public facili-
ties available within the City.
Sec. 24-22. Discrimination Prohibited.
(a) Subject only to limitations and conditions established
by law and applicable to all persons, persons who are mentally or
physically disabled have the same right as those who are not
disabled to the full use and enjoyment of any public facility and
place of public accommodation in the City as set forth pursuant
to Chapter 121, "Participation in Social and Economic Activities"
of Title 8 of the Human Resources Code, as amended, of the State
of Texas.
(b) It shall be unlawful for any person or any employee or
agent thereof, within the City, to withhold from or deny any
person, because of race, color, sex, religion, age, or national
origin, any public facility or any of the advantages, facilities
or services offered to the general public by a place of public
accommodation.
Sec. 24-23. Civil remedies available to persons subject to
discrimination.
This Article shall neither add to nor detract from any civil
remedies now available or which may become available to persons
subject to discrimination on the basis of race, color, sex, age,
national origin or disability.
Sec. 24-24. Inapplicability of Article II.
Except as may otherwise be provided or required by Federal
or State law, Section 24-22(b) shall not apply to:
(a) Any hotel, motel, restaurant or place of amusement
which is operated as a bona fide private club if the facilities
and services are restricted to members of such club and their
invited guests.
(b) Any bona fide social, fraternal, education, civic,
political or religious organization if the profits from any
facilities or services defined above are used solely for the
benefit of such organization.
(c) Any hotel or motel located within a building which
contains less than six (6) rooms for rent or hire and which is
also actually occupied by the proprietor as his/her residence.
89AT014.003.dv 6
Sec. 24-25. Penalty for violation of Article II.
Except for violation of Section 24-22(a), any person violat-
ing any provision of this Article shall be punished by fine of no
less than one hundred dollars ($100.00) nor more than the maximum
provided in Section 1-6 of the Code of Ordinances of the City of
Corpus Christi "City Code"). Violations of Section 24-22(a) of
this Article shall be forwarded to the appropriate governmental
body to enforce and punish such conduct to the extent and manner
prescribed by State law.
Secs. 24-26 thru 24-29. Reserved.
ARTICLE III. DISCRIMINATION
IN HOUSING
Sec. 24-30. 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, sex, religion, disability, familial status,
or national origin.
(b) It is further declared that this policy is grounded
upon a recognition of the inalienable right of each individual to
provide for himself and his/her family a dwelling according to
his/her own choosing; and further, that the denial of such rights
through considerations based upon race, color, sex, religion,
disability, familial status, or national origin 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 with is within the power and the proper responsibility of
government to prevent.
Sec. 24-31. Definitions: For purposes of Sections 24-30 through
24-49, the following words and phrases shall have the following
meanings:
(a) DISCRIMINATORY HOUSING PRACTICE: An act that is
unlawful under Sections 24-32, 24-33 or 24-34.
(b) DWELLING: Any building, structure, or portion thereof
which is occupied as, or designed and intended for occupancy as,
a residence by one or more families, and any vacant land which is
offered for sale or lease for the construction or location
thereon of any such building, structure or portion thereof.
(c) FAMILIAL STATUS: Means one or more individuals (who
have not attained the age of 18 years) being domiciled with -
(1) a parent or another person having legal custody of
such individual or individuals; or
89AT014.003.dv 7
(2) the designee of such parent or other person having
such custody, with the written permission of such parent or
other person. The protections afforded against discrimina-
tion on the basis of familial status shall apply to any
person who is pregnant or is in the process of securing
legal custody of any individual who has not attained the age
of 18 years.
(d) FAMILY: Includes a single individual.
(e) DISABLED: Means, with respect to a person:
(1) a physical or mental impairment which substantial-
ly limits one or more of such person's major life
activities,
(2) a record of having such an impairment, or
(3) 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 in section
102 of the Controlled Substances Act (21 U.S.C. 802).
(f) TO RENT: Includes to lease, to sublease, to let and
otherwise to grant for a consideration the right to occupy
premises not owned by the occupant.
Sec. 24-32. Discrimination in the sale or rental of housing.
Except as exempted by section 24-34, it shall be unlawful for any
person:
(a) To refuse to sell or rent after the making of a bona
fide offer, or to refuse to negotiate for the sale or rental of,
or otherwise make unavailable or deny, a dwelling to any person
because of race, color, sex, religion, disability, familial
status, or national origin.
(b) To discriminate against any person in the terms, condi-
tions or privileges of sale or rental of a dwelling, or in the
provision of services or facilities in connection therewith,
because of race, color, sex, religion, disability, familial
status, or national origin.
(c) To 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, sex, religion,
disability, familial status, or national origin, or an intention
to make any such preference, limitation or discrimination.
(d) To represent to any person because of race, color, sex,
religion, disability, familial status, or national origin that
89AT014.003.dv 8
any dwelling is not available for inspection, sale or rental when
such dwelling is in fact so available.
(e) For profit, or with the hope or expectation of profit,
to induce or attempt to induce any person to sell or rent any
dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a parti-
cular race, color, sex, religion, disability, familial status, or
national origin.
Sec. 24-33. Discrimination in the financing of housing.
It shall be unlawful for any bank, building and loan asso-
ciation, insurance company or other corporation, association,
firm or enterprise whose business consists in whole or in part in
the making of commercial real estate loans, to deny a loan or
other financial assistance to a person applying therefor for the
purpose of purchasing, constructing, improving, repairing or
maintaining a dwelling, or to discriminate against him/her in the
fixing of the amount, interest rate, duration or other terms or
conditions of such loan or other financial assistance, because of
the race, color, sex, religion, disability, familial status, or
national origin of such person or of any person associated with
him/her in connection with such loan or other financial assist-
ance or the purposes of such loan or other financial assistance,
or of the present or prospective owners, lessees, tenants or
occupants of the dwelling or dwellings in relation to which such
loan or other financial assistance is to be made or given.
Sec. 24-34. Discrimination in the provision of brokerage
services.
It shall be unlawful to deny any person access to or member-
ship or participation in any multiple listing service, real
estate brokers organization or other service, organization or
facility relating to the business of selling or renting dwell-
ings, or to discriminate against him/her in the terms or condi-
tions of such access, membership or participation, on account of
race, color, sex, religion, disability, familial status, or
national origin.
Sec. 24-35. Exemptions and exclusions.
(a)
24-32:
There shall be exempted from the application of Section
(1) Any single-family house sold or rented by
owner: Provided, that such private individual owner
own more than three (3) such single-family houses,
located, at any one time; provided further, that in
of the sale of any such single-family house by a
individual owner not residing in such house at the
such sale or who was not the most recent resident
89AT014.003.dv 9
an
does not
wherever
the case
private
time of
of such
house prior to such sale, the exemption granted by this
subsection shall apply only with respect to one such sale
within any twenty-four (24) month period; provided further,
that such bona fide private individual owner does not own any
interest in nor is there owned or reserved on his/her behalf,
under any express or voluntary agreement, title to or any right
to all or a portion of the proceeds from the sale or rental of,
more than three (3) such single-family houses at any one time;
provided further, the sale or rental of any such single-family
house shall be excepted from such application only if such house
is sold or rented:
(a) Without the use in any manner of the sales or
rental facilities or the sales or rental services of
any real estate broker, agent or salesman, or of such
facilities or services of any person in the business of
selling or renting dwellings, or of any employee or
agent of any such broker, agent, salesman or person;
and
(b) Without the publication, posting or mailing
of any advertisement or written notice in violation of
Section 24-32(c); but nothing in this provision shall
prohibit the use of attorneys, escrow agents, abstract-
ers, title companies, and other such professional
assistance as necessary to perfect or transfer the
title;
(2) The rental of rooms or units in dwellings contain-
ing living quarters occupied or intended to be occupied by
no more than four (4) families living independently of each
other if the owner actually maintains and occupies one of
such living quarters as his/her residence.
(b) Nothing in this ordinance regarding familial status
shall apply with respect to housing for older persons.
(1) As used in this section, "housing for older
persons" means housing:
(A) provided under any State or Federal program
specifically designed and operated to assist elderly
persons (as defined in the State or Federal program);
or
(B) intended for, and solely occupied by, persons
62 years of age or older; or
(C) intended and operated for occupancy by at
least one person 55 years of age or older per unit.
Regulations promulgated under the Fair Housing Amend-
ments Act of 1988 shall apply in determining whether
89AT014.003.dv 10
housing qualified as housing for older persons under
this subsection.
(2) Housing shall not fail to meet the requirements
for housing for older persons by reason of:
(A) persons residing in such housing as of the
date of enactment of this Act who do not meet the age
requirements of subsections (1)(B) or (1)(C); pro-
vided, that new occupants of such housing meet the age
requirements of subsections (1)(B) or (1)(C); or
(B) unoccupied units: Provided, That such units
are reserved for occupancy by persons who meet the age
requirements of subsections (1)(B) or (1)(C).
(3) Nothing in this Article prohibits conduct against
a person because such person has been convicted by any court
of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section
102 of the Controlled Substances Act (21 U.S.C. 802).
(c) Nothing in this Article shall prohibit a religious
organization, association or society or any nonprofit institution
or organization operated, supervised or controlled by or in
conjunction with a religious organization, association, or
society, from limiting the sale, rental or occupancy of dwellings
which it owns or operates for other than a commercial purpose to
persons of the same religion or from giving preference to such
persons, unless membership in such religion is restricted on
account of race, color, sex, disability, familial status, or
national origin.
(d) Nothing in this Article shall prohibit a private club
not in fact open to the public, which as an incident to its
primary purpose or purposes provides lodgings which it owns or
operates for other than a commercial purpose, from limiting the
rental or occupancy of such lodgings to its members.
Sec. 24-36. Legal Proceedings.
(a) Upon certification by the Administrator pursuant to the
direction of the Commission, the City Attorney shall institute a
charge in Municipal Court and prosecute the same to final con-
clusion.
(b) The Certification to the City Attorney and the actions
to be taken by the City Attorney shall be cumulative of all other
remedies and procedures for the effectuation and enforcement of
this Article and the prosecution of alleged violators of this
Article.
89AT014.003.dv 11
Sec. 24-37. Cooperation with Secretary of Housing and Urban
Development.
The Commission and the Administrator are authorized and
encouraged to cooperate with the Secretary for Housing and Urban
Development pursuant to the provisions of Title VIII --Fair
Housing Act of 1968, Public Law 90--284, as amended, and may
render such service to the Secretary as they shall deem appro-
priate to further the policies of this Article and may accept
reimbursement from the Secretary for services rendered to assist
the Secretary in carrying out the provisions of the above cited
federal law. In furtherance of such cooperative efforts, the
Administrator may enter into written agreements with the
Secretary of Housing and Urban Development.
Sec. 24-38. Unlawful intimidation.
It shall be unlawful for any person, whether or not acting
under color of law, by force or threat of force to willfully
injure, intimidate, or interfere with, or attempt to injure,
intimidate or interfere with:
a) Any person because of his/her race, color, sex, reli-
gion, disability, familial status, or national origin and because
he/she is or has been selling, purchasing, renting, financing,
occupying or contracting or negotiating for the sale, purchase,
rental, financing or occupation of any dwelling, or applying for
or participating in any service, organization or facility relat-
ing to the business of selling or renting dwellings; or
(b) Any person because he/she is or has been, or in order
to intimidate such person or any other person or class of persons
from:
(1) Participating, without discrimination on account
of race, color, sex, religion, disability, familial status,
or national origin, in any of the activities, services,
organizations or facilities described in subsection (a); or
(2) Affording another person or class of persons
opportunity or protection so to participate; or
(c) Any person because he/she is or has been or in order to
discourage such person or any other person from lawfully aiding
or encouraging other persons to participate, without discrimina-
tion on account of race, color, sex, religion, disability,
familial status, or national origin, in any of the activities,
services, organizations or facilities described in subsection
(a), or participating lawfully in speech or peaceable assembly
opposing any denial of the opportunity so to participate.
89AT014.003.dv 12
Sec. 24-39. Penalty.
Any person, firm or corporation, violating the terms and
provisions of this Article shall be fined as punished by a fine
of no less than one hundred dollars ($100.00) nor more than the
maximum provided in Section 1-6 of the Code of Ordinances of the
City of Corpus Christi.
Sec. 24-40 thru 24-49. Reserved.
ARTICLE IV. DISCRIMINATION IN EMPLOYMENT
Sec. 24-50. Declaration of policy.
(a) It is hereby declared to be the policy of the City of
Corpus Christi to bring about through fair, orderly and lawful
procedures, the opportunity for each person to obtain employment
without regard to race, color, religion, sex, national origin,
disability, or age as set forth by the Commission on Human Rights
Act.
(b) It is further declared that this policy is grounded
upon a recognition of the inalienable rights of each individual
to work to earn wages and obtain a share of the wealth of this
City through gainful employment; and further that the denial of
such rights through considerations based upon race, color,
religion, sex, national origin, disability, or age is detrimental
to the health, safety and welfare of the inhabitants of the City
of Corpus Christi and constitutes an unjust denial or deprivation
of such inalienable rights which is within the power and the
proper responsibility of government to prevent.
Sec. 24-51. Definitions.
For purposes of this Article the following terms shall have
the following meanings:
(a) BECAUSE OF AGE or ON THE BASIS OF AGE: Refers only to
discrimination because of age or on the basis of age against an
individual 40 years of age or older as defined by the Texas
Commission on Human Rights Act, as amended.
(b) BECAUSE OF DISABILITY or ON THE BASIS OF DISABILITY:
In Section 24-52 refers to discrimination because of or on the
basis of a physical or mental condition that does not impair an
individual's ability to reasonably perform a job.
(c) BECAUSE OF SEX or ON THE BASIS OF SEX: Includes but is
not limited to discrimination because of or on the basis of
pregnancy, childbirth, or related medical conditions. Women
affected by pregnancy, childbirth, or related medical conditions
shall be treated the same for all employment-related purposes,
including receipt of benefits under fringe benefit programs, as
89AT014.003.dv 13
other individuals not so affected but similar in their ability or
inability to work.
(d) BONA FIDE OCCUPATIONAL QUALIFICATION: Means a quali-
fication that is reasonably related to the satisfactory perfor-
mance of the duties of a job and for which there is a factual
basis for believing that a person of the excluded group would be
unable to perform satisfactorily the duties of the job with
safety or efficiency.
(e) EMPLOYEE: Means an individual employed by an employer
including employees subject to the civil service laws of a state
government, governmental agency or political subdivision; except
that "employee" shall not include any person elected to public
office in any state or political subdivision of any state by the
qualified voters thereof, or any person chosen by such officer to
be on such officer's personal staff, or an appointee on the
policymaking level or an immediate advisor with respect to the
exercise of the constitutional or legal powers of public office.
(f) 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 a
person.
(g) EMPLOYMENT: Shall not include the employment of
individuals in domestic service.
(h) EMPLOYMENT AGENCY: Shall mean any person regularly
undertaking with or without compensation to procure employees for
an employer or to procure for employees opportunities to work for
an employer and includes an agent of such a person.
(i) DISABILITY: Means a mental or physical impairment that
substantially limits at least one major life activity or a record
of such a mental or physical impairment. The term does not
include:
(1) a person with a current condition of addiction to
the use of alcohol or any drug or illegal or federally
controlled substance; or
(2) a person with a currently communicable disease or
infection including but not limited to acquired immune
deficiency syndrome or infection with the human
immunodeficiency virus, that constitutes a direct threat to
the health or safety of other persons or that makes the
affected person unable to perform the duties of the person's
employment.
(j) DISABLED: means having a disability.
89AT014.003.dv 14
(k) LABOR ORGANIZATION: Means a labor organization and any
agent of such an organization, and includes any organization of
any kind, any agency, or employee representation committee,
group, association, or plan so engaged in which employees
participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours, or other terms or
conditions of employment; and any conference, general committee,
joint or system board, or joint Council so engaged which is
subordinate to a national or international labor organization.
(1) NATIONAL ORIGIN: Includes the national origin of an
ancestor.
(m) RELIGION: Means all aspects of religious observance
and practice, as well as belief, unless an employer demonstrates
that he/she is unable reasonably to accommodate the religious
observance or practice of an employee or applicant without undue
hardship on the conduct of the employer's business.
Sec. 24-52. Discrimination in employment; prohibited and
permitted acts.
(a) It shall be an unlawful employment practice for an
employer:
(1) To fail or refuse to hire or to discharge an
individual, or otherwise to discriminate against an indivi-
dual with respect to compensation, terms, conditions, or
privileges of employment, because of race, color,
disability, religion, sex, national origin or age; or
(2) To limit, segregate, or classify an employee or
applicant for employment in a way which would deprive or
tend to deprive an individual of employment opportunities or
otherwise adversely affect the status of an employee,
because of race, color, disability, religion, sex, national
origin or age.
(b) It shall be an unlawful employment practice for an
employment agency to fail or refuse to refer for employment, or
otherwise to discriminate against, an individual because of race,
color, religion, disability, sex, national origin, or age, or to
classify or refer for employment an individual on the basis of
race, color, disability, religion, sex, age or national origin.
(c) It shall be an unlawful employment practice for a labor
organization:
(1) To exclude or to expel from its membership, or
otherwise to discriminate against, any individual because of
his/her race, color, disability, religion, sex, age or
national origin;
89AT014.003.dv 15
(2) To limit, segregate, or classify its membership,
or applicants for membership or to classify or fail or
refuse to refer for employment an individual, in any way
which would deprive or tend to deprive an individual of
employment opportunities, or would limit such employment
opportunities or otherwise adversely affect an employee or
an applicant for employment, because of race, color,
religion, sex, disability, age, or national origin; or
(3) To cause or attempt to cause an employer to dis-
criminate against an individual in violation of this
section.
(d) It shall be an unlawful employment practice for an
employer, labor organization, or joint labor-management committee
controlling apprenticeship or other training or retraining,
including on-the-job training programs, to discriminate against
any individual because of his/her race, color, religion, sex,
age, disability, or national origin in admission to, or
employment in, any program established to provide apprenticeship
or other training or retraining opportunities.
(e) Notwithstanding any other provision of this Article it
shall not be an unlawful employment practice:
(1) For an employer to hire and employ employees, for
an 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/her
disability, religion, sex, national origin or age in those
certain instances where disability, religion, sex, national
origin or age is a bona fide occupational qualification
reasonably necessary to the normal operation of that parti-
cular business or enterprise, and
(2) For an educational organization operated, super-
vised, or controlled in whole or in substantial part, by a
religious corporation, association, or society to limit
employment or give preference to members of the same
religion.
(3) For an employer to apply different standards of
compensation, or different terms, conditions, or privileges
of employment under a bona fide seniority system, bona fide
merit system, or a bona fide employee benefit plan such as a
retirement, pension, or insurance plan, which is not a
subterfuge to evade this Article, or under a system which
measures earnings by quantity or quality of production, if
those different standards are not discriminatory on the
89AT014.003.dv 16
basis of race, color, disability, religion, sex, national
origin or age.
(4) For an employer to apply to employees who work in
different locations, different standards of compensation, or
different terms, conditions, or privileges of employment if
those different standards are not discriminatory on the
basis of race, color, disability, religion, sex, national
origin, or age;
(5) For an employer to impose minimum or maximum age
requirements for peace officers or firefighters.
(f) It shall be an unlawful employment practice for an
employer, labor organization, employment agency, or joint labor-
management committee controlling apprenticeship or other training
or retraining, including on-the-job training programs, to print
or publish or cause to be printed or published a notice or
advertisement relating to employment by such an employer or
membership in or any classification or referral for employment by
such a labor organization, or relating to any classification or
referral for employment by such an employment agency, or relating
to admission to, or employment in, any program established to
provide apprenticeship or other training by such a joint labor-
management committee indicating a preference, limitation, speci-
fication, or discrimination, based on disability, religion, sex,
national origin or age, unless disability, religion, sex,
national origin or age is a bona fide occupational qualification
for employment.
(g) It shall be an unlawful employment practice for an
employer to discriminate against any of his/her employees or
applicants for employment, for an employment agency, or joint
labor-management committee controlling apprenticeship or other
training or retraining, including on-the-job training programs,
to discriminate against any individual, or for a labor organiza-
tion to discriminate against any member thereof or applicant for
membership, because he/she has opposed any practice made an
unlawful employment practice by this Article, or because he/she
has made a charge, testified, assisted, or participated in any
manner in an investigation, proceeding, or hearing under this
Article.
(h) It shall be unlawful for any person, whether or not an
employer, employment agency or labor organization, to aid,
incite, compel, coerce, or participate in the doing of any act
declared to be an unlawful employment practice by this Article,
or to obstruct or prevent any person from enforcing or complying
with the provisions of this Article or any rule, regulation or
order of the Commission, or to attempt directly or indirectly to
commit any act declared by this Article to be an unlawful employ-
ment practice.
89AT014.003.dv 17
(i) Nothing contained in this Article shall be interpreted
to require any employer, employment agency, labor organization,
or joint labor-management committee subject to this Article to
grant preferential treatment to any individual or to any group
because of the race, color, disability, religion, sex, national
origin, or age of that individual or group because an imbalance
exists between the total number or percentage of persons of that
individual's or group's race, color, disability, religion, sex,
national origin, or age employed by an employer, referred or
classified for employment by an employment agency or labor
organization, admitted to membership or classified by an labor
organization, or admitted to, or employed in any apprenticeship,
on-the-job or other training or retraining program, and the
discriminatory practice for a person subject to this Article to
adopt total number or percentage of persons of that race, color,
disability, religion, sex, national origin, or age within the
City, or in the available work force within the City. However,
it is not a discriminatory practice for a person subject to this
Article to adopt and carry out an affirmative action plan to
eliminate or reduce imbalance with respect to race, color,
disability, religion, sex, national origin, or age if the plan
has been filed with the Commission or any other appropriate
agency.
Sec. 24-53. Enforcement.
(a) The powers exercised by the City, the Commission, its
officers and employees, except those based on the laws of the
State of Texas and the City Charter, are derived by virtue of
contract with the Equal Employment Opportunity Commission. In
connection with any investigation of a charge filed under this
ordinance, the Commission or its designated representative shall
at all reasonable times have access to, for the purposes of
examination, and the right to copy any evidence of any person
being investigated or proceeded against that relates to unlawful
employment practices covered by this Article and is relevant to
the charge under investigation.
(b) Every employer, employment agency, and labor organiza-
tion subject to this Article shall:
(1) Make and keep such records relevant to the deter-
minations of whether unlawful employment practices have been
or are being committed;
(2) Preserve such records for such periods; and,
(3) Make such reports therefrom as the Commission
shall prescribe by regulation or order, after public hear-
ing, as reasonable, necessary, or appropriate for the
enforcement of this Article or the regulations or orders
thereunder.
89AT014.003.dv 18
(c) In prescribing requirements pursuant to Subsection (b)
of this Section, the Commission shall consult with other
interested state and federal agencies and shall endeavor to
coordinate its requirements with those adopted by such agencies.
(d) In any case in which an employer, employment agency, or
labor organization fails to comply with the Commission's request
for inspection of records during investigation, the Commission
will refer the complaint to the appropriate office of the Equal
Employment Opportunity Commission.
(e) The administrator may conduct a Conciliation Conference
in accordance with the Commission's Rules of Procedure, in an
attempt to effect a conciliation or resolution of a complaint
under this Article IV. Such conference and any action taken by
the Administrator as a result of the conference shall be in
accordance with the provisions of Title VII of the Civil Rights
Act of 1964.
(f) In the event the respondent fails or refuses to comply
with any order of the Commission or violates any of the provi-
sions of this Article, the Commission shall certify the case and
the entire record of its proceedings to the City Attorney who
shall invoke the aid of an appropriate court or governmental body
to secure enforcement or compliance with the order or to impose
the penalties as prescribed by law.
Sec. 24-54 thru 24-69 Reserved.
SECTION 2. If for any reason any section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance
shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other
section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect
for its purpose.
SECTION 3. Publication shall be made one time in the
official publication of the City of Corpus Christi by publishing
the caption stating in substance the purpose of the ordinance to
become effective upon such publication.
89AT014.003.dv 19
That the foregoing ordinance
second reading on this the
following vote:
Betty N. Turner
David Berlanga, Sr. (?( x
Leo Guerrero (( it
Tom Hunt ' /( 1
was read for the first time
4 day of t, t(, fly(((
That the foregoing ordinance was read
third reading on this the 421 day
following vote: 0,/,1
!
Betty N. Turner L{/ 1 ,
David Berlanga, Sr..Yik>
Leo Guerrero (//&
Tom Hunt
That the foregoing
this the 2 day
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
for the second time
of L Ot ,Q, VC
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
and p sed to its
, 19i , by the
'7
L
and passed to its
, 19 , by the
ordinance was read for th�� ,third time and passed finally on
of / , 19 , by the following vote:
PASSED AND APPROVED, this
ATTEST:
City Secretary
the
AJPROVED:
' DAY OF 1/U.l41/4¢1 , 19:
HAL GEORGE, CITY ATTORNEY
By
Asrrnt City Attorney
99.044.01
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
day of
11 : .
19
sy
Rti!
AYOrbc
THE CITY OF CORPUS CHRISTI, TEXAS
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