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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 1 ;. 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 89AT014.003.dv 3 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 `'�.y8't 3 ;bi m 7 r a: �` 'Cr 17 `+l F•. U . Hr^- T n Cr r -q a 7 n yi L-150 Yf� % £ ;l 9 0 T z=ter+: n in ki N n: ,T ,; : ^� 1. r 4, q, rt FJ 0 = - ?- J a +. --f V' f y 1 rli ,D ;D " i 0 -I J .. rt r f ` ::-4,7'13 f ilpN < i O O T b : m + r -i 'u ertp -13 r_4 = �' f- v r -F, rt. ;b- ,,:a , --- # H __ ._L rD 1.g. 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