Ord 004-83 1/4/1983 ORDINANCE NO. fr.3
ORDINANCE PROHIBITING DISCRIMINATION IN EMPLOYMENT
PRACTICES, AND PROVIDING AN ADMINISTRATIVE PROCEDURE
FOR THE HANDLING OF COMPLAINTS CONCERNING SUCH PRACTICES .
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
DISCRIMINATION IN EMPLOYMENT PRACTICES
Section 1 . Declaration of Policy .
A. It is hereby declared to be the policy of the City of
Wichita Falls to bring about through fair, orderly, and lawful pro-
cedures, the opportunity for each person to obtain employment without
regard to race, color, religion, sex, national origin, age, or
physical or mental handicap.
B . It is further declared that this policy is established
under the 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, age, or physical or mental handicap is detrimental
to the health, safety, and welfare of the inhabitants of the City
of Wichita Falls and constitutes an unjust denial or deprivation of
such inalienable rights which is within the power and the proper
responsibility of government to prevent .
Section 2 . General Definitions .
A. "Administrator" means the Administrator of the Human
Relations Commission or authorized assistant.
B. "Commission" means the City of Wichita Falls Human Relations
Commission.
C . "Employee" means an individual employed by an employer
except that the term "employee" shall not include any person elected
to public office in this state, or political subdivision of this
state by the qualified voters thereof .
D. "Employer" or "general contractor" means a person who has
fifteen (15) or more employees for each working day in each of
twenty (20) or more calendar weeks in the current or preceeding
calendar year, and any agent of such a person.
E. "Employment agency" means 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.
F. "Handicapped person" means a person who has a physical or
mental impairment which substantially limits one or more of such
person's major life activities , has a record of such an impairment
or is regarded as having such an impairment.
G. "Labor organization" means an organization, agency or
employee representation committee, group or association in which
employees participate and which exist for the purpose, in whole or
in part, of dealing with employers concerning grievances, labor
disputes, wages, rate of pay, hours or other terms or conditions
of employment.
H. "Person" includes one or more individuals , labor unions ,
partnerships, joint ventures, associations, corporations, legal
representatives, mutual companies , joint stock companies , trusts,
unincorporated organizations, trustees, trustees in bankruptcy or
receivors , or any other legal or commercial entity .
I . "Religion" includes all aspects of religious observance
and practice, as well as belief, unless an employer demonstrates that
he is unable to reasonably accommodate an employee 's or prospective
employee 's religious observance or practice without undue hardship
on the conduct of the employer ' s business .
Section 3 . Prohibitions : Unlawful Employment Practices .
A. It shall be unlawful for employers:
(1) To fail or refuse to hire, to discharge an individual,
or otherwise to discriminate against an individual with respect to
compensation, terms , conditions, privileges or responsibilities of
employment, because of race, color, religion, sex, national origin,
age, or physical or mental handicap .
(2) To limit, segregate or classify an employee or applicant
for employment 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, religion, sex, national
origin, age, or physical or mental handicap.
(3) To cause or attempt to cause an employer to discriminate
against an individual in violation of this section.
B. It shall be unlawful for an employment agency to fail or
refuse to refer for employment or otherwise to discriminate against
any individual because of his age, race, color, religion, sex or
national origin, or to classify or refer for employment any individual
on the basis of his age, race, color, religion, sex, national origin,
or physical or mental handicap.
C. It shall be unlawful for any 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 becuase of race, color,
religion, sex, national origin, age or handicap in admission to, or
employment in, any program established to provide apprenticeship or
other training.
D. It shall be unlawful for an employer to discriminate
against any of his 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 organization to discriminate against any member thereof
or applicant for membership, because he has opposed any practice made
unlawful by this article, or because he has made a charge, testified,
assisted, or participated in any manner in an investigation, pro-
ceeding, or hearing under this article .
E. It shall be unlawful for an employer, labor organization,
employment agency, or joint-management committee controlling appren-
ticeship or other training, or retraining, including on-the-job
training programs, to print or publish or cause to be printed or
published any notice or advertisement relating to employment by such
an employer or membership in or any classification or referral for
employment by such labor organization or relating to any classification
or referral for employment by such an employment agency indicating
any preference, limitation, specification, or discrimination, based
on race, color, religion, sex, national origin, age, or handicap;
but a notice or advertisement may indicate a preference, limitation,
specification, or discrimination based on religion, sex, national
origin, age or handicap when religion, sex, national origin, age,
or handicap is a bona fide occupational qualification for employment.
F. It shall be unlawful for any person to aid, incite, compel,
coerce, intimidate or participate in the doing of any act, declared
to be unlawful by the provisions of this article or to obstruct or
prevent any person from enforcing or complying with the provisions
of this article .
Section 4 . Employment Practices which are not unlawful .
A. It shall not be an unlawful employment practice for an
employer to hire and employ employees, for an employment agency to
classify, or refer for employment any individual, for a labor organi-
zation 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 religion, sex,
national origin, age or handicap in those certain instances where
religion, sex, national origin, age, or handicap is a bona fide
occupational qualification reasonably necessary to the normal
operation of that particular business or enterprise; and,
B. It shall not be an unlawful employment practice for a
school, college, university, or other educational institution or
institution of learning to hire and employ employees of a particular
religion, if such school, college or university or other educational
institution or institution of learning is directed toward the
propagation of a particular religion, if such school, college,
university, or other educational institution, or institution of
learning is , in whole or in part, owned, supported, controlled, or
managed by a particular religion or by a particular religious
corporation, association, or society, or if the curriculum of such
school, college, university, or other educational institution or
institution of learning is directed toward the propagation of
a particular religion.
C . This ordinance shall not apply to a religious corporation,
association, educational institution, or society with respect to the
employment of individuals of a particular religion, to perform work
connected with the carrying on by such corporation, association,
educational institution or society of its activities .
D. Notwithstanding any other provision of this article, it
shall not be unlawful for an employer to apply different standards
of compensation, or different terms , conditions or privilege of
employment pursuant to a bona fide seniority or merit system, or
a system which measures earnings by quantity or quality of production
or to employees who work in different locations , provided that
such differences are not the result of an intention to discriminate
because of race, color, religion, sex, national origin, age, or
physical or mental handicap, nor shall it be unlawful for an employer
to give and to act upon the results of any professionally developed
ability test, provided that such test, its administration or
action upon the results is not designed, intended or used to dis-
criminate because of race, color, religion, sex, national origin,
age, or physical or mental handicap. It shall not be unlawful
under this article for any employer to differentiate upon the
basis of sex in determining the amount of the wages or compensation
paid or to be paid to employees of such employer if such differen-
tiation is authorized by the provisions of Section 6 (d) of the Fair
Labor Standards Act of 1938 , as amended [29 U.S .C . 206 (d) ] .
E. Nothing contained in this article shall be interpreted
to require any employer, employment agency, labor orgnization,
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, religion, sex, national origin, age, or physical
or mental handicap of such individual or group on account of an
imbalance which may exist with respect to the total number or per-
centage of persons of any race, color, religion, sex, national
origin, age, or physical or mental handicap employed by an employer,
referred or classified for employment by an employment agency, or
labor organization, admitted to membership or classified by a
labor organization, or admitted to, or employed in, any apprentice-
ship or other training program, in comparison with the total number
or percentage of persons of such race, color, religion, sex or
national origin in any community, state, section, or other area,
or in the available work force in any community, state, section
or other area.
F . Nothing contained in this article shall be construed to
repeal or modify any federal, state, territorial, or local law
creating special rights or preference for veterans or Indians .
G. Nothing contained in this article shall be construed to
make unlawful discrimination based upon the ages of persons who
are less than forty (40) or more than sixty-five (65) years of
age .
H. Nothing in this article shall be interpreted to make
unlawful discrimination with respect to aliens who entered and
reside in the United States illegally .
Section 5 . Procedure.
Investigation and Conciliation.
The Human Relations Commission of the City of Wichita Falls
is provided as an administrative vehicle for the procedural handling
of complaints concerning any person engaging in an unlawful employ-
ment practice .
A. Whenever a charge is filed with the Commission by a
person claiming to be aggrieved alleging that an employer, employ-
ment agency, labor organization, or joint labor-management committee
controlling apprenticeship or other training or retraining,
including on-the-job training programs, has engaged in an unlawful
employment practice, the administrator shall serve a notice of
the charge (including the date, place, and circumstances with
as much specificity as possible of the alleged unlawful employment
practice) to such employer, employment agency, labor organization
or joint labor-management committee (hereinafter referred to as the
"respondent") within ten (10) days . Provided, however, that
before any charge becomes accepted for investigative purposes, the
administrator or his representative, shall have personally reviewed
with the charging party the allegations contained therein and
shall determine if said charge comes within the provisions of this
ordinance . In the event such review results in the determination
that a particular charge does not come within the provisions of
this ordinance, the charging party shall be given a clear and
concise explanation of the reasons why it does not . Records shall
be maintained indicating the reason (s) for which a charge was not
accepted for investigation . An investigation of charges accepted
shall be made by the administrator or his authorized representative .
The report of investigation results and recommendations shall be
filed with an Employment Committee of the Human Relations Commission
administrator or his representative, at such time as the Committee
directs . A charge under this section must be filed within not more
than 180 days after the alleged unlawful employment practice occurred.
B. Charges shall be in writing under oath or affirmation
and shall contain such information and be in such form as the
Commission requires . Such charges shall not be made public.
C . If the administrator or his authorized representative
determines after investigation that there is not reasonable cause
to believe that the charge is true, the Commission shall dismiss
the charge and promptly notify the person claiming to be aggrieved
and the respondent of such action.
D. If after investigation it is determined that there is
reasonable cause to believe that a charge is true, the administrator
or his representative shall endeavor to eliminate any such alleged
unlawful employment practice by informal methods of conference,
conciliation and persuasion. Nothing said or done during and as
a part of such informal endeavors may be made public by the Commission,
the administrator, or his representative or be used as evidence
in a subsequent proceeding without the written consent of the person
concerned. All determinations shall be reasonable and made as
promptly as possible . At any time should a respondent desire to
enter into a predetermination settlement, same shall be allowed,
provided the aggrieved party and the administrator agree such is
acceptable and promotable of the objectives of this ordinance .
E . If the administrator or his representative is unable to
secure from the respondent an acceptable conciliation agreement
after investigation, the administrator or his representative
shall cause the case to be prosecuted in Municipal Court or refer
the case to the United States Equal Employment Opportunity Commission.
Section 6 . Enforcement .
A. In connection with any investigation of a charge filed
under this ordinance, the administrator or his representative
shall, at all reasonable times, have access to, for the purpose of
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examination and the right to copy, any evidence of any person being
investigated or proceeded against that relates to unlawful employ-
ment practices and is relevant to the charge under investigation
and is not confidential as provided by law .
B . No person shall willfully obstruct, or prevent compliance
with this ordinance, or hinder or interfere with the performance
of the proper exercise of a duty, obligation, right or power of the
Commission or its representatives, or other officials with duties,
obligations , rights and powers established by ordinance.
C . The Commission shall have authority from time to time to
issue, demand, or rescind suitable procedural regulations to carry
out the provisions of this ordinance . Such rules and regulations shall
be in conformity with procedural due process and shall be subject
to review and approval by the Board of Aldermen .
Section 7 . Penalties .
Any person, firm or corporation violating any provision of this
article shall be guilty of a misdemeanor, and upon conviction
in Municipal Court thereof, shall be subject to a fine of not more
than Two Hundred Dollars ($200 .00) for each violation hereof, and
each day such violation shall be permitted to exist shall con-
stitute a separate offense .
PASSED AND APPROVED this the 4th day of January, 1983 .
A Y O R
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Date - Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
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ORD CE No- k .82•AN'OR '` _I :t-E4 .NG ; On this• 1R day of January
SECTI• 91OFTi ODE'
OF 0 eT ,ACES OF THL:
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TEXAS BY c J A.D 1983 personally appeared before me,the undersigned authority
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NO. 112-82
O for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
ORDINANCE
AN ORDINANCE CLOSING, Times, a newspaper published at Wichita Falls in Wichita County, Texas, and
V A C A T I N G A N D
ABANDONING THE SOUTH
TWO HUNDRED GHT(208)
FEET OF A upon being duly sworn by me,on oath states that the attached,advertisement is a true
A TWENTY-FIVE
(25) FOOT WIDE ALLEY IN ONE(1)
BLOCK 166, O R WICHICA.I G I N A L and correct copy of advertising published in issues
TOWNSITE OF
FALLS, TEXAS AND ' thereof on the following dates:
RETAINING A UTILITY •
EASEMENT.
ORDINANCE NO. 113-82
AN ORDINANCE CLOSING, Jan. 18
V A C A T I N G 'A N D
A B A N D O N I N G A �J ,////
TWENTY-FIVE (25) FOOT // _-Q-lX '-
WIDE ALLEY IN BLOCK 149, Z.. �IJE//1LZ
' ORIGINAL TOWNSITE OF
WICHITA FALLS, TEXAS. Bookkeeper for Times Publis ing Company
ORDINANCE NO. 114-82
AN ORDINANCE CLOSING, of Wichita Falls
V A C A T I N G A N D
ABANDONING A TWENTY.
( 2 0 ) F O O T W I D E ,
NORTH-SOUTH ALLEY IN Subscribed and sworn to before me this the day and year first above written.
.BLOCK 18A, HIGHLAND
ADDITION TO THE CITY OF ///JJJ
WICHITA FALLS, TEXAS.
ORDINANCE NO. 115=82 _
ORDINANCE AMENDING of —
SECTION 7-14 OF THE CODE ..♦P"''•
OF ORDINANCES TO ADOPT .,.,�-�.e`,-.
THE 1982 EDITION OF.THE �;t ROY L. REAVES%�'': Notary Public,State of Texas
BUILDING �'' X
CODE. „,...,\ L M Commission Expires Nov.30,19!9`'1
ORDINANCE NO j / 0-? S.S.446-42-2662
A N O R D 1 IV 41 a`C,SE °Vim,;,,°”
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ORDINANCE NO 118-82 ORDINANCE NO 1-63 j ORDINANCE NO 4-83 ,
'T E X A.�€ Na r*.A L, AN ORDINANCE CLOSING, AN ORDINANCE MAKING ORDINANCE PROHIBITING
HET(.191E Eat_'S.Y,S`TEM, V A C A T I N G A N D AN APPROPRIATION FROM DISCRIMINATION IN
CREDI '-TE;D',SE.RVICE ABANDONING A TWELVE THE GENERAL EQUITY EMPLOYMENT PRACTICES,
CREDITS" INSAID'SYSTEM (12) FOOT WIDE "L" i FUND TO ACCOUNT AND PROVIDING AN
FOR SERVICE PERFORMED SHAPED ALLEY IN BLOCKS, NUMBERS LISTED BELOW. • ADMINISTRATIVE j
BY QUALIFYING MEMBERS SIBLEY TAYLOR ADDITION AND DECLARING AN PROCEDURE FOR THE
OF SUCH SYSTEM I N THE TO THE CITY OF WICHITA i EMERGENCY. H A N D L I N G OF
EMPLOYMENT OF THE FALLS, TEXAS, AND • ORDINANCE NO. 2-83 COMPLAINTS CONCERNING
CITY OF W I C H I T A F A L L S; R E T A I N I N G A UTILITY AN O R D I N A N C E SUCH PRACTICES.
P R O V I D I N G F O R EASEMENT. P R O H I B I T I N G ORDINANCE NO.5-83
INCREASED. PRIOR AND ORDINANCE NO. 119-82 D I S C R I M I N A T I O N I N ORDINANCE CREATING A
CURRENT SERVICE AN ORDINANCE CLOSING P U B- L I C MECHANICAL CODE BOARD
ANNUITIES FOR RETIREES AND. ABANDONING ACCOMMODATIONS, AND OF ADJUSTMENTS AND
AND BENEFICIARIES OF CERTAIN OLD,TEN FOOT P R O V I D I N G AN I APPEALS.
DECEASED RETIREES OF. WIDE CARRIAGE TRAILS IN ADMINISTRATIVE ORDINANCE NO. 6-83
T H E C-I T Y ; A N D BLOCKS:K, L, AND R IN PROCEDURE FOR THE ORDINANCE GRANTING
E S T A B L I S H I N G A N H A N D L I N G OF WAIVER OF SECTION 27-29
C Y EFFECTIVE DATE FOR AND APPROVING REVIS ED COMPLAINTS CONCERNING (a), AND (c) OF THE CODE
SUCH ACTIONS. PLAT. III{ SUCH DISCRIMINATION. OF ORDINANCES TO ALLOW
ORDINANCE NO. 117-82 ORDINANCE NO. 120-82 ORDINANCE NO. 3-83 THE OWNER OF A. V.
ORDINANCE WAIVING AN ORDINANCE MAKING ORDINANCE AMENDING MOTE'S GARAGE TO DELAY
ORDINANCES CONCERNING AN APPROPRIATION FROM ARTICLE I I OF CHAPTER 13 CONSTRUCTION OF A
CITY ENFORCEMENT OF THE WATER-SEWER BOND OF THE CODE OF SIDEWALK UNTIL SUCH
DEED RESTRICTIONS FOR FUND-SERIES 1981 FUND TO ORDINANCES (SECTIONS TIME AS PEDESTRIAN
T-H E FOLLOWING ACCOUNT NUMBERS 13-11 THROUGH 13-27), TRAFFIC WARRANTS ITS
P ROPERTIES I N F A I T H . L I S T E D BELOW, AND W H I C H P R O H I B I T S CONSTRUCTION-
VILLAGE, UNIT I I I: LOTS D E C L A R I N G AN D I S C R I M I N A T O R Y
1-8, BLOCK 73 AND LOTS 1-4, EMERGENCY. HOUSING PRACTICES, AND
BLOCK 74. I ORDINANCE NO. 121-82 P R O V I D E S A N
ORDINANCE NO. 118-82 AN ORDINANCE MAKING ADMINISTRATIVE
AN ORDINANCE CLOSING, AN APPROPRIATION,FROM PROCEDURE FOR THE
V A C A T I N G A N D T H E WATER-SEWER H A N D L I N G O F
ABANDONING A TWELVE OPERATION FUND TO COMPLAINTS CONCERNING
(12) FOOT WIDE "L ACCOUNT NUMBERS SUCH PRACTICES.
SHAPED ALLEY IN BLOCK 5, LISTED BELOW, AND
SIBLEY TAYLOR ADDITION I D E C L A R I N G AN
TO THE CITY OF WICHITA I EMERGENCY.
FALLS, TEXAS, AND