"Unlawful Discriminatory Practices Related to Sexual Orientation."

8/13/2019 "Unlawful Discriminatory Practices Related to Sexual Orientation."

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UNLAWFUL DISCRIMINATORYPRACTICES RELATING TO SEXUALORIENTATION

Budget, Finance and Audit CommitteeJanuary 6, 2014


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Prohibits discrimination in EMPLOYMENT,PUBLIC ACCOMMODATIONS, and HOUSINGbased on *sexual orientation.

*Sexual orientation an individuals real orperceived orientation as heterosexual,homosexual, or bisexual or an individuals real orperceived gender identity.

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Religious Organizations

The United States government or any of itsdepartments or agencies

The government of the State of Texas or any of

its departments, agencies or politicalsubdivisions

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3 EXCEPTIONS TO CHAPTER 46


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Discriminatory acts based on sexual orientation:

Employment

Housing

Places of Public Accommodation

Retaliation for filing a complaint

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A complaint must be filed within

180 calendar days after analleged unlawful practice has

occurred.

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Failure or refusal to hire or promote

Failure or refusal to refer one foremployment

Denial of like compensation, terms,conditions and privileges of employment

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To classify or refer to one based onsexual orientation

Deny or limit training opportunity

Print or publish or advertisepreferences or limitations

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Any person with 15 or more employeesfor each working day in each of 20 or

more calendar weeks in current orpreceding calendar year, includingagents of such person.

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Refuse, deny or make unavailable for sell or rent

Different terms, conditions and privileges of sale orrental when available

Print or publish or advertise preferences based onsexual orientation

Refuse or deny mortgage or brokerage services

Blockbusting

Steering

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Owners of 3 or fewer single family dwellings

Owners that resided in dwelling within 24months preceding sale or rental, and do not useservices of any professional in the real estateindustry


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Dwelling occupied by no more than four familiesliving independently of each other and the ownermaintains part of the dwelling as a residence;

Dwelling owned by private organization for non-commercial use and rented to only members of thatorganization; and

Rental of a dwelling to persons of the same sex,

when the dwelling has common bathroom, kitchen,or similar facilities.


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Access

Service

Utilization

Cost

Advertisement

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Hotel, restaurant, bar, lounge, etc. when theaccommodations are restricted to members of aclub and their guests - (private membershipclubs).

Bona fide social, fraternal, educational and civicorganization, when the profits are solely for thebenefit of the organization.


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Official complaints must be written and may befiled in person, by fax, mail, or online

Jurisdiction is determined at Intake Stage

Investigation stage includes site visits, witnessinterviews and document review

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Conciliation available throughout investigation

A Final Investigative Report is completed andsubmitted to the City Attorney with arecommendation from the Fair Housing Office

Determination made by the City Attorney

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COMPLAINT PROCESS

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COMPLAINT REJECTED&

PARTIES NOTIFIED

ON SITE INVESTIGATIONCOLLECTION OF DOCUMENTS,

RECORDS OR TESTIMONY

CONCILIATION

INITIATED/ONGOING

RESPONDENT & COMPLAINANT NOTIFIEDRESPONSE REQUESTED

COMPLAINTFILED

WITHDRAWAL

CONCILIATIONSUCCESSFUL ANALYSIS OF

INFORMATION

FINAL OPPORTUNITY TORESPOND BY RESPONDENT

AND/OR COMPLAINANT

PREPARE FINAL ANALYSISINVESTIGATIVE REPORT

AND RECOMMENDATION

RECOMMENDATION

REVIEW BYCITY ATTORNEYS OFFICE

INTAKE

CITY ATTORNEY MAYINITIATE LITIGATION

INVESTIGATOR ASSIGNED

CASE CLOSED

YES

DETERMINATIONYES

CASE CLOSED

NOCAO has discretion toprosecute in Municipal Court


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If Cause is determined and filed inMunicipal Court - fines range from $200 to

$500.

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0%

10%

20%

30%

40%

50%

60% 55%

31%

14%

Employment

Housing

Public Accommodations


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Conciliation(5)

Both parties (Complainant and Respondent) reached a mutual agreement

Non-jurisdictional(7)

A determination was made that the City of Dallas did not have jurisdiction to investigate thecomplaint (e.g. outside the city limits of Dallas, political subdivision of government, etc.)

No Cause - (38)These complaints were thoroughly investigated by staff, reviewed by the City Attorneys Officeand no determination of discrimination was found.

Settlement(7)

Both parties (Complainant and Respondent) reached an outside agreement that did not includethe City of Dallas

Uncooperative(4)

After initial filing the Complainant could not be located or would not cooperate with theinvestigation after formal notice was given to contact the Fair Housing Office.

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Austin

Fort Worth

Houston

San Antonio

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Fair Housing Office214.670.FAIR 3247)www.dallasfairhousing.com

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Documents

"Unlawful Discriminatory Practices Related to Sexual Orientation."