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