§ 5-3-13 — CONCILIATION AGREEMENT

§ 5-3-13 - CONCILIATION AGREEMENT.

(A) If, after an investigation, the director determines there is reasonable cause to believe a violation of Section 5-3-4 (Unlawful Employment Practices), Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, or Chapter 21 (Employment Discrimination) of the Texas Labor Code has occurred, or if the director reverses or modifies an investigator's determination under Section 5-3-11 (Review of No Reasonable Cause Determination), the director shall attempt to resolve the alleged violation through a conciliation agreement. (B) The charging party and respondent may agree to settle the complaint before the investigation is complete. If the director determines the agreement does not meet the objectives of this chapter, the director may continue to investigate the complaint. (C) The information produced while attempting to reach a conciliation agreement is confidential, unless disclosure is required by law. Information produced while attempting to reach a conciliation agreement may not be used as evidence in a later proceeding without the written consent of all parties. (D) If the director, charging party, and respondent are unable to obtain a conciliation agreement, the director may refer a case involving a violation of Section 5-3-4 (Unlawful Employment Practices) to the city attorney for prosecution in municipal court or for other civil prosecution as authorized by Chapter 21 (Employment Discrimination) of the Texas Labor Code. Prosecution in municipal court or by other civil action does not bar the charging party from seeking relief from the EEOC or other civil proceeding. (E) If the charging party, respondent, and director are unable to obtain a conciliation agreement in a charge involving a violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, or the Americans with Disabilities Act of 1990, the director shall send a failure to conciliate letter to the charging party and the respondent and forward the charge to the EEOC for review. (F) The confidentiality rules in 29 CFR § 1601.22 apply in all cases deferred to the City by the EEOC.

Source: Ord. No. 20211202-030, Pt. 12, 12-13-21.