DISCRIMINATION AGAINST PEOPLE WITH AIDS.

Austin City Code tit. 5, ch. 5-5

in effect

Austin City Code § 5-5-1 DECLARATION OF POLICY.

§ 5-5-1 - DECLARATION OF POLICY. It is hereby declared to be the policy of the City to prohibit discrimination based on the fact that a person has AIDS or any medical indicators or symptoms related thereto. In adopting this chapter, the city council does not intend to proscribe any activity the proscription of which would constitute an infringement of the free exercise of religion as guaranteed by the United States and Texas constitutions. Source: 1992 Code Section 7-5-1; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-5-2 DEFINITIONS.

§ 5-5-2 - DEFINITIONS. In this chapter: (1) AIDS means a medical condition which shall have the same meaning as that defined by the federal Center for Disease Control in Atlanta, Georgia; said definition shall be maintained by the City's Office of Civil Rights and shall be incorporated within this chapter for all purposes. (2) BODY FLUIDS means those body tissues, secretions, and excretions which have been shown to contain live HIV particles and which have a proven epidemiologic role in transmission of HIV. These include blood, plasma, semen, seminal fluid and vaginal secretions. (3) BONA FIDE OCCUPATIONAL QUALIFICATION means a job qualification or requirement that is reasonably related to the satisfactory performance 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; and there exists no less discriminatory means of satisfying the occupational qualification. (4) BUSINESS ESTABLISHMENT means any entity, however organized, which furnishes goods or services to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements consist only of payment of fees or consist of requirements under which a substantial portion of the residents of this City would qualify. (5) CHARGING PARTY means the person alleging discrimination in a complaint. (6) DIRECTOR means the director of the Office of Civil Rights. (7) EMPLOYER means a person engaged in an industry affecting commerce who has 16 or more employees at the time the alleged discrimination occurred. (8) 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 person. (9) HIV-INFECTED INDIVIDUALS means those persons infected with AIDS or persons with AIDS related complex and healthy individuals infected with the HIV virus. It also includes those persons who are HIV seropositive, which is an indication of exposure to the HIV virus. (10) INVESTIGATOR means the person investigating a complaint. (11) LABOR ORGANIZATION means a labor organization engaged in an industry affecting commerce and includes: (a) Any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and that 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; (b) Any conference, general committee, joint or system board, or joint council so engaged that is subordinate to a national or international labor organization; and (c) An agent of a labor organization. (12) PERSON means any individual, person, firm, corporation, or other organizations or group of persons, however organized, the City and any of its officers, agents, boards, commissions, but does not mean federal or state agencies. (13) RESPONDENT means the person against whom a charging party alleges discrimination in a complaint. Source: 1992 Code Section 7-5-2; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 14, 12-13-21.

Austin City Code § 5-5-3 EMPLOYMENT.

§ 5-5-3 - EMPLOYMENT. (A) Prohibited activity. It shall be unlawful for any person to do any of the following acts as a result of the fact, in whole or in part, that a person has AIDS, or is an HIV-infected individual, or is perceived to have AIDS or to be an HIV-infected individual or to be at risk for any of the conditions described above: (1) By an employer. Refuse to consider for hire or refuse to hire, or to discharge any individual; to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, including promotion; or to limit, segregate or classify employees in any way which would deprive or tend to deprive such individual of employment opportunities, or otherwise adversely affect his/her status as an employee. (2) By an employment agency. To fail or refuse to refer for employment any individual; or otherwise to discriminate against any individual. (3) By a labor organization. To exclude or expel from its membership or to otherwise discriminate against any individual; or to limit, segregate or classify its membership; or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities, or otherwise adversely affect his/her status as an employee or as an applicant for employment. (4) By an employer, employment agency or labor organization: (a) to discriminate against any individual in consideration for, admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program; or (b) to print, publish, advertise or disseminate in any way, or cause to be printed, published, advertised or disseminated in any way, any notice or advertisement with respect to employment, membership in, or any classification or referral for employment or training by any such organization, which indicates an unlawful discriminatory act or preference. (B) Bona fide occupational qualification; burden of proof. In any action brought under Section 5-5-10 (General Enforcement Guidelines), if a person asserts that an otherwise unlawful discriminatory practice is justified as a bona fide occupational qualification, that person shall have the burden of proving that: (1) the discrimination is in fact reasonably related to the satisfactory performance of the duties of the job; (2) 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; and (3) there exists no less discriminatory means of satisfying the occupational qualification. Source: 1992 Code Section 7-5-3; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-5-4 HOUSING.

§ 5-5-4 - HOUSING. (A) Prohibited activity. It shall be unlawful for any person to do any of the following acts as a result of the fact, in whole or in part, that a person has AIDS, is an HIV-infected individual, or is perceived to have AIDS or to be an HIV infected individual, or to be at risk for any of the conditions described above: (1) to interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including but not limited to the rental or sale thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction; (2) to include in the terms or conditions of a transaction in real property any clause, condition or restriction; (3) to refuse to lend money, guarantee the loan of money, accept a deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property; (4) to refuse or restrict facilities, services, repairs or improvements for any tenant, lessee, or owner; or (5) to make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates exclusion, limitation or adverse discrimination on the basis that a person has AIDS, is an HIV-infected individual or is perceived to have AIDS or to be an HIV-infected individual or to be at risk for any of the conditions described above. (B) Exceptions and exclusions. (1) Nothing in this chapter shall affect the standard procedures for determination of financial capability to enter into real estate transactions. (2) Nothing in this chapter shall be deemed to permit rental or occupancy of any dwelling unit or commercial space where occupancy is prohibited by law. (3) Nothing in this chapter shall apply to: (a) Any single-family house sold or rented by an owner, provided that: (i) Such private individual owner does not own more than three single-family houses at any one time; (ii) If the owner does not reside in the house at the time of the sale or was not the most recent resident of such house prior to the sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24-month period; (iii) Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such person's behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental or more than three such single-family houses at any one time; (iv) The sale or rental is made 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 (v) The sale or rental is made without the publication, posting or mailing of any advertisement or written notice in violation of this section but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title. (b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence, provided that the owner: (i) Has not, within the preceding 12 months, participated as principal in three more transactions involving the sale or rental of any dwelling or any interest therein; (ii) Has not, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or (iii) Is not the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. (c) Nothing in this chapter shall prohibit a religious organization, association or society or a 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, national origin, physical or mental disability, status as a student, marital status, parenthood, sexual orientation or age or because such persons have AIDS, are HIV-infected individuals, or are perceived to have AIDS or to be HIV-infected individuals or to be at risk for any of the conditions described above. (d) Nothing in this chapter 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 or from giving preference to its members. (e) Nothing in this chapter shall bar any person from owning and operating a housing accommodation in which rooms are leased, subleased or rented only to persons of the same sex, when such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation. (f) Nothing in this chapter shall prohibit the sale, rental, lease or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental disability, marital status and sexual orientation, or the persons have AIDS, are HIV-infected individuals or are perceived to have AIDS or to be HIV-infected individuals or to be at risk for any of the conditions described above. (g) Nothing in this chapter shall bar a person who owns, operates or controls rental dwellings whether located on the same property or on one or more contiguous parcels of property, from reserving any grouping of dwellings for the rental or lease to tenants with a minor child or children; provided, however, in the event that said reserved area is completely leased or rented, the person owning, operating or controlling said rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant's status as a parent or any other of the protected classifications set forth in this chapter. Source: 1992 Code Section 7-5-4; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-5-5 BUSINESS ESTABLISHMENTS AND PUBLIC ACCOMMODATIONS.

§ 5-5-5 - BUSINESS ESTABLISHMENTS AND PUBLIC ACCOMMODATIONS. (A) Prohibited activity. It shall be an unlawful practice for any person to deny any individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment or public accommodation as a result of the fact, in whole or in part, that a person has AIDS or is an HIV-infected individual or is perceived to have AIDS or to be HIV-infected individual or to be at risk for any of the conditions described above. (B) Advertising. No person shall make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to any business establishment or public accommodation which indicates that a person is doing or will do anything which this chapter prohibits. Source: 1992 Code Section 7-5-5; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-5-6 CITY FACILITIES AND SERVICES.

§ 5-5-6 - CITY FACILITIES AND SERVICES. It shall be an unlawful practice for any person to deny any person the full and equal enjoyment, or to impose different terms and conditions on the availability of: (A) The use of any City facility or City service as a result of the fact, in whole or in part, that a person has AIDS or is an HIV-infected individual or is perceived to have AIDS or to be an HIV-infected individual or to be at risk for any of the conditions described above. (B) Any service, program or facility wholly or partially funded or otherwise financially supported by the City, as a result of the fact, in whole or in part, that a person has AIDS or is an HIV-infected individual or is perceived to have AIDS or to be an HIV-infected individual or to be at risk for any of the conditions described above. Source: 1992 Code Section 7-5-6; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-5-7 PROTECTION OF PERSONS WHO ASSOCIATE WITH AIDS-INFECTED INDIVIDUALS; RETALIATION AGAINST PERSONS WHO HAVE ACTED PURSUANT TO THE REQUIREMENTS OF THIS CHAPTER.

§ 5-5-7 - PROTECTION OF PERSONS WHO ASSOCIATE WITH AIDS-INFECTED INDIVIDUALS; RETALIATION AGAINST PERSONS WHO HAVE ACTED PURSUANT TO THE REQUIREMENTS OF THIS CHAPTER. (A) Association. It shall be unlawful for any person to do any act described in Sections 5-5-3(A) (Employment), 5-5-4(A) or (B) (Housing), or 5-5-6(A) (City Facilities and Services) as a result of the fact that a person associates with anyone who has AIDS or with HIV-infected individuals, or persons perceived to be suffering from AIDS or to be HIV-infected individuals or to be at risk for any of the conditions described above. (B) Retaliation. It shall be unlawful for any person to do any act described in Sections 5-5-3(A) (Employment), 5-5-4(A) or (B) (Housing), or 5-5-6(A) (City Facilities and Services), or to retaliate against a person because a person: (1) has opposed any act or practice made unlawful by this chapter; (2) has complied with this chapter and its enforcement; (3) has filed a complaint under this chapter with the Office of Civil Rights or any court; (4) has testified, assisted or participated in any way in any investigation, proceeding, or litigation under this chapter. Source: 1992 Code Section 7-5-7; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 15, 12-13-21.

Austin City Code § 5-5-8 TESTING FOR AIDS; WHEN PERMITTED.

§ 5-5-8 - TESTING FOR AIDS; WHEN PERMITTED. No person shall require another to undergo any medical procedure or test designed to show or help show whether a person has AIDS, or is an HIV-infected individual, as defined in Section 5-5-2 (Definitions), unless the testing is necessary as a bona fide occupational qualification. Nothing in this section shall be construed to prohibit any blood bank, blood center or plasma center or any medical facility which procures, processes, distributes, or uses a donated human body part from conducting any test for medical acceptability of blood, plasma or the body part. Source: 1992 Code Section 7-5-8; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-5-9 DIRECTOR OF OFFICE OF CIVIL RIGHTS TO ADMINISTER.

§ 5-5-9 - DIRECTOR OF OFFICE OF CIVIL RIGHTS TO ADMINISTER. The director shall have the responsibility of administering and implementing this chapter. The director may delegate his/her authority to investigate and conciliate complaints to other City employees under his/her direction. Source: 1992 Code Section 7-5-9; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 16, 12-13-21.

Austin City Code § 5-5-10 GENERAL ENFORCEMENT GUIDELINES.

§ 5-5-10 - GENERAL ENFORCEMENT GUIDELINES. (A) Any person who has been discriminated against in violation of the provisions of this chapter may file with the director a request to have the director investigate and mediate the complaint under the provisions of this chapter. (B) Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law. (C) A complaint to the director is not a prerequisite or a bar to the filing of a complaint with the Texas Human Rights commission or to the pursuit of any other remedy provided by law. The pendency of a complaint before the director shall not bar any civil action under this section, but a final judgment in any civil action shall bar any further proceedings by the Office of Civil Rights. (D) In connection with any investigation of a charge filed under this chapter, the director or investigator 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 and is relevant to the charge under investigation and is not privileged as provided by law. (E) No person shall knowingly, intentionally or recklessly obstruct, or prevent compliance with this chapter or hinder or interfere with the performance of the proper exercise of a duty, obligation, right or power of the Office of Civil Rights or its representatives, or other officials with duties, obligations, rights and powers established by ordinance. (F) The city attorney shall assign counsel to assist the Office of Civil Rights in the performance of its functions. (G) The Office of Civil Rights shall have authority from time to time to issue, amend, or rescind suitable procedural regulations to carry out the provisions of this chapter. The city attorney shall be consulted regarding rules and regulations adopted by the Office of Civil Rights before such rules and regulations become effective. Such rules and regulations shall be in conformity with procedural due process. Source: 1992 Code Section 7-5-10; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 17, 12-13-21.

Austin City Code § 5-5-11 FILING COMPLAINTS; PROCEDURE.

§ 5-5-11 - FILING COMPLAINTS; PROCEDURE. (A) Any person who claims to have been injured by a prohibited activity covered by this chapter may file a complaint with the director. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory practice and shall state the facts upon which the allegations of a discriminatory practice are based. The director shall prepare complaint forms and furnish them without charge to any person, upon request. (B) All complaints must be filed within 180 days following the occurrence of an alleged discriminatory practice. Upon filing or referral of any complaint, the director shall within ten days provide notice of the complaint by furnishing a copy of such complaint to the persons named therein who allegedly committed an alleged discriminatory practice (hereinafter referred to as respondent). The respondent may file an answer to the complaint within 15 days of receipt of the written complaint. (C) If at any time the director or his/her designee shall receive or discover credible evidence and shall have reasonable cause to believe that any person or persons have committed a discriminatory practice as prohibited by this chapter, as to which no complaint has been filed or is about to be filed, the director may prepare and file a complaint upon his/her own motion and in his/her own name and such complaint shall hereinafter be treated in the same manner as a complaint filed by a person aggrieved. (D) The director may grant expedited review to any complaint filed under this chapter, in accordance with the policy concerning expedited reviews as determined by the director. Source: 1992 Code Section 7-5-11; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 18, 12-13-21.

Austin City Code § 5-5-12 INVESTIGATION AND CONCILIATION PROCEDURE.

§ 5-5-12 - INVESTIGATION AND CONCILIATION PROCEDURE. (A) Before the Office of Civil Rights accepts a complaint for investigation, an investigator shall review the complaint with the charging party and determine whether the complaint describes a violation of this chapter. (B) If the investigator determines that there is not reasonable cause to believe that a particular alleged discriminatory practice has occurred, the Office of Civil Rights shall dismiss the complaint and promptly provide the charging party and the respondent with a clear and concise written explanation of the reasons why the complaint will not be accepted for investigation. A charging party may appeal the dismissal of a complaint by filing a request for review with the director within 10 days of receiving the written explanation. If a request for review is timely filed under this section, the director shall conduct a hearing and provide the charging party an opportunity to appear and present evidence. Upon conclusion of the hearing, the director may affirm, reverse, or modify the investigator's determination. (C) Complaints shall be made in writing and shall contain such information and be in such form as the director requires. A complaint is confidential, unless disclosure is required by law. (D) If, after investigation, the director determines there is reasonable cause to believe a violation of this chapter has occurred, or if the director reverses or modifies an investigator's determination under Subsection (B), the director shall attempt to resolve the alleged violation through a conciliation agreement. 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. (E) The charging party and respondent may agree to settle the complaint before the investigation is complete. If the director determines that the agreement does not meet the objectives of this chapter, the director may continue to investigate the complaint. (F) If the director, charging party, and respondent are unable to obtain a conciliation agreement, the director may refer the case to the city attorney for prosecution in municipal court. Source: 1992 Code Section 7-5-12; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 19, 12-13-21.

Austin City Code § 5-5-13 NON-WAIVERABILITY.

§ 5-5-13 - NON-WAIVERABILITY. Any written or oral agreement which purports to waive any provision of this chapter is against public policy and void. Source: 1992 Code Section 7-5-13; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-5-99 CRIMINAL PENALTY.

§ 5-5-99 - CRIMINAL PENALTY. A person commits an offense if the person violates any provision of this chapter or if the person obstructs or prevents compliance with this chapter. An offense under this section is a Class C misdemeanor punishable as provided in section 1-1-99 (Offenses; General Penalty). A culpable mental state is not required, and need not be proved, for an offense under this section. Each day that a person violates this chapter, whether consecutive or non-consecutive, shall be a separate offense. Source: 1992 Code Section 7-5-99; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 20, 12-13-21.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT5CIRI_CH5-5DIAGPEAIFetched: 10/27/2026