DISCRIMINATION AGAINST A PERSON WITH A DISABILITY.

Austin City Code tit. 5, ch. 5-6

in effect

Austin City Code § 5-6-1 DECLARATION OF POLICY.

§ 5-6-1 - DECLARATION OF POLICY. (A) It is the policy of the City to bring about through fair, orderly and lawful procedures, that no qualified person with disabilities shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity operated or contracted for by the City. (B) It is further declared that such policy is established upon the recognition of the inalienable rights of each disabled individual to participate fully and receive the benefits of all programs and activities of the City and not be subjected to discrimination based solely on the disability of the person; and further that the denial of such rights through considerations based on disability is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of such inalienable rights which is within the power and proper responsibility of government to prevent. Source: 1992 Code Section 7-6-1; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-2 DEFINITIONS.

§ 5-6-2 - DEFINITIONS. In this chapter: (1) CHARGING PARTY means the person alleging discrimination in a complaint. (2) CITY means City of Austin. (3) DIRECTOR means the director of the Office of Civil Rights. (4) DISABILITY means having a physical or mental impairment which substantially limits one or more major life activities; having a record of such an impairment; or being regarded as having such an impairment. (a) PHYSICAL OR MENTAL IMPAIRMENT means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (b) MAJOR LIFE ACTIVITIES means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (c) HAS A RECORD OF SUCH IMPAIRMENT means a history of, or has been misclassified as, having a mental or physical impairment that substantially limits one or more major life activities. (d) IS REGARDED AS HAVING AN IMPAIRMENT means has a physical or mental impairment that does not substantially limit major life activities but that is treated by a recipient as constituting such as limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments defined above but is treated as having such an impairment. (5) DISCRIMINATION means any direct or indirect exclusions, distinctions, segregation, limitation, refusal, denial, or any other differentiation in the treatment of a person or persons with disabilities on account of a disability. (6) FACILITY means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property. (7) FINANCIAL ASSISTANCE means any grant, loan, contract (other than procurement contract or a contract of insurance or guaranty), or any other arrangement by which the City provides or otherwise makes available assistance in the form of: funds; services of City personnel; or real or personal property or any interest in or use of such property, including transfers or leases of such property for less than fair market value or for reduced consideration; and proceeds from a subsequent transfer or lease of such property if the City share of its fair market value is not returned to the City. (8) INVESTIGATOR means the person investigating a complaint. (9) PERSON WITH DISABILITIES means any person who has a disability as defined in "disability" above. (10) QUALIFIED PERSON WITH DISABILITIES includes: (a) With respect to employment, a person with disabilities who, with reasonable accommodation, can perform the essential functions of the job in question. (b) With respect to a City service, a person with disabilities who meets the essential eligibility requirements for the receipt of the service. (11) RESPONDENT means the person against whom a charging party alleges discrimination in a complaint. Source: 1992 Code Section 7-6-2; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 21, 12-13-21.

Austin City Code § 5-6-3 PROHIBITED PRACTICES.

§ 5-6-3 - PROHIBITED PRACTICES. (A) The City in providing any aid, benefit, or service shall not, directly or through contractual, licensing, or other arrangements, on the basis of disability: (1) deny a qualified person with disabilities the opportunity to participate in or benefit from the aid, benefit, or service; (2) afford a qualified person with disabilities an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (3) provide a qualified person with disabilities with an aid, benefit, or service that is not as effective as that provided to others; (4) provide different or separate aid, benefits, or services to people with disabilities or to any class of people with disabilities unless such action is necessary to provide qualified people with disabilities with aid, benefits, or services that are as effective as those provided to others; (5) aid or perpetuate discrimination against a qualified person with disabilities by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the City's programs; (6) deny a qualified person with disabilities the opportunity to participate as a member of planning or advisory boards and commissions; or (7) otherwise limit a qualified person with disabilities in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service. (B) For purposes of this chapter, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for people with disabilities and nondisabled persons, but must afford people with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person's needs. (C) Despite the existence of separate or different programs or activities, the City shall not deny a qualified person with disabilities the opportunity to participate in such programs or activities that are not separate or different. (D) The City shall not, directly or through contractual or other arrangements, utilize criteria or methods of administration that: (1) have the effect of subjecting qualified people with disabilities to discrimination on the basis of disability; or (2) have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the City's program with respect to people with disabilities. (E) In determining the site or location of a facility, the City and its contractors shall not make selections that: (1) have the effect of excluding people with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity; or (2) have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to people with disabilities. (F) The aid, benefit, or service provided under a program or activity receiving or benefiting from City financial assistance includes any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered, leased or rented, or otherwise acquired, in whole or in part, with City funds. Source: 1992 Code Section 7-6-3; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-4 ASSURANCE FORM TO BE SUBMITTED BY APPLICANTS FOR CONTRACTUAL FINANCIAL ASSISTANCE.

§ 5-6-4 - ASSURANCE FORM TO BE SUBMITTED BY APPLICANTS FOR CONTRACTUAL FINANCIAL ASSISTANCE. An applicant for contractual financial assistance from the City shall submit an assurance, on a form specified by the director, that the program will be operated in compliance with this chapter. An applicant may incorporate these assurances by reference in subsequent applications to the City. Source: 1992 Code Section 7-6-4; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-5 CITY TO EVALUATE ITSELF ANNUALLY.

§ 5-6-5 - CITY TO EVALUATE ITSELF ANNUALLY. (A) The City shall annually: (1) evaluate, with the assistance of interested persons, including people with disabilities or organizations representing people with disabilities, its current policies and practices and the effects thereof that do not or may not meet the requirements of this chapter; (2) modify, after consultation with interested persons, including people with disabilities or organizations representing people with disabilities, any policies that do not meet the requirements of this chapter; and (3) take, after consultation with interested persons, including people with disabilities or organizations representing people with disabilities, appropriate remedial steps to eliminate the effects of any discrimination that result from adherence to these policies and practices. (B) The City shall maintain on file and make available for public inspection: (1) a list of the interested persons consulted; (2) a description of areas examined and any problems identified; and (3) a description of any modifications made and of any remedial steps taken. Source: 1992 Code Section 7-6-5; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-6 CITY TO DESIGNATE COORDINATOR AND ADOPT GRIEVANCE PROCEDURE.

§ 5-6-6 - CITY TO DESIGNATE COORDINATOR AND ADOPT GRIEVANCE PROCEDURE. (A) The City shall designate at least one person to coordinate its efforts to comply with this chapter. (B) The City shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by this chapter. Source: 1992 Code Section 7-6-6; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-7 CITY TO GIVE NOTICE THAT IT DOES NOT DISCRIMINATE AGAINST PEOPLE WITH DISABILITIES.

§ 5-6-7 - CITY TO GIVE NOTICE THAT IT DOES NOT DISCRIMINATE AGAINST PEOPLE WITH DISABILITIES. (A) The City shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees, including those with impaired vision or hearing, and unions or professional organizations holding professional agreements with the City that it does not discriminate on the basis of disability in violation of this chapter. The notification shall state, where appropriate, that the City does not discriminate on the basis of disability in violation of this chapter. The notification shall state, where appropriate, that the City does not discriminate in admission or access to, or treatment or employment in, its programs and activities. The notification shall also include an identification of the responsible coordinator designated pursuant to this chapter. Methods of initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in recipients' publication, and distribution of memoranda or other written communications. (B) If the City publishes or uses recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants, or employees, it shall include in those materials or publications a statement of the policy described in Subsection (A). The City may meet the requirement of this subsection either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications. Source: 1992 Code Section 7-6-7; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-8 EMPLOYMENT PRACTICES.

§ 5-6-8 - EMPLOYMENT PRACTICES. This chapter does not supersede Chapter 5-3 (Discrimination in Employment Generally), but provides further coverage and clarification on employment practices as they relate to people with disabilities. (A) No qualified person shall, on the basis of disability be subjected to discrimination in employment under any program or activity operated by or contracted for the City. (B) The City and its contractors shall take positive steps to employ and advance in employment qualified people with disabilities. These steps shall include, but not be limited to, modifying existing affirmative action programs to recruit, hire and promote qualified people with disabilities through the establishment of measurable goals. (C) The City and its contractors shall not limit, segregate, or classify applicants, or employees in any way that adversely affects their opportunities or status because of their disabilities. (D) The City will not participate in a contractual or other relationship that has the effect of subjecting qualified disabled applicants or employees to discrimination. The relationships referred to in this subsection include relationships with employment and referral agencies, with labor unions, with organizations providing or administering fringe benefits to employees of the City, and with organizations providing training and apprenticeship programs. (E) Specific activities to which this chapter apply are: (1) recruitment, advertising, and the processing of applications for employment; (2) hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; (3) rates of pay or any other form of compensation and changes in compensation; (4) job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (5) leaves of absence, sick leave, or any other leave. (6) fringe benefits available by virtue of employment; (7) selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (8) employer sponsored activities, including social or recreational programs; and (9) any other term, condition, or privilege of employment. Source: 1992 Code Section 7-6-8; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-9 REASONABLE ACCOMMODATION TO PEOPLE WITH DISABILITIES; GUIDELINES.

§ 5-6-9 - REASONABLE ACCOMMODATION TO PEOPLE WITH DISABILITIES; GUIDELINES. (A) The City and its contractors shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or employee unless the City can demonstrate that the accommodation would impose an undue hardship on the operation of its program. (B) Reasonable accommodation may include: making facilities used by employees readily accessible to and usable by people with disabilities; and job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions. (C) In determining pursuant to Subsection (A) whether an accommodation would impose an undue hardship on the operation of a City or contracted program, factors to be considered include: (1) the overall size of the program with respect to number of employees, number and type of facilities, and size of budget; (2) the type of operation, including the composition and structure of the work force; and (3) the nature and cost of the accommodation needed. (D) An employment opportunity may not be denied to a qualified disabled employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant. (E) The City and its contractors shall not make use of any employment test or other selection criterion that screens out or tends to screen out people with disabilities unless: (1) the test score or other selection criterion is shown to be job-related for the position in question; and (2) alternative job-related tests or criteria that do not screen or tend to screen out as many people with disabilities are not shown by the director to be available. (F) The City and its contractors shall select and administer tests concerning employment so as best to ensure that, when administered to an applicant or employee who has a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual or speaking skills (except where those skills are the factors that the test purports to measure). (G) Except as provided in Subsections (A) and (B), the City and its contractors shall not conduct pre-employment medical examinations or may not make pre-employment inquiry of an applicant as to whether applicant is a person with disabilities or as to the nature or severity of a disability. A pre-employment inquiry or medical examination may be made, however, into an applicant's ability to perform job-related functions. (H) When the City or any of its contractors are taking remedial action to correct the effects of past discrimination, when a voluntary action is taken to overcome the effects of conditions that resulted in limited participation in programs or activities, or when an affirmative action effort is being taken, applicants for employment may be invited to indicate whether and to what extent they are disabled. Information obtained in accordance with this section as to the medical condition or history of the applicant shall be collected and maintained on separate forms that shall be accorded confidentiality as medical records, except that: (1) supervisors and managers may be informed regarding restrictions on the work or duties of people with disabilities and regarding necessary accommodations; (2) first aid and safety personnel may be informed, where appropriate, if the condition might require emergency treatment; and (3) government officials investigating compliance with this chapter shall be provided relevant information upon request. Requests for the release of disabled applicant or employee information by those individuals listed above will occur only through a medical release executed by the affected person with disabilities. Source: 1992 Code Section 7-6-9; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-10 REQUIREMENTS TO INSURE ACCESSIBILITY.

§ 5-6-10 - REQUIREMENTS TO INSURE ACCESSIBILITY. This section does not supersede Chapter 5-5 (Discrimination Against a Person With AIDS), but provides further coverage and clarification on the program accessibility of the City and its contractors to people with disabilities. (A) No qualified person with disabilities shall, because of inaccessibility to or unusability of the City or its contractors facilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which this section applies. (B) The City and its contractors shall operate each program or activity to which this section applies so that the program or activity, when viewed in its entirety, is readily accessible to people with disabilities. This subsection does not require that every existing facility or every part of a facility be made accessible to and usable by people with disabilities. (C) The City and its contractors may comply with the requirement of Subsection (B) through such means as redesign of equipment, reassignment of classes or other services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of health, welfare, or other social services at alternate accessible sites, alteration of existing facilities and construction of new facilities in conformance with federal and state requirements or any other methods that result in making programs and activities accessible to people with disabilities. Structural changes in existing facilities are not required where other methods are effective in achieving compliance with Subsection (B). In choosing among available methods for meeting the requirement of Subsection (B) priority shall be given to those methods that offer programs and activities to people with disabilities in the most integrated setting appropriate. (D) Compliance with the requirements of Subsection (B) shall be within 60 days of the effective date of this chapter except that where structural changes in facilities are necessary, such changes shall be made within one year of the effective date of this chapter, but in any event as expeditiously as possible. (E) In the event that structural changes to facilities are necessary to meet the requirements of Subsection (B), a transition plan shall be developed within six months of the effective date of this chapter setting forth steps necessary to complete such changes. The plan shall be developed with the assistance of interested persons, including people with disabilities or organizations representing people with disabilities. A copy of the transition plan shall be made available for public inspection. The plan shall, at a minimum: (1) identify physical obstacles in facilities that limit the accessibility of programs or activities to people with disabilities; (2) describe in detail the methods that will be used to make the facilities accessible; (3) specify the schedule for taking the steps necessary to achieve full program accessibility and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (4) indicate the person responsible for implementation of the plan. (F) Procedures will be adopted and implemented to ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of services, activities, and facilities that are accessible to and usable by people with disabilities. (G) Each facility or part of a facility constructed by, on behalf of, or for the use of the City or its contractors shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by people with disabilities. (H) Each facility or part of a facility which is altered by, on behalf of, or for the use of the City or its contractors in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by people with disabilities. (I) Design, construction, or alteration of facilities in conformance with the "American National Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped" published by the American National Standards Institute, Inc. shall constitute compliance with Subsection (B) and (C). Departures from particular requirements of those standards by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided. Source: 1992 Code Section 7-6-10; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-11 ADMINISTRATION.

§ 5-6-11 - ADMINISTRATION. As a means of implementing and enforcing this chapter, the director will serve as the City's focal point for implementing this chapter as well as new and existing laws and ordinances written to assure that people with disabilities are integrated, absorbed, and "mainstreamed" into every facet of the community. The director will have the following responsibilities: (A) coordinate the investigation and conciliation procedure under Section 5-6-14 (Investigation and Conciliation Procedure) and assist in resolving grievances to assure prompt solutions; (B) prepare and disseminate information regarding disability rights to the public, City departments, and community agencies; (C) research administrative policies and procedures to identify for City management, modifications required for accessibility to disabled persons; (D) monitor City activities related to people with disabilities and conduct periodic compliance reviews to assure that all City departments are providing services that are accessible to disabled persons; (E) recommend training programs for various groups of the City organization in which accessibility and employment related needs are provided to assure that all City services are available to the disabled community; (F) provide technical assistance and consultation to all City departments in areas related to accessibility as defined by law; (G) establish and maintain community relations such as representation on boards, attendance at conferences, and the like; and (H) develop long-range planning activities to accomplish compliance. Source: 1992 Code Section 7-6-11; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-12 GENERAL ENFORCEMENT GUIDELINES.

§ 5-6-12 - GENERAL ENFORCEMENT GUIDELINES. (A) Any person who believes that he/she 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 his/her complaint. (B) Nothing in this chapter shall create a civil cause of action for damages against the City or preclude any aggrieved person from seeking any other remedy provided by law. Nothing herein shall authorize criminal enforcement of this chapter against the City or its agents, employees, officials, and the like, acting within the scope of their employment. (C) A complaint to the director is not a prerequisite or a bar to the filing of a complaint with the Texas Commission on Human Rights or to the pursuit of any other remedy provided by law. The pendency of a complaint before the director shall not bar any aggrieved party from seeking civil action, but a final judgment in any civil action shall bar any further investigation of a complaint. (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 representative, 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. The city manager shall make such other administrative arrangements as are normal and necessary for the functioning of the Office of Civil Rights. Source: 1992 Code Section 7-6-12; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 22, 12-13-21.

Austin City Code § 5-6-13 FILING COMPLAINTS; PROCEDURE.

§ 5-6-13 - FILING COMPLAINTS; PROCEDURE. (A) Any person who claims to have been injured by an activity prohibited by this chapter may file a complaint with the director. Such complaints shall be in writing and shall identify the person(s) 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. In situations where the grievant's disability requires assistance to submit a complaint in writing, the director may receive the complaint verbally. The director shall prepare complaint forms and furnish them without charge to any person, upon request. (B) All complaints must be filed 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. Source: 1992 Code Section 7-6-13; Ord. 031106-12; Ord. 031211-11.

Austin City Code § 5-6-14 INVESTIGATION AND CONCILIATION PROCEDURE.

§ 5-6-14 - 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, after investigation, the director determines that there is reasonable cause to believe discrimination occurred and the director is unable to secure from the respondent an acceptable conciliation agreement, the director shall present findings to the city manager. The director may, in cases where the respondent is a City department, recommend to the city manager that corrective measures as the director deems appropriate be taken to eliminate the discriminatory activity. If the respondent is a City contractor, the Office of Civil Rights shall forward its findings and recommendations to the charging party, the respondent, and the city council. After receipt of the findings of the Office of Civil Rights, the city council, if it concurs in such findings, may cause the contract with such contractor to be canceled, terminated, or suspended in whole or in part, as the city council deems advisable under the circumstances. If after review of the case, the city council disagrees with the findings of the Office of Civil Rights, the city council may reverse or modify the findings of the Office of Civil Rights. (G) Notice shall be provided in City contracts that noncompliance with this chapter by City contractors may result in termination of such contracts. Source: 1992 Code Section 7-6-14; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 23, 12-13-21.

Austin City Code § 5-6-15 REMEDIAL AND/OR VOLUNTARY ACTION.

§ 5-6-15 - REMEDIAL AND/OR VOLUNTARY ACTION. (A) All remedial and voluntary actions that are required by this chapter will be processed through the Office of Civil Rights. (B) If the outcome of the investigation and conciliation process under Section 5-6-14 (Investigation and Conciliation Procedure) finds that a City program or activity has discriminated against persons on the basis of disability in violation of this chapter, the responsible program area shall take such remedial and/or voluntary action(s) as may be appropriate and necessary. (C) All appeals of a grievance will follow established appeal procedures through the City general grievance procedure for disabled program participants/citizens. (D) Where a City program or activity is found to have discriminated against persons on the basis of having a disability in violation of this chapter and where a contractor of the program area has discriminated, the city manager may require either or both entities to take remedial action. (E) The city manager may, where necessary to overcome the effects of discrimination in violation of this chapter, require a City program or activity to take remedial action. (1) With respect to people with disabilities who are no longer participants in the City's programs but who were participants in the program when such discrimination occurred; or (2) With respect to people with disabilities who would have been participants in the program had the discrimination not occurred. (F) The City may take steps, in addition to any action that is required by this chapter, to overcome the effects of conditions that resulted in limited participation in the City's program or activity by qualified people with disabilities. Source: 1992 Code Section 7-6-15; Ord. 031106-12; Ord. 031211-11; Ord. No. 20211202-030, Pt. 24, 12-13-21.

Austin City Code § 5-6-16 STATUS REPORTS TO THE CITY COUNCIL.

§ 5-6-16 - STATUS REPORTS TO THE CITY COUNCIL. At the end of each fiscal year after the passage of this chapter, the director shall submit to the city council a status report on the implementation of this chapter. Source: 1992 Code Section 7-6-16; Ord. 031106-12; Ord. 031211-11.

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_CH5-6DIAGPEDIFetched: 10/27/2026