§ 110. Nondiscriminatory employment requirements for persons who contract with the City.

A.

Definitions. For the purposes of this section, the following words and phrases shall have the meanings given herein.

1.

Age shall mean the age of individuals who are over forty (40) years of age.

2.

Contractor shall mean any person, including a depository, who bids or supplies labor, materials, goods or services, including professional services, to the City of Tulsa or any subcontractor of a contractor.

3.

Disability shall mean an individual who has a physical or mental impairment which substantially limits one (1) or more of his major life activities, who has a record of such an impairment, or who is regarded as having such an impairment. Disability shall not mean or include the current illegal use of a controlled substance as defined in Section 102 of the United States Controlled Substance Act, 21 U.S.C. § 812, transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairment, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania and psychoactive substance use disorders resulting from the illegal use of drugs.

4.

Person shall mean an individual, partnership, association, corporation, legal representative or a combination thereof and any labor organization furnishing or referring employee applicants to any employer or contractor doing business with the City of Tulsa.

5.

Subcontractor shall mean any person who undertakes, by a separate agreement with a contractor, to fulfill all or a part of the latter's contractual obligation with the City of Tulsa.

6.

Unlawful employment practice shall mean, because of race, religion, color, national origin, ancestry, sex, age, disability or medical condition due to pregnancy:

a.

To fail or refuse to hire, discharge or otherwise to discriminate against any individual with respect to compensation, terms conditions or privileges of employment;

b.

To fail or refuse to admit or employ any individual in an organization, apprenticeship, joint labor management or other training or retraining program;

c.

To limit, segregate or classify employees or applicants for employment in a way which deprives the individual of employment opportunities; or

d.

To retaliate or discriminate against an individual because the individual has made a charge, testified, assisted or participated in an investigation, proceeding or hearing pursuant to this section; provided, however, it shall not be an unlawful employment practice to do any of the foregoing if the act is based upon a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business or enterprise, or, in the event of disability, if a reasonable accommodation cannot be accomplished without undue hardship. "Reasonable accommodation" and "undue hardship" shall have the meanings given in Title 5, Section 111, Tulsa Revised Ordinances.

B.

Requirements of City contractor.

1.

No contractor shall engage in any unlawful employment practices.

2.

No bid proposals shall be considered, no purchase order issued, no contract awarded nor payment made by the City of Tulsa unless the contractor agrees:

a.

That he shall not engage in any unlawful employment practice;

b.

That he shall post notices of nondiscrimination in conspicuous places open to employees and applicants, such notices to be obtained from the compliance official;

c.

That he shall state, in solicitations or advertisements for employees, that applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age or disability;

d.

That he shall obtain from any labor union or organization furnishing labor or services to the contractor a written statement that the union or organization will not engage in an unlawful employment practice;

e.

That he shall cooperate with the City of Tulsa and the compliance official in any investigation, compliance review or conciliation effort made to insure that no unlawful employment practice occurs;

f.

That he shall require any subcontractor to comply with this section;

g.

That he shall refrain from knowingly contracting with any person declared by the City of Tulsa to be ineligible to do business with it;

h.

That he shall indemnify the City for any liability incurred by the City as a result of the contractor's discriminatory acts;

i.

That in the performance of any contract with the City of Tulsa, he shall be in compliance with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.; and

j.

That he shall comply with the terms of any conciliation agreement made with the compliance official of the City of Tulsa.

k.

That he shall comply with any additional requirements imposed on a particular contract or project as the result of State or federal funding.

3.

A contractor shall furnish, within ten (10) working days, information required by the compliance official to determine compliance with this section, and shall permit reasonable access by the compliance official to contractor's facilities, employees and to books, papers, records, reports or accounts in the possession or under control of the contractor which are necessary to determine compliance.

C.

Jurisdiction and powers of the Compliance Official and Human Rights Commission.

1.

The compliance official shall receive, review, investigate and, whenever possible, conciliate complaints of any unlawful employment practice or any other violation of this section.

2.

The compliance official shall have the power to initiate and conduct investigations and compliance reviews of contractors and potential contractors. The compliance official and Commission shall have the power to take such action with respect thereto as will, in their judgment, ensure compliance with the provisions of this section and with its rules and regulations.

D.

Complaint and conciliation procedure.

1.

Any person claiming to be aggrieved by an unlawful employment practice or other violation of this section (hereinafter "complainant") shall, within one hundred eighty (180) days of the alleged act of discrimination, file with the compliance official a verified complaint setting forth the particulars of the alleged act of discrimination or other violation of this section and containing such other information as may be required by the compliance official. The compliance official may also initiate a complaint alleging a violation of this section.

2.

Within sixty (60) days after the filing of such complaint, the compliance official shall initiate or cause to be initiated an investigation of the complaint.

3.

If, after investigation the compliance official determines that an offense has not been committed, the compliance official shall issue an order setting forth the findings of the investigation, dismissing the complaint and so notifying the complainant and the respondent.

4.

If, after investigation, the compliance official determines that there is probable cause to believe that there has been a violation of this section, the compliance official shall immediately endeavor to eliminate or correct the practice or the violation by conciliation.

E.

Public hearings.

1.

In the event a conciliation attempt fails to correct or eliminate the complained of practice or violation, or if a conciliation agreement is violated, the Commission shall, upon reasonable notice to the parties, hold a public hearing. A hearing panel, comprised of no fewer than three (3) members of the Commission, may be appointed to conduct the hearing.

2.

If a hearing panel is appointed and, after hearing, determines that there has been a violation of this section, it shall make written findings of fact and conclusions of law and shall forward them, together with its recommendations, to the parties involved and to the Commission.

3.

If the Commission determines that there has been a violation of this section, it shall make written findings of fact and conclusions of law and forward them, together with its recommendations, to the parties and to the Mayor.

F.

Cancellation, termination, suspension, ineligibility and appeal.

1.

Upon receiving recommendations from the Commission, the Mayor may cancel, terminate or suspend all or a part of a contract and/or may declare the contractor ineligible for further business with the City of Tulsa for a period not to exceed one (1) year.

2.

After the expiration of the period of ineligibility, a contractor may be reinstated upon written application to the Commission and completion of a compliance review. The Commission may recommend approval or denial of reinstatement to the Mayor who may adopt or reject the Commission's recommendation.

G.

Appeal. Within ten (10) days following the Mayor's action, any party adversely affected by the Mayor's action may appeal to the City Council by filing a notice of appeal in the office of the City Clerk and providing notice to the other party and the compliance official. The appeal shall be heard by the City Council at its next available meeting after the filing of the notice of appeal.

H.

Council action. The Council may uphold, reverse or modify the action of the Mayor.