City of Fayetteville, Arkansas

113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323

Legislation Text
File #: 2015-0274, Version: 1
UNIFORM CIVIL RIGHTS PROTECTION
AN ORDINANCE TO ENSURE UNIFORM NONDISCRIMINATION PROTECTIONS WITHIN THE CITY
OF FAYETTEVILLE FOR GROUPS ALREADY PROTECTED TO VARYING DEGREES THROUGHOUT
STATE LAW
WHEREAS, federal laws including the Civil Rights Act (42 U.S.C § 2000e, et seq.), the Arkansas Civil Rights
Act of 1993 (A.C.A. § 16-123-101 et seq.) and the Arkansas Fair Housing Act (A.C.A. § 16-123-201 et seq.)
provide Fayetteville citizens with protections against discrimination on the basis of race, ethnicity, national
origin, age, sex, religion and disability; and
WHEREAS, the General Assembly has determined that attributes such as “gender identity” and “sexual
orientation” require protection {A.C.A. § 6-18-514 (b)(1)}; and
WHEREAS, Fayetteville citizens deserve fair, equal and dignified treatment under the law; and
WHEREAS, Fayetteville seeks to attract a diverse and creative workforce by promoting itself to prospective
businesses and employees as a fair, tolerant and welcoming community; and
WHEREAS, the protected classifications in A.C.A. § 6-18-514 (b)(l) for persons on the basis of gender
identity and sexual orientation should also be protected by the City of Fayetteville to prohibit those isolated but
improper circumstances when some person or business might intentionally discriminate against our gay,
lesbian, bisexual and transgender citizens; and
WHEREAS, in response to the concerns recently expressed by the citizens of Fayetteville on a similar issue,
the Fayetteville City Council recognizes their interest in participating in the democratic process and invites the
citizens to decide whether gender identity and sexual orientation should also be protected by the City of
Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby refers this ordinance to the
Fayetteville voters for their enactment or rejection in a Special Election to be held on September 8, 2015. The
operative provisions that will be enacted by Fayetteville citizens into the Fayetteville Code if approved by a
majority of Fayetteville citizens voting in the election shall be as follows:
“Uniform Civil Rights Protection
City of Fayetteville, Arkansas

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Purpose
Fayetteville is a welcoming, fair and tolerant city which endeavors to ensure that all of its citizens and visitors
will be free from unfair discrimination. Since Federal and State law already protect citizens from most
discrimination, the Uniform Civil Rights Protection Article shall extend existing protections to lesbian, gay,
bisexual, and transgender citizens and visitors as recognized elsewhere in state law.
Definitions
(A) “Employee”. This definition adopts and incorporates herein the definition of “Employee” as stated in
the Arkansas Civil Rights Act of 1993, A.C.A. § 16-123-102 (4).
(B) “Employer”. This definition adopts and incorporates herein the definition of “Employer” as stated in
the Arkansas Civil Rights Act of 1993, A.C.A. § 16-123-102 (5).
(C) “Gender Identity” means an individual's own, bona fide sense of being male or female, and the related
external characteristics and behaviors that are socially defined as either masculine or feminine. Gender identity
may or may not correspond to the sex assigned to the individual at birth.
(D) “Housing accommodation”. This definition adopts and incorporates herein the definition of “Housing
accommodation” as stated in the Arkansas Fair Housing Act of 1993, A.C.A. § 16-123-202 (1).
(E) “Place of public resort, accommodation, assemblage or amusement”. This definition adopts and
incorporates herein the definition of “Place of public resort, accommodation, assemblage or amusement” as
stated in the Arkansas Civil Rights Act of 1993, A.C.A. § 16-123-102 (7). Furthermore, this shall not mean
any religious facility or other religious institution including their owned and operated schools and daycare
facilities.
(F) “Real estate broker or salesman”. This definition adopts and incorporates herein the definition of “Real
estate broker or salesman” as stated in the Arkansas Fair Housing Act of 1993, A.C.A. § 16-123-202 (2).
(G) “Real estate transaction”. This definition adopts and incorporates herein the definition of “Real estate
transaction” as stated in the Arkansas Fair Housing Act of 1993, A.C.A. § 16-123-202 (3).
(H) “Real property”. This definition adopts and incorporates herein the definition of “Real property” as
stated in the Arkansas Fair Housing Act of 1993, A.C.A. § 16-123-202 (4).
(I) “Sexual Orientation” means heterosexuality, homosexuality or bisexuality by practice, identity or
expression.
Applicability and Exemptions
(A) The Uniform Civil Rights Protection Article is only applicable to discriminatory actions occurring
within the Fayetteville city limits.
(B) This Article adopts and incorporates herein the entirety of AC.A. § 16-123-103 Applicability of the
Arkansas Civil Rights Act.
(C)

Churches, religious schools and daycare facilities, and religious organizations of any kind shall be

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(C) Churches, religious schools and daycare facilities, and religious organizations of any kind shall be
exempt from this Article.
Discrimination Offense
(A) The right of an otherwise qualified person to be free from discrimination because of sexual orientation
and gender identity is the same right of every citizen to be free from discrimination because of race, religion,
national origin, gender and disability as recognized and protected by the Arkansas Civil Rights Act of 1993.
(B) The Uniform Civil Rights Protection Article adopts and incorporates herein these rights as quoted
below:
(1)

The right to obtain and hold employment without discrimination;

(2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of
any place of public resort, accommodation, assemblage, or amusement;
(3)

The right to engage in property transactions (including sales and leases) without discrimination;

(4)

The right to engage in credit and other contractual transactions without discrimination; and

(5)

The right to vote and participate fully in the political process.

(C) A person engaging in a real estate transaction, or a real estate broker or salesman, shall not on the basis
of sexual orientation or gender identity engage in any conduct likewise prohibited by A.C.A. § 16-123-204
Prohibited Acts of the Arkansas Fair Housing Act on the basis of other enumerated attributes.
(D) No employer shall discriminate against nor threaten any individual because such individual in good
faith has opposed any act or practice made unlawful by this section or because such person in good faith made a
charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing related to the
Uniform Civil Rights Protection Article.
Establishment and Duties of a Civil Rights Commission
There is hereby established the Civil Rights Commission. The Civil Rights Commission shall review and
decide complaints of alleged discrimination in violation of the Uniform Civil Rights Protection Article. The
Commission will provide to the City Council an annual accounting of the number of complaints received and
the outcomes.
Composition
(A)

The Civil Rights Commission shall consist of seven members composed of the following:

(1)

Two (2) representatives of the business community;

(2)

Two (2) owners or managers of rental property;

(3)

One (1) representative with experience in Human Resources or employment law;

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(4)

Two (2) citizens at large, at least one of whom identifies as gay, lesbian, bisexual, or transgender.

(B) Members will be appointed by the City Council, each for a term of three years. Appointments shall be
staggered so that each year either two or three members' terms shall be available for appointment by the
Nominating Committee.
(C) Members of the Civil Rights Commission may be removed from office by the City Council for cause
upon written charges and after a public hearing.
Meetings
(A) The Civil Rights Commission shall meet for an organizational meeting within 60 days after the citizens
enact this ordinance and every year thereafter following the appointment of new members.
(B)

Meetings shall be held at the call of the chairperson.

(C)

A majority of the membership of the Civil Rights Commission shall constitute a quorum.

(D)

All meetings shall be open to the public.

(E) The Civil Rights Commission shall adopt rules necessary to the conduct for its affairs, and in keeping with
the provisions of the City's Uniform Civil Rights Protection Article.
Staff Support
The City Attorney's office shall receive complaints on behalf of the Civil Rights Commission and assist the
Commission in performing its duties and carrying out its responsibilities.
Complaint Procedure and Enforcement
(A) A person asserting a claim of discrimination, herein referred to as the “Complainant”, pursuant to this
Uniform Civil Rights Protection Article must present such claim in writing to the City Attorney's office no
more than ninety (90) days after the person has knowledge of the facts giving rise to the claim of
discrimination. The City Attorney's office will, within two (2) business days, notify the Civil Rights
Commission that a complaint was received.
(B) Informal mediation or conciliation between the alleged discriminator, herein referred to as the
“Respondent”, and Complainant shall be attempted by the City within four business days and before any other
enforcement measures can begin. Such mediation or conciliation measures shall be pursued in accordance with
the confidentiality protections provided by A.C.A § 16-7-2-6. Mediation and conciliation should be concluded
within two weeks after the complaint is received unless both parties agree to further efforts.
(C) If conciliation efforts are successful in resolving the complaint, the Civil Rights Commission will be
notified of resolution and take no further action.
(D) If conciliation efforts fail to resolve the complaint, the Civil Rights Commission shall notify both parties
that a hearing will be conducted at a specified place and time not more than fourteen (14) business days after
the conclusion of conciliation efforts but not less than five (5) business days after issuance of notice of the
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the conclusion of conciliation efforts but not less than five (5) business days after issuance of notice of the
hearing.
(E)

Conduct of the Hearing:

(1) The Civil Rights Commission shall review the initial complaint and may receive any additional
evidence from the Complainant.
(2) The Respondent shall have an opportunity to explain or provide evidence to rebut any allegations of
illegal discriminatory acts. No person shall be compelled to be a witness against himself in any formal or
informal hearing.
(3) After considering all the evidence presented, if the Civil Rights Commission determines that the
Respondent has violated this Article, the Commission shall forward the original claim and their findings to the
City Prosecutor.
(F)

Penalty:

(1) A person’s first violation of this ordinance shall carry a penalty of up to a $100.00 fine. Fayetteville
City Code § 10.99 General Penalty shall apply to any subsequent violations.
(2)

No violation of this Article shall be construed to be a misdemeanor or felony.

Severability
If any part, provision or section of this ordinance is held invalid or unconstitutional it shall be severed from the
remainder which shall remain valid and enforceable.”
Section 2. That the City Council for the City of Fayetteville, Arkansas hereby determines that if the Fayetteville
voters fail to approve the referred ordinance, the ordinance will not go into effect; but if the voters approve the
ordinance, the ordinance quoted in Section 1 will be enacted into the Fayetteville Code and become effective
sixty (60) days after the approving election.

City of Fayetteville, Arkansas

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