State of Texas, et al. v. United States of America, et al.

Filing 1

COMPLAINT against Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang filed by State of Utah, Heber-Overgaard Unified School District (AZ), Harrold Independent School District (TX), State of Texas, State of West Virginia, Arizona Department of Education, State of Alabama, State of Oklahoma, State of Georgia, Paul LePage, State of Wisconsin, State of Louisiana, State of Tennessee. (Filing fee $400; Receipt number 0539-7604002) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Additional Page(s)) (Nimocks, Austin)

ORDINANCE NUMBER:

AMENDING CHAPTERS 2, 12, and 22

AN ORDINANCE AMENDING CHAPTER 2 OF THE CHARLOTTE CITY CODE
ENTITLED “ADMINISTRATION”, CHAPTER 12 ENTITLED “HUMAN
RELATIONS”, AND CHAPTER 22 ENTITLED “VEHICLES FOR HIRE”

BE IT ORDAINED by the City Council of the City of Charlotte, North Carolina, that:
Section 1.

Article V of Chapter 2 of the Charlotte City Code is amended as follows:

“Sec. 2-151. - Policy statement.
It is the policy of the city not to enter into a contract with any business firm that has
discriminated in the solicitation, selection, hiring or treatment of vendors, suppliers,
subcontractors or commercial customers on the basis of race, gender, religion, national origin,
ethnicity, age, marital status, familial status, sexual orientation, gender identity, gender
expression, or disability, or on the basis of any otherwise unlawful use of characteristics
regarding such vendor's, supplier's, or commercial customer's employees or owners in
connection with a city contract or solicitation; provided that nothing in this commercial nondiscrimination policy shall prohibit or limit otherwise lawful efforts to remedy the effects of
discrimination that has occurred or is occurring in the marketplace.
Sec. 2-152. - Purpose and intent.
It is the intent of the city to avoid becoming a passive participant in private sector
commercial discrimination by refusing to procure goods and services from business firms that
discriminate in the solicitation, selection, hiring, or treatment of vendors, suppliers,
subcontractors, or commercial customers on the basis of race, gender, religion, national origin,
ethnicity, age, marital status, familial status, sexual orientation, gender identity, gender
expression, or disability in connection with city contracts or solicitations by providing a
procedure for receiving, investigating, and resolving complaints of discrimination involving city
contracts or solicitations.
Sec. 2-153. - Definitions.
For purposes of this article, the following terms have the meanings indicated unless the
context clearly requires a different meaning.
…
Discrimination means any disadvantage, difference, distinction, or preference in the
solicitation, selection, hiring, or treatment of a vendor, supplier, subcontractor or commercial
customer on the basis of race, gender, religion, national origin, ethnicity, age, marital status,
familial status, sexual orientation, gender identity, gender expression, or disability, or on the
basis of any otherwise unlawful use of characteristics regarding such vendor's, supplier's, or
commercial customer's employees or owners in connection with a city contract or solicitation;

EXHIBIT E

provided that nothing in this definition or article shall prohibit or limit otherwise lawful efforts to
remedy the effects of discrimination that has occurred or is occurring in the marketplace.
…
Sec. 2-166. - Mandatory nondiscrimination contract clause.
Every contract and subcontract shall contain a nondiscrimination clause that reads
substantially as follows:
As a condition of entering into this agreement, the company represents and warrants that it
will fully comply with the city's commercial non-discrimination policy, as described in
section 2, article V of the City Code, and consents to be bound by the award of any
arbitration conducted thereunder. As part of such compliance, the company shall not
discriminate on the basis of race, gender, religion, national origin, ethnicity, age, marital
status, familial status, sexual orientation, gender identity, gender expression, or disability in
the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or
commercial customers in connection with a city contract or contract solicitation process, nor
shall the company retaliate against any person or entity for reporting instances of such
discrimination. The company shall provide equal opportunity for subcontractors, vendors
and suppliers to participate in all of its subcontracting and supply opportunities on city
contracts, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that has occurred or is
occurring in the marketplace. The company understands and agrees that a violation of this
clause shall be considered a material breach of this agreement and may result in termination
of this agreement, disqualification of the company from participating in city contracts or
other sanctions.
Sec. 2-167. - Contractor bid requirements.
All requests for bids or proposals issued for city contracts shall include a certification to be
completed by the bidder or proposer in substantially the following form:
The undersigned bidder or proposer hereby certifies and agrees that the following
information is correct:
1. In preparing it's the its enclosed bid or proposal, the bidder or proposer has
considered all bids and proposals submitted from qualified, potential subcontractors
and suppliers, and has not engaged in discrimination as defined in section 2.
2. For purposes of this section, discrimination means discrimination in the solicitation,
selection, or treatment of any subcontractor, vendor, supplier or commercial
customer on the basis of race, ethnicity, gender, age, religion, national origin,
marital status, familial status, sexual orientation, gender identity, gender expression,
disability or any otherwise unlawful form of discrimination. Without limiting the
foregoing, discrimination also includes retaliating against any person or other entity
for reporting any incident of discrimination.

3. Without limiting any other remedies that the city may have for a false certification,
it is understood and agreed that, if this certification is false, such false certification
will constitute grounds for the city to reject the bid or proposal submitted with this
certification, and terminate any contract awarded based on such bid or proposal It
shall also constitute a violation of the city's commercial non-discrimination
ordinance and shall subject the bidder or proposer to any remedies allowed
thereunder, including possible disqualification from participating in city contracts or
bid processes for up to two years.
4. As a condition of contracting with the city, the bidder or proposer agrees to
promptly provide to the city all information and documentation that may be
requested by the city from time to time regarding the solicitation and selection of
suppliers and subcontractors in connection with this solicitation process. Failure to
maintain or failure to provide such information shall constitutes grounds for the city
to reject the bid or proposal and to any contract awarded on such bid or proposal. It
shall also constitute a violation of the city's commercial non-discrimination
ordinance, and shall subject the bidder or proposer to any remedies that are allowed
thereunder.
5. As part of its bid or proposal, the bidder or proposer shall provide to the city a list of
all instances within the past ten years where a complaint was filed or pending
against bidder or proposer in a legal or administrative proceeding alleging that
bidder or proposer discriminated against its subcontractors, vendors, suppliers, or
commercial customers, and a description of the status or resolution of that
complaint, including any remedial action taken.
6. As a condition of submitting a bid or proposal to the city the bidder or proposer
agrees to comply with the city's commercial non-discrimination policy as described
in section 2, article V of the city code, and consents to be bound by the award of
any arbitration conducted thereunder.”
Section 2.

Article II of Chapter 12 of the Charlotte City Code is amended as follows:

“Sec. 12-27. - Powers.
Within the limitations provided by law, the community relations committee created under
this article has the power to:
…
(9) Render at least annually a written report to the mayor and to the city council and to the
chairman and the board of county commissioners. The report may contain
recommendations of the committee for legislation or other actions to eliminate or
reduce discrimination with respect to race, color, religion, sex, marital status, familial
status, sexual orientation, gender identity, gender expression, or national origin.
…

Sec. 12-29. - Powers of conciliation division.
Within the limitations provided by law, the conciliation division of the community relations
committee created by this article has the power to:

…
(3) Approve or disapprove plans to eliminate or reduce discrimination with respect to race,
color, religion, sex, marital status, familial status, sexual orientation, gender identity,
gender expression, or national origin;
...”
Section 3.

Article III of Chapter 2 of the Charlotte City Code is amended as follows:

“Sec. 12-58. - Prohibited acts.
(a)
It shall be unlawful to deny any person the full and equal enjoyment of the goods,
services, facilities, privileges, advantages, and accommodations of a place of public
accommodation because of race, color, religion, sex, marital status, familial status, sexual
orientation, gender identity, gender expression, or national origin.
(b)
It shall be unlawful to make, print, circulate, post, mail or otherwise cause to be
published a statement, advertisement, or sign which indicates that the full and equal enjoyment
of the goods, services, facilities, privileges, advantages, and accommodations of a place of
public accommodation will be refused, withheld from, or denied any person because of race,
color, religion, sex, marital status, familial status, sexual orientation, gender identity, gender
expression, or national origin, or that any person's patronage of or presence at a place of public
accommodation is objectionable, unwelcome, unacceptable, or undesirable because of race,
color, religion or national origin; provided, however, this section does not apply to a private
club or other establishment not, in fact, open to the public.
Sec. 12-59. - Prohibited sex discrimination.
(a) It shall be unlawful to deny a person, because of sex, the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or accommodations of a restaurant, hotel, or
motel.
(b) This section shall not apply to the following:
(1) Restrooms, shower rooms, bathhouses and similar facilities which are in their nature
distinctly private.
(2) YMCA, YWCA and similar types of dormitory lodging facilities.
(3) A private club or other establishment not, in fact, open to the public.”

Section 4.

Article II of Chapter 22 of the Charlotte City Code is amended as follows:

“Sec. 22-31. - Conduct of certificate holders, permit holders, drivers.
…
(i) No company operating certificate holder, vehicle operating permit holder, or driver shall
refuse or neglect to transport any person on the basis of race, color, religion, sex, marital status,
familial status, sexual orientation, gender identity, gender expression, or national origin. In
addition, no company operating certificate holder, vehicle operating permit holder, or driver shall
refuse or neglect to transport any person on the basis of disability when such service can be
provided to a person with a disability with reasonable accommodation.”
Section 5.

This ordinance shall be effective April 1, 2015.

Approved as to form

City Attorney