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HomeMy WebLinkAbout08018ORDINANCE NO. 8018 AN ORDINANCE AMENDING SECTION 7 OF CHAPTER 1 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO EQUAL EMPLOYMENT OPPORTUNITY AND UPDATING AND SIMPLIFYING LANGUAGE PROHIBITING DISCRIMINATION BASED UPON A DISABILITY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1. Section 7 of Chapter 1 of Title VI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 6 -1 -7. Equal employment opportunity. No applicant, candidate or employee shall be discriminated against or denied equal employment opportunity in the service of the City on the basis of race, color, religion, political affiliation, sex, sexual orientation, national origin, ancestry, age or disability, [handicap, except with regard to an otherwise qualified handicapped person, if the handicap actually disqualifies the person from the job, the handicap has a significant impact on the job, and there is no reasonable accommodation that the City can make with regard to the handicap, and] except as otherwise may be provided by law SFrTinN 9 This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: Mav 26. 2009 A77TSTFD SY: CITY CLERK BY: Judy Weaver } Councilperson APPR D' } �- PRESIDENTaf Cfty Council PASSED AND APPROVED: June 8, 2009 ED Background Paper for Proposed ORDINANCE AGENDA ITEM # 19 DATE: May 26, 2009 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING SECTION 7 OF CHAPTER 1 OF TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO EQUAL EMPLOYMENT OPPORTUNITY AND UPDATING AND SIMPLIFYING LANGUAGE PROHIBITING DISCRIMINATION BASED UPON A DISABILITY ISSUE Should City Council pass and approve the proposed Ordinance? RECOMMENDATION City Council should pass and approve the proposed Ordinance BACKGROUND The provisions of Section 6 -1 -7, P.M.C., relating to disability discrimination quotes the statutory exceptions to disability discrimination set forth in the Colorado Anti - Discrimination Act ( "CADA "), 24- 34- 402(l)(a). The provisions of the Americans With Disability Act ( "ADA "), enacted subsequent to CADA and the most recent amendment of 16 -1 -7, P.M.C., contain similar but not identical exceptions as to what constitutes unlawful discrimination with respect to a disability. As the section already provides for both exceptions under the general language "except as otherwise provided by law," it is unnecessary and potentially misleading to cite the CADA exceptions only. The proposed Ordinance, therefore, redacts specific reference to only the CADA exceptions. In addition, the term "handicap" has been superceded with the term "disability" under both the CADA and the ADA, and such change is incorporated in the proposed Ordinance. FINANCIAL IMPACT None.