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.