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1. What does the NDO prohibit?

The NDO prohibits discrimination in the City of Denton in the areas of employment, housing, and public accommodations based upon race, color, national origin, age, religion, disability, sex, sexual orientation, and gender identity. The NDO also prohibits discrimination in housing based on a veteran’s source of income.

2. Are there any exclusions to the ordinance?

The ordinance does not apply to religious organizations, the United States government (or any of its departments or agencies), or the State of Texas (or any of its departments, agencies, or political subdivisions).

There are some additional exclusions that generally mirror the exclusions found in federal and state non-discrimination laws.

3. What are examples of public accommodations?

A public accommodation is any establishment that is open to the general public and, for compensation, offers any product service or facility to the general public. Examples may include:

• Hotels and motels
• Bars, restaurants, or any place where for or beverages are sold
• Retail and wholesale establishments
• Movie theaters
• Recreation and Fitness Centers

4. Does the NDO apply to restrooms or other similar facilities?

Yes. Under the NDO, an individual cannot be denied access to restrooms or other similar facilities in an establishment that serves the public on the basis of one of the defined protected classes, including on the basis of a person’s gender identity.

5. How could a complaint be filed to report discrimination?

Once the ordinance becomes effective on July 20, 2022, an individual who claims to have been discriminated against in violation of the ordinance may file a complaint, made under oath or affirmation, on a form prescribed by the City within ninety (90) calendar days after an alleged unlawful practice has occurred. Forms and reporting materials will be available prior to July 20.

6. How would the complaint be handled?

Under the ordinance, an individual who claims to have been discriminated against in violation of the ordinance may file a complaint, made under oath or affirmation, on a form prescribed by the City within ninety (90) calendar days after an alleged unlawful practice has occurred.

If the complaint is within the jurisdiction of a federal or state agency, the complainant will simply be referred to the appropriate federal or state agency. For example, the City will refer persons with employment complaints to the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC), and refer persons with housing complaints to the US Department of Housing & Urban Development (HUD).

For those complaints that are protected under the ordinance and cannot be referred to another jurisdiction, the City has established a process to investigate the complaint, including notifying the respondent (accused), advising them on their procedural rights and obligations, and allowing them to file a response to the complaint. The City plans to use a contracted third party to conduct the investigation, which may include reviewing statements, conducting interviews, or contacting any witnesses.

If during or after the investigation, it is determined that there is reasonable cause to believe discrimination occurred, the City will attempt to resolve the complaint between the parties through a third-party conciliation process.

7. What if the complaint cannot be referred to another public agency and it is accepted for investigation by the City?

The ordinance outlines a process for the investigation of a complaint, including notifying the respondent (accused), advising them on their procedural rights and obligations, and allow them to file a response to the complaint. The City would use a contracted third-party to conduct the investigation, which may include reviewing statements, conducting interviews, or contacting any witnesses.

If during or after the investigation, it is determined that there is reasonable cause to believe discrimination occurred, the City shall attempt to resolve the complaint between the parties.

8. What if the complaint cannot be resolved between the parties? Is there a penalty?

If there is reasonable cause to believe discrimination occurred and the complaint cannot be resolved, it may be referred to the City Prosecutor for review. The case may be heard in Municipal Court as a Class C misdemeanor, which carries a maximum $500 fine per violation (per City ordinance).

9. What if there is no reasonable cause found that discrimination occurred?

If investigated, and there is not reasonable cause that the reported discrimination occurred, the complaint will be closed.

10. What are the expectations for confidentiality?

The City will keep information confidential to the extent allowed by law. The complaint, the investigative report, and any evidence collected therein, shall be subject to public disclosure pursuant to the Texas Public Information Act. Prior to any release, documents related to the complaint/investigation shall be reviewed by the City Attorney’s Office to ensure information that is excepted from disclosure by state law, federal law, or common law privacy is redacted.

11. What if provisions of the ordinance are against my sincerely held religious belief(s)?

In the State of Texas, the Texas Religious Freedom and Restoration Act (RFRA) prohibits government from infringing on religion and allows individuals to challenge laws that “substantially” burden their practice of religion. An individual may claim this as a defense from being in violation of the local ordinance.

12. Are schools included in the NDO?

The ordinance does not apply to public schools and religious-affiliated private schools (see above relating to exclusions). Private schools that are not affiliated with a religious organization are included in the employment and housing provisions of the NDO but are exempted from the public accommodation provisions.