(A) It is an unlawful practice for an employer:
(1) To fail or refuse to hire, or to discharge any individual or otherwise to discriminate against an individual with respect to his compensation, terms, conditions, or privileges or employment because of such individual’s race, color, religion, national origin, sex, or age (between 40 and 70).
(2) To limit, segregate, or classify his employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, religion, national origin, sex, or age (between 40 and 70).
(B) It is an unlawful practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against an individual because of his race, color, religion, or national origin, or to classify or refer for employment an individual on the basis of his color, race, religion, national origin, sex, or age (between 40 and 70).
(C) It is an unlawful practice for a labor organization:
(1) To exclude or to expel from its membership, or otherwise to discriminate against a member or applicant for membership because of his race, color, religion, national origin, sex, or age (between 40 and 70).
(2) To limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment an individual, in any way which would deprive or tend to deprive an individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, national origin, sex, or age (between 40 and 70).
(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(D) It is an unlawful practice for an employer, labor organization, or employment agency to print, publish, or cause to be printed or published a notice or advertisement relating to employment by such an employer, membership in any classification, or referral for employment by such an employer or membership in or any classification or referral for employment by the employment agency, indicating any preference, limitation, specification, or discrimination based on race, color, religion, or national origin, except that such notice or advertisement may indicate a preference, limitation, or specification based on religion, or national origin when religion or national origin is a bona fide occupational qualification for employment.
(E) Notwithstanding any provisions of this section it is not an unlawful practice for:
(1) An employer to hire and employ employees, or an employment agency to classify its membership or to classify or refer for employment an individual or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ an individual in any such program, on the basis of his religion or national origin where such is a bona fide occupational qualification reasonably necessary for the normal operation of that particular business or enterprise.
(2) A religious corporation, association, or society to employ an individual on the basis of his religion to perform work connected with the carrying on by such corporation, association, or society of its religious activity.
(3) A school, college, university, or other educational institution to hire and employ employees of a particular religion where the school, college, university, or other educational institution is in whole or substantial part owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of the school, college, university, or other educational institution is directed toward the propagation of a particular religion and the choice of employees is calculated by such organization to promote the religious principles for which it is established or maintained.
(F) Notwithstanding any other provision of this subchapter, it is not an unlawful practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity, quality, or production to an employee who works on a different location, provided that such differences are not the result of an intention to discriminate because of race, color, religion, or national origin; nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, or age (between 40 and 70).
(G) Preference because of imbalance in employment shall not be required. Nothing contained in this chapter requires an employer, employment agency, labor organization, or joint labor-management committee subject to this subchapter to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, or age (between 40 and 70) of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex, or age (between 40 and 70) employed by an employer, referred, or classified for employment by an employment agency or labor organization, admitted to membership or classified by a labor organization, or admitted to or employed in an apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, national origin, sex, or age (between 40 and 70) in the state, community, section, or other area, or in the available workforce in the state, community, section, or other area.
(H) Nothing contained in this subchapter regarding age prohibits:
(1) Minimum hiring ages otherwise provided by law.
(2) State compliance with federal regulations.
(3) Termination of the employment of any person who is unable to perform his duties.
(4) Any physical or medical examinations of applicants or employees which an employer requires to determine fitness for the job or position sought or held.
(5) An employer, labor organization, or employment agency from observing the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan which is not a subterfuge to evade the purposes of this subchapter, except that no such employee benefit plan shall excuse the failure to hire any individual.
(Ord.