It shall be an unlawful practice and thereby deemed a violation of this Chapter for a person directly or indirectly to refuse to hire, employ, classify or upgrade, to bar or to discharge from employment, or otherwise discriminate against any person in the terms, conditions, or privileges of employment, including compensation, because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, ex-offender status, prior psychiatric treatment, military status or source of income of such individual, unless based upon a bona fide occupational qualification. A person who asserts that a discriminatory employment practice is justified because of a bona fide occupational qualification which has not been certified as such by the Commission or by the Massachusetts Commission Against Discrimination under Chapter 151B of the Massachusetts General Laws shall have the burden of showing that the discrimination is in fact a necessary result of a bona fide occupational qualification and thatthere exists no less discriminatory means of satisfying the occupational qualification.
It shall further be an unlawful practice and thereby deemed a violation of this Chapter for any employment agency, directly or indirectly, to fail or refuse to classify properly or refer for employment or otherwise discriminate against any person because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, ex-offender status, prior psychiatric treatment, military status or source of income of such person. An employment agency that specializes in the recruitment and placement of elderly or disabled employees shall be exempt from the operation of this section with respect to such specialized services for the elderly or disabled, provided that such specialized services not discriminate among the elderly or disabled on the basis of other discriminatory criteria.
Nothing herein shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, and which limits membership, enrollment, admission, or participation to members of that religion, from giving preference in hiring or employment to members of the same religion, or employment limited to the elderly or disabled, provided that such employment shall not discriminate among the elderly or disabled on the basis of other discriminatory criteria.
(Ord. 1984 c. 16; Ord. 2002 c. 9)
(Ord. 1984 c. 16; Ord. 2002 c. 9)