Notwithstanding any other provisions of this Subchapter, it shall not be an unlawful practice for:
a. An employer to hire and employ employees, or an employment agency to classify or refer for employment an individual, for a labor organization 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 in those certain instances where religion, sex, national origin, age over forty (40) or disability is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;
b. 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;
c. A school, college, university or other educational institution to hire and employ employees of a particular religion if the school, college, university or other educational institution is in whole or in substantial part owned, supported, controlled or managed by a particular religious corporation, association or society, or if the curriculum of the school, college, university or 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; and,
d. 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 or quality of production, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate; 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.
(Ord. BG2003-53, 10/7/2003)