§ 39.06  GENERAL EXCEPTIONS.
   (A)   Any practice which has a discriminatory effect and which would otherwise be prohibited by this chapter shall not be deemed unlawful if it can be established that the practice is not intentionally devised to contravene the prohibitions of this chapter and there exists no less discriminatory means of satisfying a business purpose.
   (B)   Unless otherwise prohibited by law, nothing contained in this chapter shall be construed to prohibit promotional activities such as senior citizen discounts and other similar practices designed primarily to encourage participation by a protected group.
   (C)   It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system such as a retirement, pension or insurance plan which is not a subterfuge or pretext to evade the purposes of this chapter.
   (D)   Nothing in this chapter shall bar a fraternal organization from giving preference to members of such fraternal organization or from making such selection as is calculated by such organization to promote the aims, purposes or fraternal principles for which it is established or maintained. This chapter shall not apply to any religious corporation, organization, or association, nor shall it apply to the Bowling Green Christian Academy or St. Aloysius school.  The application and enforcement of the protections created herein are limited solely to the terms of this chapter and such terms shall not create nor enhance protected class status for any other purpose including public and private affirmative action program eligibility. The term AFFIRMATIVE ACTION PROGRAM shall include any program administered by any private or public entity for the purpose of providing preferential treatment for those in a protected class. Any practice which has a discriminatory effect and which would otherwise be prohibited by this chapter shall not be deemed unlawful if it can be established that such practice is not intentionally devised or operated to contravene the prohibitions of this chapter and can be justified by business necessity. Under this chapter, a "business necessity" exception is applicable only in each individual case where it can be proved by a respondent that, without such exception, such business cannot be conducted; a "business necessity” exemption cannot be justified by the factors of increased costs to business, business efficiency, the comparative characteristics of one group as opposed to another, the stereotyped characterizations of one group as opposed to another, and the preferences of co-workers, employers, customers or any other person.
   (E)   Nothing contained in this chapter shall be deemed to prohibit selection or rejection based solely upon a bona fide occupational qualification or a bona fide physical requirement.
(Ord. 7906, passed 8-17-09; Am. Ord. 8066, passed 12-6-2010; Am. Ord. 8934, passed 6-7-2021)