(A) (1) It is a prohibited, unlawful practice for an employer:
(a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment because of such individual’s disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity, as defined herein; or
(b) To limit, segregate or classify employees in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual’s disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity.
(2) It is an unlawful practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of that person’s disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity or to classify or refer for employment any individual on the basis of that person’s disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity.
(B) It is an unlawful practice for a labor organization:
(1) To exclude or to expel from its membership or to otherwise discriminate against a member or applicant for membership because of that person’s disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity;
(2) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect one’s status as an employee or as an applicant for employment because of such individual’s disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity; or
(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(C) It is an unlawful practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of that person’s disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity in admission to or employment in any program established to provide such apprenticeship, training or retraining.
(D) It is an unlawful practice for any employer, labor organization or employment agency to print, publish or cause to be printed or published any notice, advertisement, classification or referral for employment imposing any limitation, preference or specification based on disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity; except that, such notice, advertisement, classification, referral for employment may indicate such a limitation, preference or specification based on disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation or gender identity when it is a bona fide occupational qualification for employment.
(E) Nothing herein shall be construed to prevent an employer from:
(1) Enforcing a written employee dress policy, or requiring an employee to dress in attire customarily worn by members of the employee’s biological gender; or
(2) Designating appropriate restroom and shower facilities based on an employee’s biological gender.
(1984 Code, §§ 32.08, 37.08) (Ord O-31-98, passed 7-21-1998; Ord. O-20-03, passed 4-29-2003) Penalty, see § 10.99