(A) Notwithstanding any other provisions of this subchapter, it shall not be an unlawful practice for:
(1) An employer to hire and employ employees; or an employment agency to classify or refer for employment an individual; or 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 or her religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise;
(2) A religious corporation, association or society to employ an individual on the basis of his or her 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 individuals of a particular religion, if 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;
(4) 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, if the differences are not the result of an intention to discriminate because of disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation, gender identity, familial status, marital and/or parental status and place of birth, 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 the test, its administration, or action upon the results is not designed, intended or used to discriminate because of disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation, gender identity, familial status, marital and/or parental status and place of birth.
(B) The provisions of § 32.047 of this chapter in regard to sexual orientation or gender identity shall not apply to a religious institution, or to an organization operated for charitable or educational purposes, which is operated, supervised or controlled by a religious corporation, association or society.
(C) Any person who has eight or more employees in each of four or more calendar weeks in the current or preceding calendar year, and any agent of such person shall be subject to the provisions of this chapter; businesses with seven or less employees shall be exempt.
(1984 Code, §§ 32.08, 37.09) (Ord O-31-98, passed 7-21-1998; Ord. O-20-03, passed 4-29-2003)