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(a) Notwithstanding any other provision of this chapter, 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, national origin or sex is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise;
(2) A school, college, university, or other educational institution to hire and employee 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 and maintained; and
(3) 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 race, color, religion, national origin, sex, familial status, age, disability, gender identity and sexual orientation, 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 race, color, religion, national origin, sex, familial status, age, disability, gender identity and sexual orientation.
(b) Any employer who has less than eight (8) employees within the city in each of twenty (20) or more calendar weeks in the current or preceding calendar year, shall be exempt from the provisions of this chapter.
(Ord. No. 1836, § 7, 6-9-14)