A. Prohibited Practices: It shall be an unfair or discriminatory practice for any:
1. Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the race, creed, color, sex, age, national origin, religion, sexual orientation, or gender identity of such applicant or employee, unless based upon the nature of the occupation.
2. Labor organizations or the employees, agents, or members thereof to refuse to admit to membership any applicant, to expel any member, or to otherwise discriminate against any applicant for membership or any member in the privileges, rights, or benefits of such membership because of the race, creed, color, sex, age, national origin, religion, sexual orientation, or gender identity of such applicant or member.
3. Employer, employment agency, labor organization, or the employees, agents, or members thereof, to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular race, creed, color, sex, age, national origin, religion, sexual orientation, or gender identity are unwelcome, objectionable, not acceptable, or not solicited for employment or membership, unless based upon the nature of the occupation.
B. Exemptions:
1. The prohibition by this section of discrimination based on sexual orientation shall not apply to any bona fide religious institution with respect to any qualifications for employment by such institution.
2. This section shall not apply to:
a. Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, the owners, owners' spouses, and children shall not be counted as employees.
b. The employment of individuals for work within the home of the employer if the employer or members of the employer's family reside therein during such employment.
c. The employment of individuals to render personal service to the person of the employer or members of the employer's family.
d. Any bona fide religious institution or its educational association, corporation, or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional, personnel, or administrative officer serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification.
e. Discrimination on the basis of age if the person subject to the discrimination is under the age of eighteen (18) years, unless that person is considered by law to be an adult.
f. A State or Federal program designed to benefit a specific age classification which serves a bona fide public purpose. (Ord. 18-09, 4-6-2009)