(A) Employment. Except when based on a bona fide occupational qualifications, it is an unfair employment practice:
(1) For a labor organization, because of race, color creed, religion or national origin:
(a) To deny full and equal membership right to an applicant for membership or to a member;
(b) To expel a member from membership;
(c) To discriminate against an applicant for membership or a member with respect to his or her hire, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities or privileges of employment; or
(d) To fail to classify properly or refer for employment or otherwise to discriminate against a member.
(2) For an employer, because of race, color, creed, religion or national origin:
(a) To refuse to hire an applicant for employment;
(b) To discharge an employee; or
(c) To discriminate against an employee with respect to his or her hire, tenure, compensation, terms, upgrading, conditions, facilities or privileges of employment.
(3) For an employment agency, because of race, color, creed, religion or national origin:
(a) To refuse to or fail to accept, register, classify properly or refer for employment or otherwise to discriminate against an individual; or
(b) To comply with a request from an employer for referral of applicants for employment if the request indicates directly or indirectly that the employer fails to comply with the provisions of this chapter.
(4) For an employer, labor organization or employment agency to discharge, expel or otherwise discriminate against a person because that person has opposed any practice forbidden by this chapter or has filed a complaint, testified or assisted in any proceeding under this chapter;
(5) For a person intentionally to aid, abet, incite, compel or coerce another person to engage in any of the practices forbidden by this chapter;
(6) For a person intentionally to attempt to aid, abet, incite, compel or coerce another person to engage in any of the practices forbidden by this chapter;
(7) For any person, employer, labor organization or employment agency to willfully prevent, impede or interfere with the Commission or any of its members or representatives in the performance of duty under this chapter; and
(8) For an employer, employment agency or labor organization, before an individual is employed by an employer or admitted to membership in a labor organization, to:
(a) Require the applicant to furnish information that pertains to the applicant’s race, color, creed, religion or national origin, unless, for the purpose of national security, information pertaining to the national origin of the applicant is required by the United States, this state or a political subdivision or agency of the United States or the state; or
(b) Cause to be printed or published a notice or advertisement that relates to employment or membership and discloses a preference, limitation, specification or discrimination based on race, color, creed, religion or national origin.
(B) Housing. It is an unfair discriminatory practice:
(1) For an owner, lessee, sublessee, assignee or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these:
(a) To refuse to sell, rent or lease or otherwise deny to or withhold from any person or group of persons any real property because of race, color, creed, religion or national origin of the person or group of persons;
(b) To discriminate against any person or group of persons because of the race, color, creed, religion or national origin of the person or group of persons in the terms, conditions and privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection therewith; or
(c) In any transaction involving real property, to print, circulate or post or cause to be printed, circulated or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of any real property, or make any record or inquiry in connection with the prospective purchase, limitation, specification or discrimination as to race, color, creed, religion or national origin or any intent to make any limitation, specification or discrimination.
(2) For a real estate broker, real estate salesperson or employee, or agent thereof:
(a) To refuse to sell, rent or lease or refuse to offer for sale, rental or lease any real property to any person or group of persons or refuse to negotiate for the sale, rental or lease of any real property to any person or group of persons because of the race, color, creed, religion or national origin of the person or group of persons, or represent that real property is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of the race, color, creed, religion or national origin of the person or group of persons;
(b) To discriminate against any person because of his or her race, color, creed, religion or national origin in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith; or
(c) To print, circulate or post or cause to be printed, circulated or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of any real property or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion or national origin or any intent to make any limitation, specification or discrimination.
(3) For a person, bank, banking organization, mortgage company, insurance company or other financial institution or leader to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof:
(a) To discriminate against any person or group of persons because of the race, color, creed, religion or national origin of the person or group of persons or of the prospective occupants or tenants of real property in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of any financial assistance or in the extension of services in connection therewith; and/or
(b) To use any form of application for the financial assistance or make any record or inquiry in connection with applications for the financial assistance, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion or national origin or any intent to make any limitation, specification or discrimination.
(4) For any person:
(a) To engage in any affirmative act of economic reprisal against any other person, because that person has opposed any practice forbidden by this chapter or has filed a complaint, testified, assisted or participated in any manner in any investigation or proceeding under this chapter;
(b) Intentionally to aid, abet, incite, compel, coerce any other person to engage in any of the practices forbidden by this chapter;
(c) To willfully obstruct or prevent any person from complying with the provisions of this chapter or to resist, prevent, impede or interfere with the Commission or any of its members or representatives in the performance of duty under this chapter; or
(d) To attempt directly or indirectly to commit any of the practices forbidden by this chapter.
(C) Public accommodations. It is an unfair discriminatory practice for a person who is the owner, lessee, proprietor, manager, superintendent, official or employee of any place of public accommodation:
(1) To discriminate against any person, either directly or indirectly, by refusing, withholding or denying to the person, any of the services, accommodations, advantages, facilities or privileges offered by the place of public accommodation, resort or amusement, by setting different rates or charges therefor, or by placing or attempting to place any person in a separate section or area of the premises or facilities at the public accommodation, resort or amusement when the action is based on race, color, creed, religion or national origin;
(2) To publish, circulate, issue, display, post or mail, either directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the services, accommodations, advantages, facilities or privileges of any place of public accommodation, resort or amusement, will be refused, withheld or denied to any person on account of race, color, creed, religion or national origin, or that the patronage of any person of a particular race, color, creed, religion or national origin is unwelcome, objectionable or not acceptable, desired or solicited, or that any person is required to or requested to use a separate area or section of the premises or facilities, of the place of public accommodation, resort or amusement, because of race, color, creed, religion or national origin; or
(3) To aid, abet, incite, counsel or coerce the doing of any act declared herein to be an unlawful practice, or to prevent any person from complying with this chapter.
(D) Education. It is an unfair discriminatory practice for any person to discriminate against any other person in any manner in the access to, use of or benefit from any school or educational institution, its facilities, activities or services, because of race, color, creed, religion or national origin of the person.
(2002 Code, § 6.78) Penalty, see § 10.99