(a) This division shall not apply to any employer with respect to the employment of aliens outside the city, or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities.
(b) Notwithstanding any other provisions of this division:
(1) It shall not be unlawful for an employer to hire and employ employees, for an employment agency to classify or refer for employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization or joint labor- management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his or her religion, sex or national origin in those certain instances where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and
(2) It shall not be unlawful for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is, in whole or in 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 such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.
(c) Notwithstanding any other provision of this division, it shall not be unlawful for an employer to fail or refuse to hire and employ an individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if:
(1) The occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any order of the President; and
(2) Such individual has not fulfilled or has ceased to fulfill that requirement.
(d) Notwithstanding any other provision of this division, it shall not be unlawful for 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, provided that such differences are not the result of an intention to discriminate because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression nor shall it be unlawful for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression. It shall not be unlawful under this division for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of § 6(d) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. § 206(d)).
(e) Nothing contained in this division shall be interpreted to require any employer, employment agency, labor organization or joint labor-management committee subject to this division to grant preferential treatment to any individual or to any group because of the age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons with disabilities or of any age group, race, color, religion, sex, national origin, sexual orientation, transgender, gender identity or gender expression employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of with disabilities or of such age group, race, color, religion, sex, national origin, sexual orientation, transgender, gender identity or gender expression in any community, state, section or other area, or in the available work force in any community, state, section or other area.
(f) Nothing contained in this division shall be construed to repeal or modify any federal, state, territorial or local law creating special rights or preference for veterans or Indians.
(g) Nothing in this division shall be construed to make unlawful discrimination based upon the ages of persons who are less than 40 years old.
(h) Nothing in this division shall be interpreted to make unlawful discrimination with respect to aliens who entered and reside in the United States illegally.
(1964 Code, § 13A-25) (Ord. 7278, § 5, passed 12-22-1975; Ord. 7400, § 1, passed 8-9-1976; Ord. 8957, § 1, passed 10-25-1983; Ord. 10093, § 1, passed 4-22-1988; Ord. 12570, § 1, passed 7-9-1996; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)