The following are exempt from the provisions of this subchapter.
(A) With respect to employment discrimination, employers of 5 or less employees are exempt from the provisions of this subchapter.
(B) It shall not be deemed discrimination for any not-for-profit corporation or association organized exclusively for religious purposes or for any school, educational or charitable institution owned or conducted by or affiliated with a church or religious institution to devote its resources to its own religion or denomination, or to give preference to members of the institution or educationally to promote exclusively the religious principles for which it is established or maintained, unless membership is restricted on account of race. To qualify under this exemption, a religious organization must submit documentation from the Internal Revenue Service of its current status under I.R.C. § 501(c)(3).
(C) It shall not be deemed discrimination on account of handicap for any governmental agency or not-for-profit corporation established for the purpose of offering or providing education, training or other social services and benefits to handicapped persons to devote its resources to handicapped persons or to give a preference to handicapped persons with respect to education, training or social services and benefits.
(D) It shall not be a discriminatory practice to maintain separate restrooms or dressing rooms on the basis of gender.
(E) It shall not be unlawful for an employment agency 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 an individual in any program on the basis of sex in those certain instances where sex is a bona fide occupational requirement reasonably necessary to the normal operation of that particular business or religious educational institution to continue to maintain and enforce a policy of admitting students of 1 sex only.
(Prior Code, § 37.23) (Ord. 3547, passed 11-27-1967; Am. Ord. 4338, passed 7-25-1977; Am. Ord. 4460, passed 8-28-1978; Am. Ord. 4920, passed 10-22-1984)
Statutory reference:
State Civil Rights Acts, see I.C. 22-9-1-1 et seq.