(A) Employers. It is an unlawful practice for an employer:
(1) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to his or her compensation, terms, conditions or privileges of employment, because of such individual’s race, color, religion, national origin, sex or age; and/or
(2) To limit, segregate or classify his or her employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual’s race, color, religion, national origin, sex or age.
(Prior Code, § 9.12.050)
(B) Labor organizations. It is unlawful practice for a labor organization:
(1) To exclude or to expel from its membership, or otherwise to discriminate against, a member or applicant for membership because of his or her race, color, religion, national origin, sex or age;
(2) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment an individual, in any way which would deprive or tend to deprive an individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his or her status as an employee or as an applicant for employment, because of such individual’s race, color, religion, national origin, sex or age; and/or
(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(Prior Code, § 9.12.060)
(C) Advertisements. It is unlawful practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published a notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by the employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, national origin, sex or age; except that, such a notice or advertisement may indicate a preference, limitation or specification based on religion or national origin, when religion or national origin is a bona fide occupational qualification for employment.
(Prior Code, § 9.12.070)
(D) Employment exceptions. Notwithstanding any other provisions of this subchapter, it is not an unlawful practice for:
(1) An employer to hire and employ employees, or an employment agency to classify or refer for employment an individual, for 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 or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;
(2) A religious corporation, association or society to employ an individual on the basis of his or her religion to perform work connected with the carrying on by such corporation, association or society of its religious activity; and/or
(3) A school, college, university or other educational institution to hire and employ employees 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 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 or maintained.
(Prior Code, § 9.12.080)
(E) Compensation exceptions. Notwithstanding any other provision of this subchapter, it is not an unlawful practice 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 difference are not the result of an intention to discriminate because of race, color, religion, national origin, sex or age, nor is it an unlawful practice for an employer to give or to act upon the results of any professionally developed ability test; provided that, such test, its administration or action upon the results is not deigned, intended or used to discriminate because of race, color, religion, national origin, sex or age.
(Prior Code, § 9.12.090)
(Ord. passed 3-9-1976) Penalty, see § 92.99