(a) It shall be an unlawful discriminatory practice:
(1) For any employer, because of the race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry of any person, to refuse to hire or otherwise to discriminate against him or her with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment;
(2) For an employment agency, because of race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry to:
A. Refuse or fail to accept, register, classify properly, refer for employment or otherwise discriminate against any person;
B. 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 this section;
(3) For any labor organization to:
A. Limit or classify its membership on the basis of race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry;
B. Discriminate against any person, limit his or her employment opportunities or otherwise adversely affect his or her status as an employee, or his or wages, hours or employment conditions, because of his or her race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry;
(4) For any employer, labor organization or joint labor-management committee controlling apprentice training programs to discriminate against any person because of his or her race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry in admission to or employment in any program established to provide apprentice training;
(5) Except where based on a bona fide occupational qualification certified in advance by a government agency responsible for enforcing similar legislation at the state or federal level, for any employer, employment agency or labor organization, prior to employment or admission to membership, to:
A. Elicit or attempt to elicit any information concerning the race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry of an applicant for employment or membership;
B. Make or keep a record of the race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry of any applicant for employment or membership;
C. Use any form of application for employment, or personnel or membership blank seeking to elicit information regarding race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry. However, an employer holding a contract containing a nondiscrimination clause with the government of the United States or any department or agency thereof may require an employee or applicant for employment to furnish documentary proof of United States citizenship, may retain such proof in his or her personnel records and may use photographic or fingerprint identification for security purposes.
D. Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry;
E. Announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry of such group;
F. Utilize in the recruitment or hiring of persons any employment agency, placement service, training school or center, labor organization or other employee-referring source known to discriminate against persons because of their race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry;
(6) For any person seeking employment to publish or cause to be published an advertisement which specifies or in any manner indicates his or her race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry, or expresses a limitation or preference as to the race, color, religion, sex, national origin, other classes of people protected from discrimination by applicable federal law or ancestry of any prospective employer; or
(7) For any person to aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or to obstruct or prevent any person from complying with this section, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.
(b) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.