It shall be unlawful and a discriminatory practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the United States or by the Commonwealth:
(a) For any employer, because of the race, color, religious creed, ancestry, age, sex or national origin of any individual, to refuse to hire or employ, or to bar or discharge from employment, such individual, or to otherwise discriminate against such individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment, if the individual is the best able and most competent to perform the services required. This subsection shall not apply to terminations of employment because of the terms or conditions of any bona fide retirement or pension plan, the operation of the terms or conditions of any bona fide retirement or pension plan which have the effect of a minimum service requirement or the operation of the terms or conditions of any bona fide group or employee insurance plan.
(b) For any employer, employment agency or labor organization, prior to employment or admission to membership, to:
(1) Elicit any information, or make or keep a record of, or use any form of application or application blank containing questions or entries concerning, the race, color, religious creed, ancestry, sex or national origin of any applicant for employment or membership;
(2) 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, religious creed, ancestry, age, sex or national origin;
(3) Deny or limit, through a quota system, employment or membership because of race, color, religious creed, ancestry, age, sex, national origin or place of birth; or
(4) Substantially confine or limit recruitment or hiring of individuals, with intent to circumvent the spirit and purpose of this chapter, to any employment agency, employment service, labor organization, training school, training center or other employee referring source which services individuals who are predominantly of the same race, color, religious creed, ancestry, age, sex or national origin;
(c) For any labor organization, because of the race, color, religious creed, ancestry, age, sex or national origin of any individual, to deny full and equal membership rights to any individual or otherwise to discriminate against such individual with respect to hire, tenure, terms, conditions or privileges of employment or any other matter, directly or indirectly, related to employment;
(d) For any employment agency to fail or refuse to classify properly, refer for employment or otherwise discriminate against any individual because of his or her race, color, religious creed, ancestry, age, sex or national origin;
(e) For any individual seeking employment to publish or cause to be published any advertisement which specifies or in any manner expresses his or her race, color, religious creed, ancestry, age, sex or national origin, or in any manner expresses a limitation or preference as to the race, color, religious creed, ancestry, age, sex or national origin of any prospective employer;
(f) For any person to:
(1) Refuse to sell, lease, finance or otherwise deny or withhold commercial housing from any person because of the race, color, religious creed, ancestry, sex or national origin of any prospective owner, occupant or user of such commercial housing, or refuse to lease commercial housing to any person due to the use of a guide dog because of the blindness of the user;
(2) Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing, or otherwise withhold financing of commercial housing from any person, because of the race, color, religious creed, ancestry, sex or national origin of any present or prospective owner, occupant or user of such commercial housing;
(3) Discriminate against any person in the terms or conditions of selling or leasing any commercial housing or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any commercial housing because of the race, color, religious creed, ancestry, sex or national origin of any present or prospective owner, occupant or user of such commercial housing, or discriminate against any person in the terms of leasing any commercial housing or in furnishing facilities, services or privileges in connection with the occupancy or use of any commercial housing due to the use of a guide dog because of the blindness of the user;
(4) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing because of the race, color, religious creed, ancestry, sex or national origin of any present or prospective owner, occupant or user of such commercial housing;
(5) Print, publish or circulate any statement or advertisement relating to the sale, lease or acquisition of any commercial housing or the loan of money, whether or not secured by mortgage, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing, which statement or advertisement indicates any preference, limitation, specification or discrimination based upon race, color, religious creed, ancestry, sex or national origin, or print, publish or circulate any statement or advertisement relating to the lease of any commercial dwelling, which statement or advertisement indicates any preference, limitation, specification or discrimination based upon the use of a guide dog because of the blindness of the user;
(6) Make any inquiry, elicit any information, make or keep any record or use any form of application, containing questions or entries concerning race, color, religious creed, ancestry, sex or national origin in connection with the sale or lease of any commercial housing or loan of any money, whether or not secured by mortgage, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing, or make any inquiry, elicit any information, make or keep any record or use any form of application, containing questions or entries concerning the use of a guide dog because of the blindness of the user, in connection with the lease of any commercial housing; or
(g) For any person, being the owner, lessor, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement to:
(1) Refuse, withhold from or deny to any person, because of his or her race, color, religious creed, ancestry, sex or national origin, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of such place of public accommodation, resort or amusement; or
(2) 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 accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of race, color, religious creed, ancestry, sex or national origin, or that the patronage or custom thereat of any person belonging to or purporting to be of any particular race, color, religious creed, ancestry, sex or national origin is unwelcome, objectionable or not acceptable, desired or solicited.
Nothing in subsection (f) hereof shall bar any religious or denominational institution or organization or any charitable or educational organization, which is operated, supervised or controlled by or in connection with a religious organization or any bona fide private or fraternal organization, from giving preference to persons of the same religion or denomination or to members of such private or fraternal organization, or from making such selection as is calculated by such organization to promote the religious principles or aims, purposes or fraternal principles for which it is established or maintained. Nor shall subsection (f) hereof apply to the rental of rooms or apartments in a landlord occupied rooming house with a common entrance.
(Ord. 4174. Passed 1-23-80.)