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SEC. 45.82.  EMPLOYMENT.
 
   A.   Unlawful Employment Practices.  It shall be an unlawful employment practice for any employer, employment agency or labor organization or any agent or employee thereof to do or attempt to do any of the following:
 
   1.   Fail or refuse to hire, or to discharge any person, or otherwise discriminate against any person with respect to compensation, terms, conditions or privileges of employment on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.
 
   2.   Limit, segregate or classify employees or applicants for employment in any manner which would deprive or tend to deprive any person of employment opportunities, or adversely affect his or her employment status on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.
 
   3.   Fail or refuse to refer for employment any person, or otherwise to discriminate against any person on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.
 
   4.   Fail or refuse to include in its membership or to otherwise discriminate against any person; or to limit, segregate or classify its membership; or to classify or fail or refuse to refer for employment any person in any way which would deprive or tend to deprive such person of employment opportunities, or otherwise adversely affect her or his status as an employee or as an applicant for employment on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.
 
   5.   Discriminate against any person in admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.
 
   B.   Bonafide Occupational Qualification not Prohibited; Burden of Proof.
 
   1.   Bona Fide Occupational Qualifications.  Nothing contained in this Section shall be deemed to prohibit selection, rejection or dismissal based upon a bona fide occupational qualification.
 
   2.   Burden of Proof.  Any action brought under this article, if a party asserts that an otherwise unlawful discriminatory practice is justified as a bona fide occupational qualification, that party shall have the burden of proving:  (1)  that the discrimination is in fact a necessary result of a bona fide occupational qualification; and  (2)  that there exists no less discriminatory means of satisfying the occupational qualification.
 
   C.   Exceptions.
 
   1.   It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide employee benefit system, provided such systems or plans are not a subterfuge to evade the purposes of this article; provided further that no such system shall provide an excuse for failure to hire any person.