A. No part of this article shall apply to any bona fide religious organization.
B. No part of this Article shall apply where a course of conduct is pursued which is necessary to protect the health or safety of the general public.
1. Burden of Proof. In any action brought under this Article, if a party asserts that an otherwise unlawful discriminatory practice is justified as necessary to protect the health or safety of the general public, that party shall have the burden of proving; (1) that the discrimination is in fact a necessary result of a necessary course of conduct pursued to protect the health or safety of the general public; and (2) that there exists no less discriminatory means of satisfying the necessary protection of the health or safety of the general public.
2. Compliance with Department of Health and Human Services Guideline. Within the meaning of this section, a practice is deemed necessary to protect the health or safety of the general public if that practice is consistent with the United States Department of Health and Human Services Guidelines entitled “Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy - Associated Virus in the Workplace,” published in November 1985. (Added by Ord. No. 161,340, Eff. 7/17/86.)