(a) No employer, labor organization or employment agency shall print or publish or cause to be printed or published a notice or advertisement relating to employment by the employer, membership in or a classification or referral for employment by the labor organization or classification or referral for employment by the employment agency, indicating a preference limitation, specification or discrimination, based on race, color, religion, sex or national origin. However, a notice or advertisement may indicate a preference limitation, specification or discrimination based on religion, sex or national origin as a bona fide occupational qualification for employment.
(b) Except as permitted by State statute or by applicable Federal law, no employer or employment agency shall commit the following discriminatory practices:
(1) Make or use a written or oral inquiry or form of application that elicits or attempts to elicit information concerning the race, color, religion or national origin of a prospective employee;
(2) Make or keep a record of such information or disclose the information; or
(3) Make or use a written or oral inquiry or form of application that expresses a preference, limitation or specification based on the sex of a prospective employee.
(c) Except where based on bona fide occupational qualifications, no employer, employment agency or labor organization shall penalize or discriminate in any manner against any individual because he has opposed any practice prohibited by this chapter or because he has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing hereunder.
(d) Except where based on bona fide occupational qualifications, no person willingly or knowingly, whether or not an employer, employment agency or labor organization, shall aid, abet, incite, compel or coerce the doing of any act declared by this chapter to be an unfair employment practice or prevent any other person from complying with the provisions of this chapter or with any order issued hereunder.
(e) Nothing in this chapter shall be construed to prohibit the procuring, by or in behalf of an employer, of information which such employer is required by the Federal government to obtain for national security purposes.
(Ord. 11-68. Passed 2-5-68.)
(f) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree for a first offense; for a second or subsequent offense such person is guilty of a misdemeanor of the third degree.