(A) Notwithstanding any other provision of this chapter, it is not unlawful for:
(1) An employer to hire and employ employees; or an employment agency to classify or refer for employment an individual; to classify its membership or to classify or refer for employment an individual; or for an employer, apprenticeship or other training or retraining programs to admit or employ an individual in such program on the basis of his or her religion, national origin or sex as a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise; or
(2) A church, school, college, university, or other religiously affiliated or educational institution to hire and employ individuals of a particular religious belief.
(3) An employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a seniority or merit system, or a system which determines earnings by quantity or quality of production, or customer satisfaction, or to employees who work in different locations, if the differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, familial status, age, disability, gender identity and sexual orientation; or
(4) An employer to give and to act upon the results of any professionally developed ability test provided that the test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, familial status, age, disability, gender identity and sexual orientation.
(B) An employer who has less than 8 employees within the city in each of 20 or more calendar weeks in the current or preceding calendar year, is exempt from the provisions of this chapter.
(Ord. 2015-002, passed 6-1-2015)