It shall be deemed an unlawful practice to discriminate in employment against any person based upon race, color, religion, national origin, sex, age (40 years or older), disability, sexual orientation, gender identity or familial status in violation hereof.
(A) It shall be deemed an unlawful employment practice for:
(1) An employer or employment agency to fail or refuse to hire or to discharge any person or otherwise discriminate against any person with respect to his or her terms or conditions of employment;
(2) An employer or employment agency to limit, segregate or classify employees in any manner that would deprive or tend to deprive any person from employment opportunities or otherwise adversely affect his or her status and an employee;
(3) A labor organization to exclude or to expel from its membership or to otherwise discriminate against a member or applicant for membership;
(4) A labor organization to limit, segregate or classify employees in any manner that would deprive or tend to deprive any person of employment opportunities or otherwise adversely affect his or her status as an employee; or
(5) For an employer, labor organization or employment agency to print, publish or cause to be printed or published, any notice, advertisement, classification or referral for employment imposing any limitation, preference or specification, except that such notice, advertisement, classification or referral for employment may indicate such a limitation, preference or specification.
(B) Nothing herein shall prevent an employer from enforcing a written employee dress code or policy, a written drug code or policy or designating appropriate restrooms and shower facilities.
(C) The following exemptions shall apply:
(1) An employer to hire and employ employees; or an employment agency to classify or refer for employment a person; to classify its membership or to classify or refer for employment a person; or, for an employer, apprenticeship or other training or retraining programs to admit or employ a person in such program if the differences are not the result of an intention to discriminate on the basis of race, color, religion, national origin, sex, age (40 years or older), disability, sexual orientation, gender identity, or familial status as a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise;
(2) A church, school, college, university or other religiously affiliated or educational institution to hire and employ persons of a particular religious belief;
(3) An employer to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to 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, age (40 years or older), disability, sexual orientation, gender identity or familial status; 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, age (40 years or older), disability, sexual orientation, gender identity or familial status.
(Ord. O-2020-005, passed 3-10-2020)