A. Definitions: In this chapter the terms contained in this section apply unless the context otherwise requires:
EMPLOYER: Any person who employs five (5) or more employees, exclusive of the parents, spouse, or children of such person, including the city, its departments, boards, commissions, and authorities, and any other governmental agency within its jurisdiction, but excluding any religious, fraternal, or sectarian organization which is not supported in whole or part by any governmental appropriations.
EMPLOYMENT: Does not include the employment of individuals in domestic service.
EMPLOYMENT AGENCY: Any person regularly undertaking with or without compensation to procure opportunities for employment or to procure, recruit, refer or place employees.
LABOR ORGANIZATION: Any organization which exists for the purpose in whole or in part of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment.
B. Unlawful Acts: It is an unlawful employment practice, except where based upon applicable national security regulations established by the United States, by the state, or by any political subdivision of the state having jurisdiction in the city:
1. For any employer to refuse to hire any person or otherwise to discriminate against any person with respect to hiring, tenure, compensation, promotion, discharge or any other terms, conditions or privileges, directly or indirectly related to employment, because of race, color, sex, religion, family status, ancestry, national origin or place of birth;
2. For any employer, employment agency or labor organization to establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, the employment of membership opportunities of any person or group of persons because of race, color, sex, religion, family status, ancestry, national origin or place of birth;
3. For any employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs to deny to or withhold from any person the right to be admitted to or participate in a guidance program, an apprenticeship training program, an on the job training program or any other occupational training program because of race, color, sex, religion, family status, ancestry, national origin or place of birth;
4. For any employer, employment agency or labor organization to require of any applicant for employment or membership any information concerning race, color, sex, religion, family status, ancestry, national origin or place of birth;
5. For any employer, employment agency or labor organization to publish or circulate, or to cause to be published or circulated, any notice or advertisement relating to employment or membership which indicates any discrimination because of race, color, sex, religion, family status, ancestry, or national origin or place of birth;
6. For any employment agency to fail or refuse to classify properly or refer to employment or otherwise to discriminate against any person because of race, color, sex, religion, family status, ancestry, national origin or place of birth;
7. For any employer substantially to confine or limit recruitment or hiring of employees, with intent to circumvent the spirit and purpose of this chapter, to any employment agency, employment service, labor organization, training school, training center or any other employee referring source which serves persons who are predominantly of the same race, color, sex, religion, ancestry, national origin or place of birth;
8. For any labor organization to discriminate against any person in any way which would deprive or limit his employment opportunities or otherwise adversely affect his status as an applicant for employment or as an employee with regard to tenure, compensation, promotion, discharge, or any other terms, conditions, or privileges directly or indirectly related to employment because of race, color, sex, religion, family status, ancestry, national origin, or place of birth;
9. For any employer, employment agency or labor organization to discriminate against any person because he has made a valid complaint, testified or assisted in any legal manner in any investigation or proceeding under this chapter;
10. For any person, whether or not an employer, employment agency or labor organization, to aid, incite, compel, coerce or participate in the doing of any act declared to be an unlawful employment practice by this chapter, or to obstruct or prevent enforcement of the provisions of this chapter, or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful employment practice.
C. Exceptions: It is not a discriminatory practice:
1. For an employer to hire and employ an employee, or an employment agency to classify or refer for employment an individual, for a labor organization to classify its membership or to classify or refer for employment an individual, or for an employer, labor organization, or joint labor-management committee controlling an apprenticeship or other training or retraining program to admit or employ an individual in the program on the basis of his race, color, religion, family status, sex, or national origin if race, color, sex, religion, family status, ancestry, national origin or place of birth is a bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise; or
2. For a school, college, university, or other educational institution to hire and employ an employee of a particular religion if the school, college, university, or other educational institution is, in whole or substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of the school, college, university, or other educational institution is directed toward the propagation of a particular religion;
3. To apply different standards of compensation or different terms, conditions, privileges or responsibilities of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if the differences are not the result of an intention to discriminate because of race, color, sex, religion, family status, ancestry, national origin or place of birth; or
4. To give and to act upon the results of a professionally developed ability test if the test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, sex, religion, family status, ancestry, national origin or place of birth;
5. Nothing contained in this chapter requires an employer, employment agency, labor organization, or joint labor-management committee subject to this chapter to grant preferential treatment to an individual or to a group because of race, color, sex, religion, family status, ancestry, national origin or place of birth of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, sex, religion, family status, ancestry, national origin or place of birth employed by an employer, referred or classified for employment by an employment agency or labor organization, or admitted to or employed in an apprenticeship or other training or retraining program, in comparison with the total number or percentage of persons of the race, color, sex, religion, family status, ancestry, national origin or place of birth, in the state or community, section, or other area, or in the available work force in the state or community, section, or other area. It is not a discriminatory practice, however, for a person subject to this chapter to adopt and carry out a plan to eliminate or reduce imbalance with respect to race, color, sex, religion, family status, ancestry, national origin or place of birth, if the plan has been filed with the commission under regulations of the commission, and the commission has not disapproved the plan;
6. Notwithstanding any other provisions of this chapter, it is not an unlawful employment practice because of sex to differentiate in employment, compensation, terms, conditions or privileges of employment between male and female employees if such differences are otherwise required or permitted by the laws of the state or by the provisions of the federal civil rights act of 1964, as amended, or by the provisions of section 6(d) of the federal fair labor standards act of 1938, as amended; nor is it an unlawful plan to provide for the retirement of female employees at a younger age than male employees, or to provide differences in annuity, death and survivors' benefits between widows and widowers of employees. (Ord. 2026, 2014)