(A) Nothing contained in this division 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 the race, color, religion, national origin, sex, age, or disability 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, religion, national origin, sex, age, or disability employed by an employer, referred, or classified for employment by an employment agency or labor organization, admitted to membership or classified by a labor organization, or admitted to, or employed in, an apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, national origin, sex, age, or disability in the state or a community, section, or other area, or in the available workforce in the state or a community, section or other area.
(B) Nothing contained in this division regarding age prohibits:
(1) Minimum hiring ages otherwise provided by law;
(2) City compliance with federal regulations;
(3) Termination of the employment of any person who is unable to perform his duties;
(4) Any physical or medical examinations of applicants or employees which an employer requires to determine fitness for the job or position sought or held;
(5) An employer, labor organization, or employment agency from observing the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan which is not a subterfuge to evade the purposes of this article, except that no such employee benefit plan shall excuse the failure to hire any individual.
(1976 Code, § 9-42(c))
_________________
Statutory reference:
Similar provisions, see KRS 344.110.