§ 9-1104. Exemptions from Unlawful Employment Practices.

   (1)   Nothing in this Chapter 9-1100 related to unlawful employment practices shall apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by any such corporation, association, educational institution, or society of its religious activities. 1106

   (2)   It shall not be an unlawful employment practice for:

      (a)   An employer to express a preference on the basis of religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

      (b)   An employer, employment agency or labor organization to make inquiries into the ability of an employee or applicant to perform essential job functions.

      (c)   An employer, employment agency or labor organization to inquire into the age of any individual where age is a bona fide occupational qualification necessary to the normal operation of that particular business, enterprise, or organization.

      (d)   An employer to express a preference in the hiring or firing of an individual in a personal or confidential capacity, provided such work in a personal or confidential capacity is not work as a domestic worker, as defined in Chapter 9-4500 ("Protections for Domestic Workers"). 1107

      (e)   An employer, employment agency or labor organization to observe the terms of a bona fide seniority system, which is not a subterfuge to evade the purposes of this Chapter.

      (f)   The City to observe the terms of 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 Chapter, except that no such employee benefit plan shall excuse the failure to provide to the Life Partner of any employee any benefit that is provided to the dependent of any employee.

   (3)   Nothing in this Chapter 9-1100 related to unlawful employment practices shall apply with respect to employee benefits offered by an employer whose employee benefits plan is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), or to a church plan as defined in ERISA. 1108

 

Notes

1106	Amended, Bill No. 220664 (approved January 16, 2023).
1107	Amended, Bill No. 190607 (approved November 12, 2019), effective May 1, 2020.
1108	Added, Bill No. 970750 (approved May 19, 1998); amended, Bill No. 220664 (approved January 16, 2023).