[Amended 9-28-2009 by Ord. No. 53-2009]
It shall be an unlawful employment practice, except where based upon applicable national security regulations established by the United States, by the Commonwealth of Pennsylvania, or by any political subdivision of the commonwealth having jurisdiction in the City, or where based upon a bona fide occupational qualification:
A. For any employment 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, religion, ancestry, sexual orientation, gender identity or expression, national origin, age, sex, familial status, non-job-related handicap, or previous filing of a complaint of discrimination.
B. 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 or membership opportunities of any person or group of persons because of race, color, religion, ancestry, sexual orientation, gender identity or expression, national origin, age, sex, familial status, non-job-related handicap or previous filing of a complaint of discrimination.
C. For any employer, labor organization, employment agency or any joint labor management committee controlling apprentice training programs to deny or to withhold from any person the right to be admitted to or participate in a guidance program, an apprenticeship training program, and on the job training program or any other occupational training program because of race, color, religion, ancestry, sexual orientation, gender identity or expression, national origin, age, sex, familial status, non-job-related handicap or previous filing of a complaint of discrimination.
D. For any employer, employment agency or labor organization to require of any applicant for employment or membership any information concerning race, color, religion, ancestry, sexual orientation, gender identity or expression, national origin, age, sex, familial status, non-job-related handicap, or previous filing of a complaint of discrimination, except when necessary to affirmatively promote minority hiring or promotion.
E. 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, religion, ancestry, sexual orientation, gender identity or expression, national origin, age, sex, familial status, non-job-related handicap or previous filing of a complaint of discrimination.
F. For any employment agency to fall or refuse to classify properly or refer to employment or otherwise to discriminate against any person because of race, color, religion, ancestry, sexual orientation, gender identity or expression, national origin, age, sex, familial status, non-job-related handicap or previous filing of a complaint of discrimination.
G. For any employer to confine or limit recruitment or hiring of employees, with intent to circumvent the spirit and purpose of this Part, 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, religion, ancestry, sexual orientation, gender identity or expression, national origin, age, sex, familial status, non-job-related handicap or previous filing of a complaint of discrimination.
H. For any labor organization to discriminate against any person in any way which would deprive or limit his employment opportunities or otherwise adversely affect this 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, religion, ancestry, sexual orientation, gender identity or expression, national origin, age, sex, familial status, non-job-related handicap or previous filing of a complaint of discrimination.
I. For any employer, employment agency or labor organization to discriminate against any person because he has opposed any practice forbidden by this Part or because he had made a complaint or testified or assisted in any manner in any investigation or proceeding under this Part or a substantially similar state and/or federal law.
J. 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 unlawful employment practice by this Part or to obstruct or prevent any person from enforcing or complying with the provisions of this Part or any rule, regulation or order of the Commission, or to attempt, directly or indirectly, to commit any act declared by this Part to be an unlawful employment practice.
K. Notwithstanding any provision of this section, it shall not be an unlawful employment practice for a religious corporation or association to hire or employ any person on the basis of the sex or religion of that person in those certain instances where sex or religion is a bona fide occupational qualification because of the religious beliefs, practices or observances of the corporation or association.