A. It is unlawful employment practice for any person, or any agent or employee of such person, to do or attempt to do any of the following on the basis (in whole or in part) that an individual has AIDS:
1. By an Employer. Fail or refuse to hire, discharge, or discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, including promotion; or limit, segregate or classify employees in any manner which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect an individual's employment status.
2. By an Employment Agency. Fail or refuse to refer for employment any individual, or otherwise discriminate against any individual.
3. By a Labor Organization. Fail or refuse to include in its membership, expel from its membership, or otherwise discriminate against any individual; or limit, segregate or classify its membership; or classify or fail or refuse to refer for employment and individual in any way which would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities, or otherwise adversely affect an individual's status as an employee or as an applicant for employment;
4. By an Employer, Employment Agency or Labor Organization. Discriminate against any individual in admission to or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program;
B. Nothing in this chapter shall be deemed to prohibit selection, rejection, dismissal or any other employment practice based upon a bona fide occupational qualification. Any person who asserts that an otherwise unlawful discriminatory practice is justified based upon a bona fide occupational qualification shall have the burden of proving that:
1. The discrimination is in fact a necessary result of a bona fide occupational qualification; and
2. There exists no less discriminatory means of satisfying the occupational qualification.
C. Nothing in this chapter shall be deemed to prohibit selection or rejection where, because a person actually suffers from AIDS, he or she is unable to perform his or her duties, or cannot perform such duties in a manner which would not endanger his or her health or safety or the health and safety of others.
D. It is not unlawful employment practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system, provided such systems or plans are not a subterfuge to evade the provisions of this chapter. (Prior code § 74.01.115)