547.03 UNLAWFUL DlSCRIMlNATORY PRACTICES: EMPLOYMENT.

   It shall be an unlawful discriminatory practice:

   (a)    For any employer to:

      (1)    Refuse to hire or discharge without just cause any person or otherwise to discriminate against any person with respect to hire, compensation, tenure, terms, conditions or privileges of employment, or any matter directly related to employment because of such persons race, natural hair types and natural hair styles commonly associated with race, color religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status or handicap; or

      (2)    Limit, segregate or classify employees or applicants for employment in any way which would deprive any person of employment opportunities or otherwise adversely affect any persons status as an employee, because of such person's race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status or handicap.

      (3)    Substantially 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, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, ancestry, national origin, place of birth, age, marital status or handicap.

      (4)    It shall not be unlawful for any employer to take any action otherwise prohibited under subsections (a)(1), (2) or (3) hereof, where age, sex or handicap is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age, sex or handicap.

   (b)    For any employment agency to:

      (1)    Fail or refuse to accept, register, classify properly or refer for employment, or otherwise to discriminate against any person because of such person's race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status or handicap;

      (2)    Comply with a request from an employer for referral of applicants for employment if the request indicates directly or indirectly that the employer fails to comply with the provisions of this section;

      (3)    It shall not be unlawful for any employment agency to take any action otherwise prohibited under subsections (b)(1) or (2) hereof, where age, sex or handicap is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the differentiation is based on reasonable factors other than age, sex or handicap.

   (c)    For any labor organization to:

      (1)   Limit or classify its membership on the basis of, exclude or expel from its membership, or otherwise discriminate against any person because of such person's race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status or handicap.

      (2)    Limit, segregate or classify its membership or to classify or refuse to refer for employment any person, in any way which would deprive or tend to deprive any person of employment opportunities or would limit such employment opportunities or otherwise adversely affect the status, wages, hours of employment conditions of any employee, or applicant for employment because of such person's race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status or handicap.

      (3)    It shall not be unlawful for any labor organization to take any action otherwise prohibited under subsections (c)(1) or (2) hereof where age, sex, or handicap is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the differentiation is based on reasonable factors other than age, sex or handicap.

   (d)    For any employer, labor organization or joint labor-management committee controlling apprenticeship or other training programs, to discriminate in on-the-job training programs, to discriminate against any person because of such person's race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status or handicap in admission to, or employment in any programs established to provide apprenticeship or other training or retraining.

   (e)    Except where based on a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise for the employer, employment agency, or labor organization, joint labor management committee controlling apprenticeship or other training or retraining programs, or other persons engaged in advertising or publicizing training or employment opportunities to:

      (1)   Elicit or attempt to elicit any information concerning race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, age, marital status, handicap or place of birth of an applicant for employment or membership except where required or permitted by the Human Relations Commission or by the government of the United States, or any department or agency thereof, or by the State or any department thereof, or by any court of competent jurisdiction; or

      (2)    Make or keep a record of the race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status or handicap of any applicant for employment or membership except where required or permitted by the Human Relations Commission, or by the government of the United States or any department or agency thereof, or by the State or any department or agency thereof, or by any court of competent jurisdiction; or

      (3)    Use any form of application for employment, personnel or membership blank seeking to elicit information regarding race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status, or handicap except where required or permitted by the Human Relations Commission or by the government of the United States or any department or agency thereof, or by the State or any department or agency thereof, or by any court of competent jurisdiction. However, an employer holding a contract containing a nondiscrimination clause with the government of the United States or any department or agency thereof, may require an employee or applicant for employment to furnish documentary proof of United States citizenship and may retain such proof in his personnel records and may, after an employee is hired require photographic or fingerprint identification for security purposes; or

      (4)    Print, publicize, circulate, advertise or cause to be printed, published, circulated, advertised or publicized, any statement, notice or advertisement relating to employment or membership indicating directly or indirectly any preference, limitation, specification, classification or discrimination, based upon race, natural hair types and natural hair styles commonly associated with race, color religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status or handicap.

      (5)    Utilize in the recruitment or hiring of persons any employment agency, placement service, training school or center, labor organization, joint labor-management committee controlling apprenticeship or other training or retraining or any other employee-referring source which discriminates against persons because of their race, natural hair types and natural hair styles commonly associated with race, color religion, sexual orientation, gender identity, sex, national origin, ancestry, place of birth, age, marital status or handicap.

   (f)    For any persons seeking employment to publish or cause to be published any advertisement which specifies or in any manner indicates race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, national origin, ancestry, place of birth or express a limitation or preference as to the race, natural hair types and natural hair styles commonly associated with race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, place of birth, age, marital status or handicap of any prospective employer.

      (Ord. 21-84. Passed 3-17-21.)