Sec. 402.210. - Exceptions.

It is not an unlawful employment practice: (a) For an employer to hire and employ an employee, for an employment agency to classify or refer for employment an individual, for a labor organization to classify its membership or to classify or to refer for employment an individual or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ an individual in the program on the basis of religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability where religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business enterprise. (b) For a school, college, university or other educational institution to hire and employ an employee of a particular religion if the school, college, university or other educational institution is, in whole or substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society or if the curriculum of the school, college, university or other educational institution is directed toward the propagation of a particular religion. (c) For an employer to fail or refuse to hire and employ an individual for a position, for an employer to discharge an individual from a position, for an employment agency to fail or refuse to refer an individual for employment in a position or for a labor organization to fail or refuse to refer an individual for employment in a position if: (1) The occupancy of the position or access to the premises in or upon which a part of the duties of the position is performed or is to be performed is subject to a requirement imposed in the interest of the national security of the United States under a security program in effect pursuant to or administered under a statute of the United States or an executive order of the President; and (2) The individual has not fulfilled or has ceased to fulfill that requirement. (d) For an employer to terminate, discharge or lay off an employee because the employee was convicted under Section 402.402 of filing a malicious complaint against the employer. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E , § 2; Ord. 2020-244-E , § 3) Note— Former § 152.208.