Unlawful employment practices

(a)

Employers. It is an unlawful employment practice for an employer:

(1)

To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to that individual's compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status; or

(2)

To limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect that individual's status as an employee, because of such individual's race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status.

(b)

Employment agencies. It is an unlawful employment practice for an employment agency, on the basis of an individual's race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status, to:

(1)

Fail or refuse to refer such individual for employment or otherwise to discriminate against such individual; or

(2)

Classify or refer such individual for employment.

(c)

Labor organizations. It is an unlawful employment practice for a labor organization:

(1)

To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of that individual's race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status; or

(2)

To limit, segregate or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect that individual's status as an employee or as an applicant for employment, because of an individual's race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status; or

(3)

To cause, assist, or attempt to cause or assist an employer to discriminate against an individual in violation of this article.

(d)

Training programs. It is an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of that individual's race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status in admission to, or employment in, any program established to provide apprenticeship or other training.

(e)

Retaliation. It is an unlawful employment practice for an employer to discriminate against any of such employer's employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this article, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this article.

(f)

Advertising. It is an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print, publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any preference, limitation, specification, or discrimination based on race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status, when religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status is a bona fide occupational qualification for employment.

(g)

Alteration of test results. It is an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status.

(h)

Motivations for practice. Except as otherwise provided in this article, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status was a motivating factor for any employment practice, even though other factors also motivated the practice.

(i)

Intentional discrimination. A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this article.

(j)

Information gathering. Except as permitted and required by regulations of the board or city, or by applicable federal or state law, it is an unlawful employment practice for an employer or employment agency to elicit information about an employee's race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status or to keep or disclose a record of such information for the purposes of effecting discrimination.

(Ord. No. 92-147, § 2, 9-10-92; Ord. No. 2009-166, § 3, 11-19-09; Ord. No. 2010-2, § 2, 1-7-2010)