Exemptions

(a)

Notwithstanding any other provision of this article:

(1)

It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of that individual's race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and

(2)

It is not an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in 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 such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

(b)

Notwithstanding any other provision of this article, it is not an unlawful employment practice for an employer to fail or refuse to hire and employ an individual for any position, for an employer to discharge an individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position:

(1)

If the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any executive order of the President; and

(2)

If such individual has not fulfilled or has ceased to fulfill that requirement.

(c)

Notwithstanding any other provision of this article:

(1)

It is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status;

(2)

It is not an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status.

(d)

Nothing contained in this article shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this article to grant preferential treatment to any individual or to any group because of the race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status of such individual or group, on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number of percentage of persons of such race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status in any community, state, section or any other area, or in the available work force in any community, state, section or other area.

(e)

The provisions in this article relating to sexual orientation and gender identity or expression shall not apply to any religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society.

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

Secs. 12-37—12-45. - Reserved.

DIVISION 3. - ENFORCEMENT