§ 36-28. Exemptions.

(a)

This article shall not apply to a corporation, association, educational institution, or society that is exempt from the religious discrimination provisions of Title VII of the Civil Rights Acts of 1964, pursuant to section 702(a) of such Act (42 U.S.C. 2000e-1(a)), or as such section may hereafter be amended. For purposes of this article, such corporations, associations, educational institutions, or societies shall include religious corporations, associations, educational institutions, or societies which condition opportunities in the area of employment to members of a religious corporation, associations, educational institution, or society or to persons who subscribe to its beliefs.

(b)

Notwithstanding any other provision of this article, it shall not be a discriminatory practice for a school, college, university or other educational institution or institution of learning to hire and employ individuals of a particular religion or individuals whose beliefs are consistent with a particular religion if such school, college, university, or other educational institutional 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.

(c)

Notwithstanding any other provision of this article, it shall not be a discriminatory practice for an employer, employment agency, labor organization to:

(1)

Take or fail to take any action on the basis of age, race, marital status, religion, national origin, disability, familial status, personal gender identity, sex, or sexual orientation in those certain instances in which age, race, color, religion, national origin, absence of a particular disability, marital status, familial status, personal gender identity, sex, or sexual orientation are bona fide occupational qualifications reasonably necessary for the performance of a particular employment to which such action or inaction is related;

(2)

Observe the terms of a bona fide seniority system, a bona fide employee benefit plan such as a retirement pension, or insurance plan, or a system which measures earnings by quantity or quality of production, which is not designed, intended, or used to evade the purposes of this article, provided that; (a) no such employee plan or system which measures earnings shall excuse the failure to hire, and no such seniority system, employee benefit plan, or system which measures earnings shall excuse the involuntary retirement of, any individual on the basis of any factor not related to the ability of such individual to perform the particular employment for which such individual has applied or in which such individual is engaged; (b) this subsection (c)(2)(b) shall not be construed to make unlawful the rejection or termination of employment when the individual applicant or employee has failed to meet bona fide requirements for the job or position sought or held or to require any changes in any bona fide retirement or pension programs or existing collective bargaining agreements during the life of the contract, or for two years after July 1, 2011, which occurs first, or to preclude such physical and medical examinations of applicants and employees as an employer may require of applicants and employees to determine fitness for the job or position sought or held;

(3)

Give and act upon the results of any professionally developed or validated ability test, provided that such test, its administration, or action upon the results, is not designed, intended, or used to discriminate because of age, race, color, religion, national origin, disability, marital status, familial status, sex, personal gender identity or sexual orientation;

(4)

Take or fail to take any action on the basis of age, pursuant to law or regulation governing any employment or training program designed to benefit individuals of a particular age group; or

(5)

Take or fail to take any action on the basis of familial or marital status if that status is prohibited under its anti-nepotism policy.

(Ord. No. 2011-17, § I, 5-19-11)