§ 5-3-15. EXEMPTIONS.

(A)

If an individual's religion, sex, sexual orientation, gender identity, national origin, age, or disability are a bona fide occupational qualification reasonably necessary for the normal operation of a particular business or enterprise, it is not an unlawful employment practice for:

(1)

an employer to hire and employ employees;

(2)

an employment agency to classify, or refer for employment an individual;

(3)

a labor organization to classify its membership or to classify or refer for employment an individual; or

(4)

an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ an individual in a program.

(B)

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:

(1)

the school, college or university or other educational institution or institution of learning is wholly or substantially owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society; or

(2)

the curriculum of the school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

(C)

It is not an unlawful employment practice for a religious corporation, association, educational institution, or society to hire and employ individuals of a particular religion to perform work connected with the activities of the corporation, association, educational institution, or society.

(D)

If it is not caused by an employer's intentional discrimination based on an employee's race, color, sex, sexual orientation, gender identity, religion, national origin, age, or disability, it is not an unlawful practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment based on:

(1)

a bona fide seniority or merit system;

(2)

a system which measures earnings by quantity or quality of production; or

(3)

to employees who work in different locations.

Source: 1992 Code Section 7-3-10; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.