§ 5-5-3. EMPLOYMENT.

(A)

Prohibited activity. It shall be unlawful for any person to do any of the following acts as a result of the fact, in whole or in part, that a person has AIDS, or is an HIV-infected individual, or is perceived to have AIDS or to be an HIV-infected individual or to be at risk for any of the conditions described above:

(1)

By an employer. Refuse to consider for hire or refuse to hire, or to discharge any individual; to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, including promotion; or to limit, segregate or classify employees in any way which would deprive or tend to deprive such individual of employment opportunities, or otherwise adversely affect his/her status as an employee.

(2)

By an employment agency. To fail or refuse to refer for employment any individual; or otherwise to discriminate against any individual.

(3)

By a labor organization. To exclude or expel from its membership or to otherwise discriminate against any individual; or to limit, segregate or classify its membership; or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities, or otherwise adversely affect his/her status as an employee or as an applicant for employment.

(4)

By an employer, employment agency or labor organization:

(a)

to discriminate against any individual in consideration for, admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program; or

(b)

to print, publish, advertise or disseminate in any way, or cause to be printed, published, advertised or disseminated in any way, any notice or advertisement with respect to employment, membership in, or any classification or referral for employment or training by any such organization, which indicates an unlawful discriminatory act or preference.

(B)

Bona fide occupational qualification; burden of proof. In any action brought under Section 5-5-10 ( General Enforcement Guidelines ), if a person asserts that an otherwise unlawful discriminatory practice is justified as a bona fide occupational qualification, that person shall have the burden of proving that:

(1)

the discrimination is in fact reasonably related to the satisfactory performance of the duties of the job;

(2)

there is a factual basis for believing that a person of the excluded group would be unable to perform satisfactorily the duties of the job with safety; and

(3)

there exists no less discriminatory means of satisfying the occupational qualification.

Source: 1992 Code Section 7-5-3; Ord. 031106-12; Ord. 031211-11.