Employment

Unlawful employment practices. (Sec. 16-57)
It shall be an unlawful employment practice:

(a) For any employer:

• To fail or reuse refuse, to hire any applicant for employment or otherwise discriminate because of race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin; or

• Because of such reasons, to discharge an employee or discriminate against him or her with respect to hire, tenure, compensation, promotion, terms, conditions, or privileges of employment, or any other matter directly or indirectly related to employment; or

• In the recruiting of individuals for employment or in hiring them, to utilize any employment agency, placement service, training school or center, labor organization, or any other employee referring source which such employer knows, or has reasonable cause to know, discriminates against individuals because of their race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin;

• To treat disabilities caused or contributed to by pregnancy, miscarriage, childbirth or recovery therefrom, differently then other temporary disabilities under any health or temporary disability insurance, or sick leave plan available in connection with employment. Pay, tenure, benefits, seniority, and re-instatement shall be afforded in the same manner for medically necessary pregnancy-related absences as they are for other medically necessary absences.

(b) For any employment agency:

• To discriminate or to fail or refuse to classify properly or refer for employment or otherwise discriminate against any individual because of his or her race or color, sex, sexual orientation, religion, marital status, handicap, disability, age, or country of ancestral origin; or

• For any employment agency, placement service, training school or center, labor organization, or any other employee referring source to discriminate or to comply with an employer's request for the referral of job applicants if such request indicates either directly or indirectly that such employer will not afford full and equal employment opportunities to individuals regardless of their race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin;

(c) For any labor organization:

• To discriminate against or deny full and equal membership rights to any applicant for membership because of his or her race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin; or

• Because of such reasons, to deny a member full and equal membership rights, expel him or her from membership, or otherwise discriminate in any manner with respect to hire, tenure compensation, terms, conditions, or privileges of employment, or any other matter directly or indirectly related to membership or employment, whether or not authorized or required by the constitution or bylaws of such labor organization, or by a collective labor agreement or other contract; or

• To fail or refuse to classify properly or refer for employment, or otherwise to discriminate against any member because of his or her race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin;

To treat disabilities caused or contributed to by pregnancy, miscarriage, childbirth or recovery therefrom differently than any other temporary disabilities under any health or temporary disability insurance or sick leave plan available in connection with employment. Pay, tenure, benefits, seniority, and re-instatement shall be afforded in the same manner for medically necessary pregnancy-related absences as they are for other medically necessary absences.
(d) Except where based on a bona fide occupational qualification which has been certified by the commission, for any person, employer, employment agency, labor organization, placement service, training school or center, or any other employee referring source prior to employment or admission to membership of any individual, to:

(1) To discriminate or elicit or attempt to elicit any information directly or indirectly pertaining to the individual's race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin;

(2) Except where based on a valid affirmative action program or record keeping or reporting requirements to make or keep a record of the individual's race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin;

(3) Use any form of application or membership blank which contains questions or entries directly or indirectly pertaining to race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin;

(4) Conduct any interview in person or otherwise where information is elicited pertaining to race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin;

(5) To discriminate or to directly or indirectly print or publish or cause to be printed or published, circulated, broadcasted, issued, used, displayed, posted or mailed any written, printed, painted or oral communication, notice, or advertisement relating to employment or membership indicating any preference, denial, limitation, specification, qualification, or discrimination based upon race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin;

(6) Establish, announce, or follow a pattern, practice, or policy of denying, under utilizing or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race or color, sex, sexual orientation, religion, marital status, disability, age, or country of ancestral origin of such group;

(e) For any person, employer, employment agency, labor organization, placement service, training school or center, or any other employee referring source to discriminate in any manner against any individual or deny that individual because he or she has opposed any practice forbidden by this article, or because he or she has made a charge, testified, or assisted in any manner in an investigation, proceeding, or hearing under this article;

(e) For any person, whether or not an employer, employment agency, labor organization, placement, service training school or center, or employee, to aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful employment practice, or to obstruct or prevent any person from complying with the provisions of this article or any regulation or order issued hereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful employment practice.

(Ord. 1979, ch. 79-1, § 7, 1-22-79; Ord. 1985, ch. 85-77, § 7, 9-5-85, Ord. No. 1995, ch. 95-20, 8-17-95)