§ 12-84 — Exemptions to section 12-83

Sec. 12-84. - Exemptions to section 12-83.

Notwithstanding the foregoing the following are not discriminatory practices prohibited under article IV of this chapter: (a) A religious organization that employs an individual to perform work associated with the religious organization that insists employees adhere to the tenets of the religious organization as a condition of employment. An employee may express the employee's sincerely held religious or moral beliefs and commitments in the workplace in a reasonable, non-disruptive and non-harassing way on equal terms with similar types of expression of beliefs or commitments allowed by the employer in the workplace, unless the expression is in direct conflict with the essential business related interests or needs of the employer. (b) Nothing in this article shall require an employer to hire or retain unqualified individuals or to retain employees when there is a legitimate non-discriminatory or non-retaliatory reason to terminate employment. (c) Nothing in this article shall prohibit an employer from requiring an employee during the employee's hours of work to adhere to reasonable dress or grooming standards that are due to a business necessity and that are not prohibited by federal, state or local law. (d) An employer that observes the conditions of bona fide seniority system or affirmative action plan that is not a pretext to evade the purposes of this article. An affirmative action plan is any plan devised to effectuate remedial or corrective action taken in response to past discriminatory practices against a historically marginalized group, or as otherwise required by federal or state law.

(Ord. No. 115, § 4, 8-9-2021)