<div class="chunk-title">Sec. 42-3. - Exemptions.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">General exceptions.</span> Notwithstanding the prohibition on discrimination in employment set forth in<a href="" data-chunk-id="COOR_CH42HURE_ARTINOOR_S42-2DIEMPR" class="section-link" data-product-id="12776"> 42-2</a>, it is not unlawful for:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               An employer to employ, admit, classify, or refer any individual on the basis of race,
               natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation, gender
               identity or expression, national origin or ancestry, marital or familial status, pregnancy,
               veteran status, religious belief or nonbelief, age, or disability, in those certain
               instances where race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual
               orientation, gender identity or expression, national origin or ancestry, marital or
               familial status, pregnancy, veteran status, religious belief or nonbelief, age, or
               disability status is a bona fide occupational qualification reasonably necessary to
               the normal operation of that particular business or enterprise.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               An employer to print or publish, or caused to be printed or published, any notice
               or advertisement indicating any preference, limitation, specification, or discrimination,
               based on race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation,
               gender identity or expression, national origin or ancestry, marital or familial status,
               pregnancy, veteran status, religious belief or nonbelief, age, or disability, in such
               instances when race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual
               orientation, gender identity or expression, national origin or ancestry, marital or
               familial status, pregnancy, veteran status, religious belief or nonbelief, age, or
               disability status is a bona fide occupation qualification for employment.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A school, college, university, or other educational institution, or institution of
               learning to hire and employ employees of a particular religion if such school, college,
               university, or other educational institution 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.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               An employer to apply different standards of compensation, or different terms, conditions,
               or privileges of employment pursuant to a bona fide seniority or merit system, or
               a system which measures earnings by quantity or quality of production or to employees
               who work in different locations, so long as the differences are not the result of
               an intention to discriminate because of race, natural hair or hairstyles, ethnicity,
               creed, color, sex, sexual orientation, gender identity or expression, national origin
               or ancestry, marital or familial status, pregnancy, veteran status, religious belief
               or nonbelief, age, or disability.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               An employer to give and to act upon the results of any professionally developed ability
               test provided that the test, its administration, or action upon the results is not
               designed, intended, or used to discriminate because of race, natural hair or hairstyles,
               ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national
               origin or ancestry, marital or familial status, pregnancy, veteran status, religious
               belief or nonbelief, age, or disability.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               An employer to differentiate upon the basis of sex in determining the amount of the
               wages or compensation paid or to be paid to employees of the employer if the differentiation
               is authorized by the provisions of section 6(d) of the Fair Labor Standards Act of
               1938, as amended (29 U.S.C. Â§ 206(d)).
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               An employer to refuse to assign or continue to assign an individual to a job involving
               food handling in any case in which such individual has an infectious or communicable
               disease that is:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Transmitted to others through the handling of food;
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Is included on the list developed by the Secretary of the United States Department
               of Health and Human Services pursuant to section 103(d) of the Americans with Disabilities
               Act of 1990, (42 U.S.C. Â§Â§ 12101, et seq.); and
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Cannot be eliminated by reasonable accommodation. Nothing in this subsection shall
               be construed to preempt, modify, or amend any state, county, or local law, ordinance,
               or regulation applicable to food handling.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Exceptions regarding drug and alcohol use.</span> Notwithstanding the prohibition on discrimination in employment set forth in<a href="" data-chunk-id="COOR_CH42HURE_ARTINOOR_S42-2DIEMPR" class="section-link" data-product-id="12776"> section 42-2</a>, it is not a violation of this article for an employer to:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Adopt or administer reasonable policies or procedures, including but not limited to
               drug testing.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Prohibit the illegal use of drugs and the use of alcohol at the workplace by employees.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Require that employees shall not be under the influence of alcohol or be engaging
               in the illegal use of drugs at the workplace.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Require that employees behave in conformance with the requirements established under
               the Drug-Free Workplace Act of 1988 (41 U.S.C. Â§Â§ 701 et. seq.).
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Hold an employee who engages in the illegal use of drugs or who is an alcoholic to
               the same qualification standards for employment or job performance and behavior that
               the entity holds other employees, even if any unsatisfactory performance or behavior
               is related to the drug use or alcoholism of the employee.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               With respect to federal regulations regarding alcohol and the illegal use of drugs,
               require that employees comply with the standards established in federal regulations
               of the department of defense, the nuclear regulatory commission, and/or the department
               of transportation, if the employees of the employer are employed in an industry subject
               to the regulations of any such federal agency.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Miscellaneous.</span> The prohibitions in this article against discrimination in employment based upon
               disability shall not be construed to prohibit or restrict:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               An insurer, hospital, medical service company, health maintenance organization, or
               any agent, or entity that administers benefit plans, or similar organizations from
               underwriting risks, classifying risks, or administering such risks that are based
               on or not inconsistent with state law; or
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A person or organization covered by this article from establishing, sponsoring, observing,
               or administering the terms of a bona fide benefit plan that are based on underwriting
               risks, classifying risks, or administering those risks that are based on or not inconsistent
               with State law; or
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A person or organization covered by this article from establishing, sponsoring, observing,
               or administering the terms of a bona fide benefit plan that is not subject to state
               laws that regulate insurance.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Nothing in this article shall be construed to require an individual with a disability
               to accept an accommodation, aid, service, opportunity, or benefit which such individual
               chooses not to accept;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Nothing contained in this article shall apply to a religious corporation, association,
               educational institution, or society with respect to the employment of individuals
               of a particular religion to perform work connected with the carrying on by such corporation,
               association, educational institution, or society of its activities.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               With respect to discrimination based on age, it is not unlawful for a employer to
               take any action otherwise prohibited under this article:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Where the differentiation is based on reasonable factors other than age;
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Where such practices involve an employee in a workplace in a foreign country, and
               compliance with those subsections would cause such employer, or a corporation controlled
               by such employer, to violate the laws of the country in which such workplace is located;
               or
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               To observe the terms of a bona fide seniority system; or
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               To observe the terms of a bona fide employee benefit plan; or
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               To discharge or otherwise discipline an individual for good cause.
               </p>
            		
            <p class="incr0">
               (7)
               </p>
            		
            <p class="content1">
               Nothing in this article shall be construed to prohibit compulsory retirement of any
               employee who has attained 65 years of age provided such retirement is part of a practice
               consistent with a bona fide employee retirement plan.
               </p>
            		
            <p class="historynote0">
               (Ord. No.
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1129356">
                  21-04-18
                  </a>
               , Â§ 1, 4-20-21)
               </p></div>