§ 12-7. Unlawful employment practices.

(a)

It is unlawful for an employer:

(1)

To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to that individual's compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, disability, familial status, or veteran status.

(2)

To limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect an individual's status as an employee, because of such individual's race, color, religion, sex, national origin, age, disability, familial status, or veteran status;

(3)

To reduce the wage rate of any employee in order to comply with this Chapter; or

(4)

To discriminate against any woman affected by pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.

(b)

It is unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of the individual's race, color, religion, sex, national origin, age, disability, familial status, or veteran status, or to classify or refer for employment any individual on the basis of race, color, religion, sex, national origin, age, disability, familial status, or veteran status.

(c)

It is unlawful for a labor organization to:

(1)

Exclude or to expel from its membership, or otherwise to discriminate against, any individual because of the individual's race, color, religion, sex, national origin, age, disability, familial status, or veteran status;

(2)

Limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect such individual's status as an employee or as an applicant for employment, because of the individual's race, color, religion, sex, national origin, age, disability, familial status, or veteran status; or

(3)

Cause or attempt to cause an employer to discriminate against an individual in violation of this Ordinance.

(d)

It is unlawful for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of the individual's race, color, religion, sex, national origin, age, disability, familial status, or veteran status in admission to, or employment in, any program established to provide apprenticeship or other training.

(e)

It is unlawful for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by such an employer, or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, national origin, age, disability, familial status, or veteran status. Notwithstanding the foregoing, an employer may indicate a preference based on disability or veteran status.

(f)

It is unlawful for an employer to discriminate against any employee or applicant for employment, for an employment agency or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he or she has opposed any practice made an unlawful employment practice by this Ordinance, or because he or she has filed a Complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Ordinance.

Furthermore, it is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Ordinance.

(g)

It is unlawful for a covered entity to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. As used in this subsection, the term "discriminate" includes:

(1)

Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of the applicant or employee;

(2)

Participating in a contractual or other relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this Ordinance. Such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs;

(3)

Using standards, criteria, or methods of administration that:

a.

Have the effect of discrimination on the basis of a disability; or

b.

Perpetuate the discrimination of others who are subject to common administrative control;

(4)

Excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

(5)

Not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;

(6)

Denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;

(7)

Using qualification standards, employment tests, or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job related for the position in question, is consistent with business necessity, and cannot be accomplished by reasonable accommodation as required under this Ordinance;

(8)

Failing to select and administer tests concerning employment in the most effective manner to ensure that when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the skills, aptitude, or whatever other factor of the applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of the employee or applicant, except where such skills are the factors that the test purports to measure;

(9)

Conducting a medical examination or making inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.

(10)

A covered entity may make pre-employment inquiries into the ability of an applicant to perform job-related functions, may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of the applicant, and may condition an offer of employment on the results of the examination, provided that:

a.

All entering employees are subjected to such an examination regardless of disability;

b.

Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that:

1.

Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;

2.

First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and

3.

Government officials investigating compliance with this section shall be provided relevant information on request;

c.

The results of the examination are used only in accordance with this section; and

(11)

A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity.

(12)

A covered entity may, however, make inquiries into the ability of an employee to perform job-related functions, and may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at the work site. Information obtained in such medical examinations or medical histories is subject to the same restrictions and requirements as information obtained pursuant to pre-employment medical examinations, as described in subsection 12-7(10)(g).

(Ord. of 8-3-1995, Art. IV, § 4.1, eff. 1-1-1995)