(A) It shall be an unlawful employment practice:

(1) For any employer to refuse to hire, discharge, or discriminate against any person because of race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, handicap, or marital status with respect to tenure, promotions, terms, conditions or privileges of employment or with respect to any matter directly or indirectly related to employment.

(2) For any employer, employment agency or labor organization to establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, the employment or membership opportunities, of any individual or group because of race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, handicap or marital status.

(3) For any employer, employment agency or labor organization prior to employment or admission to membership to:

(a) make any inquiry concerning, or make any record of the race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, past handicap or marital status of any applicant for employment or membership.

(b) use any form of application for employment of personnel or membership blanks containing questions or entries regarding race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, past handicap or marital status.

(c) cause to be printed, published, or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, handicap or marital status.

(4) For any employment agency because of a person's race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, handicap or marital status to:

(a) fail or refuse to classify properly or refer for employment;

(b) otherwise discriminate against any person.

(c) Exemptions:

(.1) If an employer makes application to the Commission on Human Relations and the Commission finds that a job classification has characteristics which would provide a reasonable basis upon which only male or female personnel should be employed, then no employer shall be considered to violate the provisions of this ordinance with regard to that job classification.

(5) For any labor organization to discriminate against any individual or to limit, segregate or classify its membership in any way which would deprive such individual of employment opportunities or limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment or would affect adversely his wages, hours or conditions of employment, because of race, religion, color, sex, sexual orientation, gender identity, national origin, ancestry, age, handicap or marital status.

(6) For any employer, employment agency or labor organization to penalize or discriminate in any manner against any individual because he has opposed any practice forbidden by this Chapter or because he has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing hereunder.

(7) For any person to aid, abet, incite, compel or coerce the doing of any unfair employment practice or to obstruct or prevent any person from complying with the provisions of this Chapter or any order issued hereunder or to attempt directly or indirectly to commit any act declared by this Chapter to be an unfair employment practice.

(B) Exceptions. It shall not be an unlawful employment practice for:

(1) An employer to express a preference for a certain kind of applicant where the position to be filled requires special qualifications, skills or experience.

(2) An employer to express a preference for a certain kind of applicant where the position to be filled is that of a domestic or the position is of a personal or confidential nature.

(3) An employer, employment agency or labor organization to inquire as to the existence and nature of any present handicap to determine whether such handicap substantially interferes with the ability to perform the essential functions of the employment which is applied for, is being engaged in or has been engaged in.

(4) An employer, employment agency or labor organization to inquire into the age of any individual where age is a bona fide occupational qualification.

(5) An employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this Chapter, except that no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual because of the age of such individual, and no such employee benefit plan shall excuse the failure to provide to the Life Partner of any employee any benefit that is provided to the dependent of any employee.

(6) An employer to discharge or otherwise discipline an employee for good cause.

(C) Employee benefits. Nothing in this Section shall apply with respect to employee benefits offered by an employer whose employee benefits plan is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), including, but not limited to, employee benefits that are not part of an "employee benefits plan" as defined by ERISA.[657]