a.
It shall be unlawful employment practice for the Township, any employee,
or supervisor to do or attempt to do any of the following as a result
of the fact, in whole or in part, that a person has AIDS, associated
conditions or other contagious disease.
1.
Fail or refuse to hire, or to discharge any person, or otherwise
to discriminate against any person with respect to compensation, terms,
conditions or privileges of employment;
2.
Limit, segregate or classify employees or applicants for employment
in any manner which would deprive or tend to deprive any person of
employment opportunities, or adversely affect his or her employment
status;
3.
Fail or refuse to refer for employment any person, or otherwise to
discriminate against any person;
4.
Fail or refuse to include in its membership or to otherwise discriminate
against any person; or to limit, segregate or classify or fail or
refuse to refer for employment any person in any way which would deprive
or tend to deprive such person of employment opportunities, or otherwise
adversely affect his or her status as an employee or as an applicant
for employment;
5.
Discriminate against any person in admission to, or employment in,
any program established to provide apprenticeship or other training
or retraining, including any on-the-job training program.
a.
Nothing contained in this section shall be deemed to prohibit selection,
rejection or dismissal based upon a bona fide occupational qualification.
A bona fide occupational qualification exists under this section where
an employee can demonstrate that the absence of AIDS or other contagious
disease is reasonably necessary to the essence of the Township's business
and that all or substantially all persons with AIDS or other contagious
disease are unable to perform the duties of the position in question
without harm to themselves or others.
b.
Nothing in this section shall be deemed to prohibit selection, rejection,
or assignment, where, because a person has AIDS or other contagious
diseases, he/she is unable to perform his or her duties, or cannot
perform such duties in a manner which would not endanger his or her
health or safety or the health and safety of others;
c.
Nothing in this section shall be deemed to prohibit selection or
rejection where it can be demonstrated that the employer is unable
to reasonably accommodate a person who has AIDS or other contagious
diseases, without undue hardship on the conduct of the Township's
business.
d.
In any action brought under this policy, if a party asserts that
an otherwise unlawful discriminatory practice is justified as a bona
fide occupational qualification, that party shall have the burden
of proving: (1) that the discrimination is in fact a necessary result
of a bona fide occupational qualification; and (2) that there exists
no less discriminatory means of satisfying the occupational qualification.
It shall not be an unlawful discriminatory practice for the
Township to observe the conditions of a bona fide employee benefit
system, provided such systems or plans are not a subterfuge to evade
the purposes of this section.
It shall be an unlawful practice for any employee to deny any
person the full and equal enjoyment of, or to impose different terms
and conditions on the availability of any of the following as a result
of the fact, in whole or in part, that a person has AIDS or associated
conditions:
a.
The affirmative defenses described herein shall be applicable to
the preceding sections. In any action where a party asserts that an
otherwise unlawful discriminatory practice is justified as necessary
to protect the health or safety of a person who has AIDS or other
contagious diseases or associated conditions or the health and safety
of the general public, that party may establish a defense by proving:
1.
That the discriminatory act is necessary to avoid an imminent and
substantial risk to the person who has AIDS, or other contagious diseases,
or associated conditions, or
2.
That the discriminatory act is necessary to avoid a danger to others
significantly greater than that posed by persons without AIDS, or
other contagious disease, and
3.
That there exists no less discriminatory means of protecting health
and safety.
b.
The Township shall not require another to take any test or undergo
any medical procedure designed to show or help to show that a person
has AIDS or other contagious diseases or any of the associated conditions
covered by this policy. This does not apply if the Township can show
that the absence of AIDS or contagious disease is a bona fide occupational
qualification as defined above.
