Except as otherwise provided in this chapter:
A. No employer shall discriminate in the employment, compensation, work
classifications, conditions or terms, promotion or demotion, or termination
of employment of any person.
B. No labor organization shall discriminate in limiting membership,
conditions of membership, or termination of membership of any person
in any labor union or apprenticeship program.
C. No employment agency shall discriminate in the procurement or recruitment
of any person for possible employment with an employer.
No person shall adopt, enforce or employ any policy, practice,
or requirement which has the effect of creating unequal opportunities
according to actual or perceived race, color, religion, national origin,
sex, age, height, weight, family status, marital status, physical
or mental disability, educational association, source of income, status
as a survivor of domestic violence, governmental identification method,
arrest record, or conviction history for a person to obtain employment,
public accommodation, or housing, except for a bona fide business
necessity. Such a bona fide business necessity does not arise due
to a mere inconvenience or because of suspected or actual objection
to such a person by neighbors, customers, or other persons but shall
require a demonstration that the policy or requirement is reasonably
necessary to the normal operation of the person's business.
Notwithstanding anything contained in this chapter, the following
practices shall not be violations of this chapter:
A. To engage in a bona fide effort to establish an affirmative action
program to improve opportunities in employment for minorities and
women consistent with applicable state and federal law.
B. To discriminate based on a person's age when such discrimination
is mandated by state, federal, or local law.
C. To refuse to enter into a contract with an unemancipated minor.
D. To refuse to admit to a place of public accommodation serving alcoholic
beverages a person under the legal age for purchasing alcoholic beverages.
E. To refuse to admit persons under 18 years of age to a business providing
entertainment or selling literature which the operator of said business
deems unsuitable for minors.
F. For an educational institution to limit the use of its facilities
to those affiliated with such institution.
G. For a religious organization to restrict employment opportunities
for officers, religious instructors and clergy to individuals of that
denomination. It is also permissible for a religious organization
to restrict employment opportunities, educational facilities, and
dormitories that are operated as a direct part of its religious activities
to persons who are members of the denomination involved or who agree
to conform to the moral tenets of that religious organization.
H. To provide discounts on products or service to students, or on the
basis of age.
I. For a governmental institution to restrict any of its facilities
or to restrict employment opportunities based on duly adopted institutional
policies that conform to federal and state laws and regulations.
J. To restrict participation in an instructional program, athletic event
or on an athletic team on the basis of age, sex, height, or weight
consistent with applicable state or federal laws and regulations.
K. To restrict membership in a private club that is not open to the
public except to the extent that private clubs which permit members
to invite guests on the premises are not exempted as it concerns a
member's guest.
L. To the use of marital status or family status limitations in a health
or pension plan if such limitations conform to federal and state laws
and regulations.
M. To discriminate in the provision of housing when based on a person's
conviction history when such discrimination is mandated by state or
federal law.