§ 460-2.006. Employment.

(a)

Unlawful Employment Practices. It shall be an unlawful employment practice for any person to do any of the following acts as a result of the fact, in whole or in part, that another person has AIDS or associated conditions, as that term is used in this chapter:

(1)

By an employer: To fail or refuse to hire or to discharge any individual; to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, including promotion; or to limit, segregate or classify employees in any way which would deprive or tend to deprive any individuals of employment opportunities, or otherwise and adversely affect his/her status as an employee;

(2)

By an employment agency: To fail or refuse to refer for employment any individual; or otherwise to discriminate against any individual;

(3)

By a labor organization: To exclude or expel from its membership or to otherwise discriminate against any individual; or to limit, segregate or classify its membership; or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive such individual from employment opportunities, or would limit such employment opportunities, or otherwise adversely affect his/her status as an employee or as an applicant for employment;

(4)

By an employer, employment agency or labor organization:

(A)

To discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining including any on-the-job training program,

(B)

To print, publish, advertise or disseminate in any way, or cause to be printed, published, advertised or disseminated in any way, any notice or advertisement with respect to employment, membership in, or any classification or referral for employment or training any such organization, which indicates an unlawful discriminatory act or preference.

(b)

Affirmative Defenses. The following constitutes affirmative defenses in any unlawful employment practice described in this section:

(1)

Nothing in this chapter shall be deemed to prohibit selection or rejection based upon a bona fide occupational qualification. A bona fide occupational qualification exists under this chapter where a defendant can demonstrate that the absence of AIDS as defined in Section 460-2.004(a) is reasonably necessary to the essence of the employer's business and that persons with AIDS as defined in Section 460-2.004(a) are unable to perform the duties of the position in question without risk of harm to themselves or others;

(2)

Nothing in this chapter shall be deemed to prohibit selection, rejection or assignment where, because of person actually suffers from AIDS, ARC or a related medical condition as defined in Section 4602.004(a), 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;

(3)

Nothing in this chapter shall be deemed to prohibit selection or rejection where it can be demonstrated that the employer, employment agency or labor organization is unable to reasonably accommodate a person who suffers from AIDS, ARC or a related medical condition as defined in Section 460-2.004(a), without undue hardship on the conduct of the employer's business.

(Ord. 89-35 § 1)