§ 9.40.040. Employment.

A.

Unlawful Employment Practices. It shall be an unlawful employment practice for any employer, employment agency or labor organization, or any agent or employee thereof, to do, attempt to do, or threaten to do any of the following acts as a result, in whole or in part, of another person having AIDS, ARC or other related condition (as defined in this chapter):

1.

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

2.

By an employment agency: To fail or refuse to refer for employment any person; to fail or refuse to offer to a prospective employer any otherwise qualified person; or otherwise to discriminate against any person;

3.

By a labor organization: To exclude or expel from its membership or to otherwise discriminate against any person; to limit, segregate or classify its membership; to classify or fail or refuse to refer for employment any person in any way that would deprive or tend to deprive such person of employment opportunities, or would limit such employment opportunities, or otherwise adversely affect his or 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 person in admission to, or employment in, any program established to provide apprenticeship or other training or retraining including any on-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 by any such organization, which indicates an unlawful discriminatory act or preference.

B.

Affirmative Defenses. The exceptions set forth in Section 9.40.090A shall constitute affirmative defenses to any otherwise unlawful employment practice described in this chapter.

(Prior code § 3-21.04)