§ 29-2-204. EXCEPTIONS.

(a)

Bona fide occupational qualifications. This subtitle does not apply to bona fide occupational qualifications that are demonstrated to be reasonable, necessary, and relevant to the normal operation of the particular business or enterprise, when established by:

(1)

An employer in hiring, assigning, compensating, or discharging individuals;

(2)

An employment agency in classifying or referring individuals;

(3)

A labor organization in classifying members; or

(4)

An employer or labor organization in denying an individual admittance to a program of apprenticeship, training, or retraining.

(b)

Religious educational institutions. This subtitle does not apply to an educational institution in hiring and employing persons of a particular religion if:

(1)

The educational institution is owned, supported, controlled, or managed, in whole or in substantial part, by a particular church, synagogue, or other religious organization or corporation; and

(2)

The curriculum is designed to comply, in whole or in part, with the doctrines or tenets of a particular religion.

(c)

Bona fide seniority or employee benefit plans.

(1)

This subtitle does not apply to a bona fide seniority system.

(2)

(i)

This subtitle does not apply to a bona fide employee benefit plan such as a retirement, pension, or insurance plan, if the system or plan is not a subterfuge to evade the purpose of this subtitle.

(ii)

An employee benefit plan may not excuse the failure to hire a person.

(3)

In accordance with 29 U.S.C. § 623, a seniority system or employee benefit plan may not require or allow the involuntary retirement of an individual who is between the ages of 40 years old and 70 years old because of the individual's age.

(d)

Preferential treatment. An employer, employment agency, labor organization, or joint labor-management committee may not be required to grant preferential treatment to a person because of an imbalance, compared to the general public, in the percentage or total number of people with the following characteristics employed, referred for employment, classified, admitted for membership, or admitted to apprenticeship or training programs:

(1)

Race;

(2)

Creed;

(3)

Religion;

(4)

Physical or mental disability;

(5)

Color;

(6)

Sex;

(7)

National origin;

(8)

Age;

(9)

Sexual orientation;

(10)

Gender identity or expression; or

(11)

Status as a veteran; or

(12)

Marital status.

(e)

Private or personal facilities. This subtitle does not apply to the provision of facilities that are distinctly private or personal.

(f)

Reasonable appearance, grooming and dress standards permitted. This subtitle does not prohibit an employer from establishing and requiring an employee to adhere to reasonable workplace appearance, grooming, and dress standards that are directly related to the nature of the employment of the employee and that are not precluded by any provision of state or federal law, as long as the employer allows any employee to appear, groom, and dress consistent with the employee's gender identity.

(1988 Code, § 19-41) (Bill No. 11-96, § 1, 2-15-1996; Bill No. 39-98, § 1, 5-8-1998; Bill No. 31-00, § 2, 7-1-2004; Bill No. 3-12, §§ 2, 3, 4-8-2012; Bill No. 1-16, § 1, 3-19-16 )

Editor's note:
  Section 3 of Bill No. 3-12 added both subsections (e) and (f) above to this section but identified both as subsection (e). The editor has, therefore, designated the second subsection as subsection (f).