SPIRO T. AGNEW, Governor                        879

which would deprive or tend to deprive any individual of employ-
ment opportunities, or would limit such employment opportunities
or otherwise adversely affect his status as an employee or as an
applicant for employment, because of such individual's age;

(3) to cause or attempt to cause an employer to discriminate
against an individual in violation of this section.

(d)    It shall be unlawful for an employer to discriminate against
any of his employees or applicants for employment, for an employ-
ment agency to discriminate against any individual, or for a labor
organization to discriminate against any member thereof or ap-
plicant for membership, because such individual, member, or ap-
plicant for membership, has opposed any practice made unlawful
by this section, or because such individual, member, or applicant
for membership has made a charge, testified, assisted, or participated
in any manner in an investigation, proceeding, or hearing under
this subtitle.

(e)    It shall be unlawful for an employer, labor organization, or
employment agency to print or publish, or cause to be printed or
published, any notice or advertisement relating to employment by
such an employer or membership in or any classification or referral
for employment by such a labor organization, or relating to any
classification or referral for employment by such an employment
agency, indicating any preference, limitation, specification, or dis-
crimination, based on age.

(f)    It shall not be unlawful for an employer, employment agency,
or labor organization—

(1)    to take any action otherwise prohibited under subsection
(a), (b), (c), or (e) of this section where age is a bona fide oc-
cupational qualification reasonably necessary to the normal opera-
tion of the particular business, or where the differentiation is based
on reasonable factors other than age;

(2) to separate involuntarily an employee under a retirement

policy or system where such policy or system is not merely a subter-

fuge to evade the purposes of this subtitle; or

(2)  TO OBSERVE THE TERMS OF A BONA FIDE
SENIORITY SYSTEM OR ANY BONA FIDE EMPLOYEE
BENEFIT PLAN SUCH AS A RETIREMENT, PENSION, OR
INSURANCE PLAN, WHICH IS NOT A SUBTERFUGE TO
EVADE THE PURPOSES OF THIS SUBTITLE, EXCEPT
THAT NO SUCH EMPLOYEE BENEFIT PLAN SHALL EX-
CUSE THE FAILURE TO HIRE ANY INDIVIDUAL; OR

(3)    to discharge or otherwise discipline an individual for good
cause.

79.

The provisions of this subtitle shall be enforced by the Depart-
ment of Employment Security LABOR AND INDUSTRY with the
assistance of the Attorney General of Maryland.

80.

Every employer, employment agency, and labor organization shall
post and keep posted in conspicuous places upon its premises a notice