Marvin Mandel, Governor                         977

such program, on the basis of his religion or national origin in those
instances where sex, age, religion or national origin is a bona fide
occupational qualification reasonably necessary to the normal opera-
tion of that particular business or enterprise; [and] (2) it shall
not be an unlawful employment practice for a school, college, uni-
versity, or other educational institution or institution of learning to
hire and employ employees of a particular religion if such school,
college, university, or other educational institution or institution
of learning is, in whole or in substantial part, owned, supported,
controlled, or managed by a particular religion or by a particular
religious corporation, association, or society or if the curriculum
of such school, college, university, or other educational institution
or institution of learning is directed toward the propagation of a
particular religion; and (3) it shall not be unlawful for an employer,
employment agency or labor organization 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 excuse the failure to hire any individual.

(h) Nothing contained in this subtitle shall be interpreted to re-
quire any employer, employment agency, labor organization, or
joint labor-management committee subject to this subtitle to grant
preferential treatment to any individual or to any group because of
the race, color, creed, sex, age or national origin of such individual
or group on account of an imbalance which may exist with respect
to the total number or percentage of persons of any race, color,
creed, sex, age or national origin employed by any employer, referred
or classified for employment by any employment agency or labor
organization, admitted to membership or classified by any labor
organization, or admitted to, or employed in, any apprenticeship or
other training program, in comparison with the total number or
percentage of persons of such race, color, creed, sex, age or national
origin in any community, State, section, or other area, or in the
available work force in any community, State, section, or other area.

28.

Nothing in this Article shall be construed to preempt any power
of Baltimore City or any county or municipality to enact and enforce

laws or ordinances which relate to any matter covered by this

Article so long as such laws or ordinances are not inconsistent with
the provisions of this Article. No such laws or ordinances shall be
construed to preempt any of the provisions of this Article.

A LOCAL LAW OR AN ORDINANCE OR RESOLUTION
VALIDLY ENACTED BY A POLITICAL SUBDIVISION OF THIS
STATE WITHIN THE SUBJECT MATTER COVERED BY ANY
OF THE SUBTITLES "DISCRIMINATION IN PUBLIC ACCOM-
MODATIONS," "DISCRIMINATION IN EMPLOYMENT," OR
"DISCRIMINATION IN HOUSING" OF THIS ARTICLE SHALL
NOT BE CONSTRUED OR APPLIED AS PREEMPTED OR
SUPERSEDED BY ANY PROVISION IN THE PARTICULAR
SUBTITLE OF THIS ARTICLE, UNLESS (1) THE SUBTITLE
OF THIS ARTICLE STATES A SPECIFIC INTENT TO PRE-
EMPT OR SUPERSEDE THE LOCAL LAW, ORDINANCE OR
RESOLUTION; OR (2) THE LOCAL LAW, ORDINANCE,' OR
RESOLUTION CONTAINS PENALTIES, PROVISIONS, OR AP-