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Session Laws, 1999
Volume 796, Page 1006   View pdf image
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limitation, specification, or discrimination, based on race, color, religion, sex, age,
national origin or on the basis of a [physical or mental qualification] DISABILITY.
However, a notice or advertisement may indicate a preference, limitation,
specification, or discrimination based on religion, sex, age, national origin or
[physical or mental qualification] DISABILITY when religion, sex, age, national origin
or [physical or mental qualification] DISABILITY is a bona fide occupational
qualification for employment[;].

(f) It is an unlawful employment practice for an employer to discriminate
against any of his employees or applicants for employment, for an employment agency
to discriminate against any individual, or for a labor organization to discriminate
against any member thereof or applicant for membership, because he has opposed
any practice made an unlawful employment practice by this subtitle or because he
has made a charge, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this subtitle[;].

(g) Notwithstanding any other provision of this subtitle, (1) it is not an
unlawful employment practice for an employer to hire and employ employees, for an
employment agency to classify, or refer for employment any individual, for a labor
organization to classify its membership or to classify or refer for employment any
individual, or for an employer, labor organization or joint labor-management
committee controlling apprenticeship or other training or retraining programs to
admit or employ any individual in any such program, on the basis of his religion,
national origin or [physical or mental qualification] DISABILITY in those instances
where sex, age, religion, national origin or [physical or mental qualification]
DISABILITY is a bona fide occupational qualification reasonably necessary to the
normal operation of that particular business or enterprise; (2) it is not an unlawful
employment practice for an employer to establish standards concerning, an employee's
dress and grooming if the standards are directly related to the nature of the
employment of the employee; (3) it is not an unlawful employment practice for a
school, college, university, or other educational institution or institution of learning to
hire and employ employees of a particular, religion if the 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 the
school, college, university, or other educational institution or institution of learning is
directed toward the propagation of a particular religion; and (4) it is not 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; however, no employee benefit plan shall excuse the failure to hire any
individual[;].

(h) Nothing contained in this subtitle shall be interpreted to require 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, religion, sex, age, national origin or [physical
or mental handicap] DISABILITY of the individual or group on account of an
imbalance which may exist with respect to the total number or percentage of persons

 

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Session Laws, 1999
Volume 796, Page 1006   View pdf image
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