Davis Municipal Code Art. 10.02 Employment

No person shall intentionally do any of the following, wholly or partially based upon discrimination:

(a) For employers: refuse to hire or discharge; apply differential treatment with regard to compensation, terms, conditions or privileges of employment, including promotion, limitation, segregation or classification of an employee or employees in a way which deprives a person of employment opportunities or otherwise adversely affects the person's status as an employee.

(b) For labor organizations: refuse to include a person in membership; exclude or expel any person from membership or otherwise differentially treat any person for seeking the benefits of membership; limit, segregate, or classify its membership, or refuse to refer any person for employment, or otherwise deprive the person of employment opportunities; limit employment opportunities; or do acts which otherwise affect a person's status as an employee or as an applicant for employment.

(c) For any employer or labor organization:

(1) Treat any person differentially in admission to or employment in any program providing apprenticeship or other training or retraining, including any on-the-job program;

(2) Print, publish, advertise, or disseminate, or cause the same, of any notice or advertisement with respect to employment, membership in or any classification or referral for employment or training by any such entity which states that it will engage in a discriminatory employment practice.

(Ord. 1359 § 1)

(a) Selection or rejection of an applicant for employment based upon a bona fide occupational qualification is an exception to the prohibitions of Section 10.02.010; provided, that, there is no other less discriminatory means of satisfying the occupational qualification.

(b) It shall not constitute discrimination for an employer or labor organization to observe the conditions of a bona fide seniority system or a bona fide employee benefit system, provided such systems or plans are not a subterfuge to evade the purposes of this chapter.

(c) It shall not constitute discrimination for an employer who is a natural person or persons to decline to employ another person for service within or on the premises of the employer's personal residence.

(Ord. 1359 § 1)

In an action brought pursuant to this chapter, a party asserting that a bona fide occupational qualification justifies otherwise prohibited discrimination shall have the burden of establishing that the challenged act is a bona fide occupational qualification. The person challenging the claim of a bona fide occupational qualification shall then have the burden of establishing, by a preponderance of the evidence, that a less discriminatory means of satisfying the occupational qualification is available, or that the claimed occupational qualification is in fact a subterfuge for prohibited discrimination.

(Ord. 1359 § 1)