§ 12-4-5. Unlawful employment practices.

(a)

Except as provided in subsection (b) of this section, it shall be unlawful:

(1)

for any employer to fail or refuse to hire or to discharge any person or otherwise to discriminate against any person with respect to hiring, tenure, compensation, promotion, discharge or any other terms, conditions or privileges directly or indirectly related to employment because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability, when such person is a qualified person with a disability;

(2)

for any employer, employment agency or labor organization to establish, announce or follow a policy of denying or limiting the employment, membership or apprenticeship opportunities of any person on the basis of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability, when such person is a qualified person with a disability;

(3)

for any employer, labor organization, employment agency or any joint labor management committee controlling apprentice training programs to deny to or withhold from any person the right to be admitted to or to participate in a guidance program, an apprenticeship training program, an on-the-job training program or any other occupational training program because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability, when such person is a qualified person with a disability;

(4)

for any employer, employment agency or labor organization to publish or circulate, or to cause to be published or circulated with intent to circumvent the spirit and purpose of this section, any notice or advertisement relating to employment or membership which indicates any preference, limitation or discrimination based on race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability, when such person is a qualified person with a disability, or an intention to make any such preference, limitation or discrimination;

(5)

for any employment agency to fail or refuse to accept, register, classify properly or refer for employment or otherwise to discriminate against any person because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability, when such person is a qualified person with a disability;

(6)

for any labor organization to discriminate against any person in any way which would deprive or limit his or her employment opportunities or otherwise adversely affect his or her status as an applicant for employment or as an employee with respect to hiring, seniority, tenure, referral, compensation, promotion, discharge or any other terms, conditions or privileges directly or indirectly related to employment because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability, when such person is a qualified person with a disability;

(7)

for any employer, employment agency or labor organization to discriminate against any person because he or she has opposed any practice forbidden by this section or because he or she has made a complaint or testified or assisted in any manner in any investigation or proceeding under this chapter relating to the provisions of this section;

(8)

for any employer to deny any employment opportunity to a qualified person with a disability who is an employee or applicant if the basis for the denial is the need to make reasonable accommodations to the physical or mental limitations of the employee or applicant.

(9)

for purposes of subsections (a)(1) through (a)(6), discrimination because of or on the basis of age shall mean discrimination against a person who is 40 years of age or older because of or on the basis of that person's age.

(b)

exceptions. Nothing in subsection (a) of this section shall apply to:

(1)

any type of employment, occupation, or position where the job involves a bona fide occupational qualification requiring the employment of a person or persons of a particular religion, sex, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or physical or mental capabilities, where the qualification is reasonably necessary to the normal operation of that business or enterprise;

(2)

any employment practice based upon applicable laws or regulations established by the United States or any agency thereof, the Commonwealth of Virginia, or any political subdivision of the commonwealth having jurisdiction in the City of Alexandria;

(3)

the observance of 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 section, except that no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual who is at least 40 years of age or older because of the age of such individual;

(4)

agreements or contracts concerning contribution rates for employer or employee for group insurance, when the contribution rate may be affected by marital status or number of dependents;

(5)

any employment agency providing services only to elderly persons or to minors; provided, however, that no employment agency may discriminate on the basis of race, color, sex, religion, ancestry, national origin, marital status, sexual orientation, gender identity, transgender status or disability; and

(6)

notwithstanding any other provisions of this section, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability, nor shall it be an unlawful employment practice for any employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability.

(c)

Diversity and inclusion program. The city manager shall establish a diversity and inclusion program for the city and shall report to the city council regarding the status of same annually. (Code 1963, Sec. 18A-5; Ord. No. 2517, 10/14/80, Sec. 4; Ord. No. 3128, 5/17/86, Sec. 1; Ord. No. 3328, 10/15/88, Sec. 4; Ord. No. 3498, 2/23/91, Sec. 4; Ord. No. 3729, 6/18/94, Sec. 2; Ord. No. 3850, 3/23/96, Sec. 5; Ord. No. 4549, 6/14/08, Sec. 4; Ord. No. 5126, 4/14/18, Sec. 1; Ord. No. 5258, 12/14/19, Sec. 1)