Section 348-3-3 - UNLAWFUL EMPLOYMENT DISCRIMINATION1. It is unlawful employment discrimination, except when based on a bona fide occupational qualification or as otherwise permitted by this chapter: A. For any employer to: (1) Fail or refuse to hire or otherwise discriminate against any applicant for employment because of protected class;(2) Because of protected class, discharge an employee or discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment or any other matter directly or indirectly related to employment; or(3) In recruiting individuals for employment or in hiring them, to utilize any employment agency that the employer knows or has reasonable cause to know discriminates against individuals because of their protected class.B. For any employment agency to: (1) Fail or refuse to classify properly, refer for employment or otherwise discriminate against any individual because of protected class; or(2) Comply with an employer's request for the referral of job applicants if a request indicates either directly or indirectly that the employer will not afford full and equal employment opportunities to individuals regardless of their protected class.C. For any labor organization to:(1) Exclude from apprenticeship or membership or to deny full and equal membership rights to any applicant for membership because of protected class;(2) Whether or not authorized or required by the constitution or bylaws of that labor organization or by a collective labor agreement or other contract, deny a member full and equal membership rights; expel from membership; penalize; or otherwise discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment, representation, grievances or any other matter directly or indirectly related to membership or employment because of protected class;(3) Fail or refuse to classify properly or refer for employment or otherwise discriminate against any member because of protected class; or(4) Cause or attempt to cause an employer to discriminate against an individual in violation of the Act.D. For any employer, employment agency or labor organization, prior to employment or admission to membership of any individual, to:(1) Elicit or attempt to elicit information directly or indirectly pertaining to protected class;(2) Make or keep a record of protected class, except under physical or mental disability when an employer requires a physical or mental examination prior to employment, a privileged record of that examination is permissible if made and kept in compliance with this chapter and the Act;(3) Use any form of application for employment or personnel or membership blank containing questions or entries directly or indirectly pertaining to protected class. This subparagraph does not prohibit any officially recognized government agency from keeping records permitted to be kept under this chapter or the Act in order to provide free services to individuals requesting rehabilitation or employment assistance;(4) Print, publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon protected class;(5) Handwrite, print or circulate any interoffice or interagency communication, job order, advertisement, brochure, or notice that expresses directly or indirectly a preference or specification on the basis of protected class unless the expression is made in accordance with a corrective employment program such as an affirmative action plan; or(6) Establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the protected class of that group.E. For an employer, employment agency or labor organization to discriminate in any manner against individuals because they have opposed a practice that would be a violation of the Act or because they have made a charge, testified or assisted in any investigation, proceeding or hearing under the Act. Such action or assistance includes, but is not limited to, filing a complaint, stating an intent to contact the Commission or to file a complaint, supporting employees who are involved in the complaint process, cooperating with representatives of the Commission during the investigative process and educating others concerning the coverage of the Act.2. Unlawful employment discrimination also includes, but is not limited to, the prohibited acts described in §4 and §§6 through 16 of this chapter.