Section 348-3-9 - EMPLOYMENT AGENCIES1. It is unlawful employment discrimination, except when based on a bona fide occupational qualification for any employment agency to fail or refuse to classify properly, refer for employment or otherwise discriminate against any individual because of protected class or 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.2. Employment agencies that deal exclusively with one protected class are engaged in unlawful employment discrimination, except to the extent that such agencies limit their services to furnishing employees for particular jobs for which that protected class is a bona fide occupational qualification or the agency is not exclusively an employment agency, but rather is a comprehensive social services agency serving members of a protected class and provides employment placement assistance as one of its services.3. An employment agency that receives a job order containing an unlawful protected-class specification will share responsibility with the employer placing the job order if the agency fills the order knowing that the protected-class specification is not based upon a bona fide occupational qualification. However, an employment agency will not be deemed to be in violation of the law, regardless of the determination as to the employer, if the agency does not have reason to believe that the employer's claim of bona fide occupational qualification is without substance and the agency makes and maintains a written record available to the Commission of each such job order. Such record shall include the name of the employer, the description of the job and the basis for the employer's claim of bona fide occupational qualification.