§ 20-605. Exceptions

   (a) In general. -- Notwithstanding any other provision of this subtitle, this subtitle does not prohibit:

   (1) an employer from hiring and employing employees, an employment agency from classifying or referring for employment any individual, a labor organization from classifying its membership or classifying or referring for employment any individual, or an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs from admitting or employing any individual in a program, on the basis of the individual's sex, age, religion, national origin, or disability, if sex, age, religion, national origin, or disability is a bona fide occupational qualification reasonably necessary to the normal operation of that business or enterprise;

   (2) an employer from establishing standards concerning an employee's dress and grooming, if the standards are directly related to the nature of the employment of the employee;

   (3) a school, college, university, or other educational institution from hiring and employing employees of a particular religion, if:

      (i) the institution is wholly or substantially owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society; or

      (ii) the curriculum of the institution is directed toward the propagation of a particular religion; or

   (4) except as provided in subsection (b) of this section, an employer, employment agency, or labor organization from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this subtitle.

(b) Employee benefit plan. -- An employee benefit plan may not excuse the failure to hire any individual.

HISTORY: An. Code 1957, art. 49B, § 16(g); 2009, ch. 120, § 2.