§ 86-19. Exclusions.

Nothing in this article shall be construed to:

(1)

Restrict an employer's right to require that an employee meet bona fide job-related qualifications of employment.

(2)

Authorize or require employers to establish affirmative action quotas based on sexual orientation or gender identification.

(3)

Apply to any business, trade or occupation employing fewer than eight employees, or to any unit in a residential structure containing not more than four units, if the owner maintains and occupies one of such units as his residence.

(4)

Apply to any religious corporations, religious entity, religious association, or religious organization, or any religious nonprofit corporation, religious organization or religious group, including religious charitable organizations, with respect to the employment of individuals, or with respect to the employment policies, practices, and procedures established by any such religious corporation, religious entity, religious association, or religious society.

(5)

Make lawful any act that violates the state criminal code.

(6)

The provisions of this article shall not be read to limit or affect in any way rights and privileges existing under state or federal law, and the city explicitly disavows its rights to any period of exclusive jurisdiction over filed charges which may exist under state or federal law, including but not limited to U.S.C., Section 2000(e) et seq.

(7)

Notwithstanding anything herein expressed to the contrary, nothing in this article shall be deemed or construed to authorize or encourage the promotion of any sexual orientation or gender identification in any public or private educational institution or school, or to require the teaching in any public or private educational institution of sexual orientation or gender identification. It is the intent of this chapter to assure the rights of the citizens of this city and all persons, particularly with respect to the securing of housing and employment; this article does not have for its purpose the establishment of any public policy regarding the acceptability or nonacceptability of any sexual practice.

(8)

Nothing in this chapter shall prohibit an employer from prohibiting cross-dressing in the workplace or while an employee is acting in the course and scope of his or her employment. For purposes of this section, a person shall be deemed to be acting in the course and scope of his or her employment if he or she would be deemed to be in the scope and course of his employment for the purpose of determining eligibility for worker's compensation. For purposes of this section, "cross-dressing" shall mean the wearing of clothing, cosmetics, footwear and/or other accouterments generally deemed or perceived as inappropriate to the gender that was one's biological or legal gender at birth and/or generally deemed or perceived as more appropriate to the gender that was not one's biological or legal gender at birth. "Cross-dressing" shall be deemed not to include the regular wearing of clothing, cosmetics, footwear and/or other accouterments which is appropriate to the gender other than his or her biological or legal gender at birth with which an employee or applicant identifies if the employee or applicant provides the employer with the written statement of a licensed doctor or other health care professional certifying that the employee or applicant presents the characteristics of gender identification disorder or another similar status or condition and that the employee or applicant intends prospectively to attire and conduct himself or herself for the foreseeable future in the employee's employment and workplace or workplaces in the manner appropriate for persons of the gender with which he or she identifies.

(M.C.S., Ord. No. 19,278, § 1, 6-17-99)