§ 21-3-203 — Age discrimination prohibited - Exceptions

(a) It shall be unlawful for a public employer to: (1) Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of the individual's age; (2) Limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual's age; or (3) Reduce the wage rate of any employee in order to comply with this subchapter. (b) It shall not be unlawful for a public employer to: (1) Take any action otherwise prohibited by this subchapter where age is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age; or (2) Discharge or otherwise discipline an individual for good cause.

Legislative History

Acts 1979, No. 25, §§ 2, 3; A.S.A. 1947, §§ 12-3502, 12-3503; Acts 1989 (3rd Ex. Sess.), No. 33, § 1.