§332. Intentional discrimination in employment
A. It shall be unlawful discrimination in employment for an employer to engage in
any of the following practices:
(1) Intentionally fail or refuse to hire or to discharge any individual, or otherwise to
intentionally discriminate against any individual with respect to compensation, or terms,
conditions, or privileges of employment, because of the individual's race, color, religion, sex,
national origin, military status, or natural, protective, or cultural hairstyle.
(2) Intentionally limit, segregate, or classify employees or applicants for employment
in any way which would deprive or tend to deprive any individual of employment
opportunities, or otherwise adversely affect the individual's status as an employee, because
of the individual's race, color, religion, sex, national origin, military status, or natural,
protective, or cultural hairstyle.
(3) Intentionally pay wages to an employee at a rate less than that of another
employee of the opposite sex for equal work on jobs in which their performance requires
equal skill, effort, and responsibility and which are performed under similar working
conditions. An employer paying wages in violation of this Section may not reduce the wages
of any other employee in order to comply with this Section.
B. It shall be unlawful discrimination in employment for an employment agency to
intentionally fail or refuse to refer for employment, or otherwise to intentionally discriminate
against, any individual because of his race, color, religion, sex, national origin, military
status, or to intentionally classify or refer for employment any individual on the basis of his
race, color, religion, sex, national origin, military status, or natural, protective, or cultural
hairstyle.
C. It shall be unlawful discrimination in employment for a labor organization to
engage in any of the following practices:
(1) Intentionally exclude or intentionally expel from its membership, or otherwise
intentionally discriminate against, any individual because of his race, color, religion, sex,
national origin, military status, or natural, protective, or cultural hairstyle.
(2) Intentionally limit, segregate, or classify its membership or applicants for
membership, or intentionally classify or fail or refuse to refer for employment any individual
in any way which would deprive or tend to deprive any individual of employment
opportunities, or would limit such employment opportunities, or otherwise adversely affect
his status as an employee or as an applicant for employment, because of such individual's
race, color, religion, sex, national origin, military status, or natural, protective, or cultural
hairstyle.
(3) Intentionally cause or attempt to cause an employer to discriminate against an
individual in violation of this Section.
D. It shall be unlawful discrimination in employment for any employer, labor
organization, or joint labor-management committee controlling apprenticeship or other
training or retraining, including on-the-job training programs, to discriminate against any
individual because of his race, color, religion, sex, national origin, military status, or natural,
protective, or cultural hairstyle in admission to, or employment in, any program established
to provide apprenticeship or other training.
E. It shall be unlawful discrimination in employment for an employer, employment
agency, labor organization, or joint labor-management committee controlling apprenticeship
or other training or retraining, including on-the-job training programs, to print or publish, or
cause to be printed or published, any notice or advertisement relating to employment by an
employer or membership in or any classification or referral for employment by a labor
organization, or relating to any classification or referral for employment by an employment
agency, or relating to admission to, or employment in, any program established to provide
apprenticeship or other training by a joint labor-management committee, indicating any
preference, limitation, specification, or discrimination based on race, color, religion, sex,
national origin, military status, or natural, protective, or cultural hairstyle. However, a notice
or advertisement may indicate a preference, limitation, specification, or discrimination based
on religion, sex, or national origin when religion, sex, military status, or national origin is a
bona fide occupational qualification for employment.
F. It shall be unlawful discrimination in employment for an insurer to engage in any
of the following practices:
(1) Intentionally fail or refuse to appoint or to discharge any insurance agent, or
otherwise to intentionally discriminate against any insurance agent with respect to his
compensation, terms, conditions, or privileges of employment, because of the insurance
agent's race, color, religion, sex, national origin, military status, or natural, protective, or
cultural hairstyle.
(2) Intentionally limit, segregate, or classify his insurance agents or applicants for an
insurance agent in any way which would deprive or tend to deprive any insurance agent or
applicant of employment opportunities, or otherwise adversely affect his status as an
insurance agent or applicant because of the insurance agent's or applicant's race, color,
religion, sex, national origin, military status, or natural, protective, or cultural hairstyle.
G. Nothing contained in this Section shall be construed so as to create a cause of
action against an employer, employment agency, labor organization, or insurer for
employment practices pursuant to any affirmative action plan.
H. Notwithstanding any other provision of this Section, it shall not be unlawful
discrimination in employment for:
(1) An employer to hire and employ employees, for an employment agency to classify
or refer for employment any individual, for a labor organization to classify its membership
or to classify or refer for employment any individual, or for an employer, labor organization,
or joint labor-management committee controlling apprenticeship or other training or
retraining programs to admit or employ any individual in any such program on the basis of
his religion, sex, or national origin in those certain instances where religion, sex, military
status, or national origin is a bona fide occupational qualification reasonably necessary for
the normal operation of that particular business or enterprise.
(2) A school, college, university, or other educational institution or institution of
learning to hire and employ employees of a particular religion if such school, college,
university, or other educational institution or institution of learning is, in whole or in
substantial part, owned, supported, controlled, or managed by a particular religion or by a
particular religious corporation, association, or society, or if the curriculum of the school,
college, university, or other educational institution or institution of learning is directed
toward the propagation of a particular religion.
(3) An employer to apply different standards of compensation or different terms,
conditions, or privileges of employment pursuant to a bona fide seniority or merit system,
or a system which measures earnings by quantity or quality of production, or any other
differential based on any factor other than sex, or to employees who work in different
locations, provided that such differences are not the result of an intention to discriminate
because of race, color, religion, sex, national origin, or natural, protective, or cultural
hairstyle.
(4) An employer to give and to act upon the results of any professionally developed
ability test, provided that such test, its administration, or action upon the results is not
designed, intended, or used to discriminate because of race, color, religion, sex, national
origin, military status, or natural, protective, or cultural hairstyle.
I. "Natural, protective, or cultural hairstyle" shall include but is not limited to afros,
dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect
hair texture or for cultural significance.