§ 7-112. Bona fide seniority or merit systems.

Notwithstanding any other provisions of this chapter, it is not an unlawful employment practice for an employer:

(1)

To apply differing standards of compensation, or different terms, conditions, privileges, or responsibilities, of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or to employees who work in different locations, if such differences are not the result of an intention to discriminate on the basis of race, color, religion, ancestry, sex, national origin, age, place of birth, handicap, or familial status.

(2)

To give and to act on the results of a professionally developed ability test, if the test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, ancestry, sex, national origin, age, place of birth, handicap, or familial status.

(Ord. No. 0-8687-2; Ord. No. 0-9798-58)