These conflicts will spawn years of costly litigation, not only for
religious organizations and individuals, but for small businesses
owned by conscientious objectors across the state.
(e) Notwithstanding any other provision of this title, (1) it shall not be an unlawful employment practice for 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, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for 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 such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.
Nothing in this subchapter shall prohibit a
religious organization, association, or society, or any nonprofit institution or
organization operated, supervised or controlled
by or in conjunction with a
religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it
owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.