49-3-103. Permitted distinctions.
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49-3-103 . Permitted distinctions.
(1)Nothing in this chapter prohibits any public employer:
(a)from enforcing a differentiation based on marital status, age, or physical or mental disability when based on 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;
(b)from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this chapter, except that an employee benefit plan may not excuse the failure to hire any individual;
(c)from discharging or otherwise disciplining an individual for good cause; or
(d)from providing greater or additional contributions to a bona fide group insurance plan for employees with dependents than to those employees without dependents or with fewer dependents.
(2)The application of an employment preference as provided for in 2-18-111 , 10-2-402 , 18-1-110 , and Title 39, chapter 29 or 30, by a public employer as defined in 39-29-101 and 39-30-103 may not be construed to constitute a violation of this chapter.