(a) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system such as retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this chapter, except that no such employee seniority system or benefit plan shall excuse the failure to hire any individual.
(b) It shall not be an unlawful discriminatory practice for the District of Columbia to prescribe minimum and maximum age limits for appointment to the police officer and firefighter cadet programs.
(c)(1) It shall not be an unlawful discriminatory practice for an employer to use sex as a bona fide occupational qualification when an employer seeks to employ an employee to perform services in a private residence, if:
(A) The employer has a factual basis for believing that hiring an individual of a particular sex would undermine the privacy interests of the individual receiving services in the private residence;
(B) The individual receiving services has a privacy interest entitled to protection under the law; and
(C) No reasonable alternative exists to protect the individual's privacy interest.
(2) Paragraph (1) of this subsection shall not apply to employment decisions based on:
(A) The stereotyped characterization of one group as opposed to another;
(B) Actual or perceived sexual orientation of a prospective employee; or
(C) The prospective employee's preferred name or personal pronouns.
(3) This subsection shall be construed in a manner consistent with the regulations and jurisprudence interpreting sex as a bona fide occupational qualification under section 703(e) of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 256; 42 U.S. Code § 2000e-2(e)).
