(a) It shall be an unfair labor practice for an employment agency to suspend, classify, recommend or refuse to refer for work, or discriminate in any other way against any person on account of his or her sex.
(b) Employment agencies that deal exclusively with one sex shall be guilty of an unfair labor practice, except when said agencies limit their services to providing candidates for specific jobs in which sex is a bona fide occupational requirement.
(c) An employment agency that receives a job order that contains a classification that is illegal on account of sex shall share the responsibility with the employer who places the job order, if the agency fills the order knowing that the sex specification is not based on a bona fide occupational requirement. However, it shall not be deemed that an employment agency has violated this chapter, regardless of the determination with regard to the employer, if the agency had no way of knowing that the employer’s allegation of a bona fide occupational requirement was groundless, and the agency prepares and keeps a file for each employer with all his orders, which is available for inspection by the interested party. Said file shall include the employer’s name, the job description, and the grounds for the employer’s claim that sex is a bona fide occupational requirement. These files shall be kept for a minimum period of two (2) years, and in those cases in which judicial action is taken, the files shall be kept until a final and binding judgment is rendered in the case.
(d) It shall be the responsibility of the employment agencies to keep abreast of the legislation and administrative and judicial decisions regarding discrimination on account of sex.
History —July 6, 1985, No. 69, p. 236, § 4.