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provided that such test, its administration, or action upon the results thereof, is not <br />designed, intended or used to discriminate because of race, color, religion, <br />national origin, sex, sexual orientation, ancestry, age or disability. <br /> <br />Nothing contained in this section shall be interpreted to require any employer, <br />employment agency, labor organization, or joint labor-management committee <br />subject to this section to grant preferential treatment to any individual or to any <br />group because of the race, color, religion, national origin, sex, sexual orientation, <br />ancestry, age or disability of such individual or group on account of an imbalance <br />which may exist with respect to the total number or percentage of persons of any <br />race, color, religion, national origin, sex, sexual orientation, ancestry, age or <br />disability employed by any employer, referred or classified for employment by <br />any employment agency or labor organization, admitted to membership or <br />classified by any labor organization, or admitted to or employed in any <br />apprenticeship or other training program, in comparison with the total number or <br />percentage of persons of such race, color, religion, national origin, sex, sexual <br />orientation, ancestry, age or disability in any community, state, section, or other <br />area, or in the available workforce in any community, state, section, or other area. <br /> <br />E. It shall be unlawful: <br /> <br />To aid, abet, incite, compel, or coerce the commission of acts prohibited <br />under this section or to attempt to do so; <br /> <br />To retaliate or discriminate in any manner against any other person <br />because such person has opposed any practice prohibited by this section or <br />because such person has filed a complaint, testified, assisted, or <br />participated in any manner in any investigation, proceeding or hearing <br />conducted pursuant to this section; or <br /> <br />To discriminate in any manner against any other person because of such <br />person's association with any person protected by this section. <br /> <br /> Section 2. This ordinance shall not be construed so as to relieve any person, finn or <br />corporation from any penalty heretofore incurred by the violation of Chapter 9.08, nor bar the <br />prosecution for any such violation. <br /> <br /> Section 3. Any person, finn or corporation violating any of the provisions of this <br />ordinance shall, upon conviction thereof, be subject to the penalty provided in Chapter 1.12, <br />Section 1.12.010 of the University City Municipal Code. <br /> <br /> Section 4. This ordinance shall take effect and be in force from and after its passage <br />as provided by law. <br /> <br />11 <br /> <br /> <br />