(a) It shall be unlawful for an employer:

    (1)    To fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, because of such individual's age.

    (2)    To limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect such individual's status as an employee, because of such individual's age.

    (3)    To reduce the wage rate of any employee in order to comply with this Article.

    (b) It shall be unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of such individual's age, or to classify or refer for employment any individual on the basis of such individual's age.

    (c) It shall be unlawful for a labor organization:

    (1)    To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of such individual's age.

    (2)    To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect such individual's status as an employee or as an applicant for employment, because or such individual's age.

    (3)    To cause or attempt to cause an employer to discriminate against an individual in violation of this section.

    (d) It shall be unlawful for an employer to discriminate against any of such employer's employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or litigation under this Article.

    (e) It shall be unlawful for an employer, labor organization, or employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on age.

    (f) The prohibitions in this section shall be limited to individuals who are at least forty (40) years of age but less than seventy (70) years of age.

(Code 1964, § 7.2035)