§ 12-62-808 - Defenses.
               	 		
12-62-808.    Defenses.
    (a)  It  is a defense under this subchapter if an employer establishes that the  employer's actions were based on legitimate, nondiscriminatory factors  and not on reasons related to military service.
(b)  Provided  the conduct at issue is based on a bona fide business judgment and is  not a pretext for discrimination that is prohibited under this  subchapter, this subchapter shall not be construed to prohibit or  restrict:
      (1)  An insurer,  hospital, medical service company, health maintenance organization, or  any agent or entity that administers benefit plans or any bank, savings  and loan, or other lender from underwriting insurance or lending risks  or administering such risks that are based on or are not inconsistent  with federal or state law;
      (2)  A  person covered by this subchapter from establishing, sponsoring,  observing, or administering the terms of a bona fide benefit plan that  are based on underwriting risks, classifying risks, or administering  such risks that are based on or are not inconsistent with federal or  state law; or
      (3)  A person  covered by this subchapter from establishing, sponsoring, observing, or  administering the terms of a bona fide benefit plan that is not subject  to federal or state laws that regulate insurance.