It is an unfair discriminatory practice for a person engaged in a trade or business or in the provision of a service:

1. (1) to refuse to do business with or provide a service to a woman based on her use of her current or former surname; or
2. (2) to impose, as a condition of doing business with or providing a service to a woman, that a woman use her current surname rather than a former surname; or

3. (3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate in the basic terms, conditions, or performance of the contract because of a person's race, national origin, color, sex, gender identity, sexual orientation, or disability, unless the alleged refusal or discrimination is because of a legitimate business purpose.

   Nothing in this section shall prohibit positive action plans.