Chapter 100
AN ACT
SB 2
Relating to sexual orientation discrimination; creating new provisions;
amending ORS 10.030, 20.107, 30.860, 93.270, 109.035, 166.155, 166.165,
174.100, 179.750, 192.630, 240.306, 338.125, 353.100, 418.648, 418.925,
421.352, 430.550, 443.739, 458.505, 659.850, 659A.003, 659A.006, 659A.030,
659A.403, 659A.406, 659A.409, 659A.421, 659A.424, 659A.805, 659A.815, 659A.885,
660.139 and 744.353; and repealing ORS 236.380.
Be It Enacted by the People of
the State of
SECTION 1. ORS 174.100 is amended to read:
174.100. As used in the
statute laws of this state, unless the context or a specially
applicable definition requires otherwise:
(1) “Any other state”
includes any state and the
(2) “City” includes any
incorporated village or town.
(3) “County court”
includes board of county commissioners.
(4) “May not” and “shall
not” are equivalent expressions of an absolute prohibition.
(5) “Person” includes
individuals, corporations, associations, firms, partnerships, limited liability
companies and joint stock companies.
(6) “Sexual
orientation” means an individual’s actual or perceived heterosexuality,
homosexuality, bisexuality or gender identity, regardless of whether the
individual’s gender identity, appearance, expression or behavior differs from
that traditionally associated with the individual’s sex at birth.
[(6)] (7) “State Treasury” includes those financial assets
the lawful custody of which are vested in the State Treasurer and the office of
the State Treasurer relating to the custody of those financial assets.
[(7)] (8) “To” means “to and including” when used in a
reference to a series of statute sections, subsections or paragraphs.
[(8)] (9) “
[(9)] (10) “Violate” includes failure to comply.
SECTION 2. ORS 659A.003 is amended to read:
659A.003. The purpose of
this chapter is to encourage the fullest utilization of the available workforce
by removing arbitrary standards of race, color, religion, [color,] sex, [marital status,] sexual orientation, national origin [or], marital status, age or
disability as a barrier to employment of the inhabitants of this state, and
to ensure the human dignity of all people within this state and protect their
health, safety and morals from the consequences of intergroup hostility,
tensions and practices of discrimination of any kind based on race, color,
religion, [color,] sex, sexual
orientation, national origin, marital status, [or national origin] age or disability. To accomplish this
purpose, the Legislative Assembly intends by this chapter to provide:
(1) A program of public
education calculated to eliminate attitudes upon which practices of
discrimination because of race, color, religion, [color,] sex, sexual orientation, national origin, marital
status, [or national origin] age
or disability are based.
(2) An adequate remedy
for persons aggrieved by certain acts of discrimination because of race, color,
religion, [color,] sex, sexual
orientation, national origin, marital status [or national origin] or disability or unreasonable acts of
discrimination in employment based upon age.
(3) An adequate
administrative machinery for the orderly resolution of complaints of
discrimination through a procedure involving investigation, conference,
conciliation and persuasion, to encourage the use in good faith of [such] the machinery by all
parties to a complaint of discrimination and to discourage unilateral action
that makes moot the outcome of final administrative or judicial determination
on the merits of [such a] the
complaint.
SECTION 3. ORS 659A.006 is amended to read:
659A.006. (1) It is
declared to be the public policy of Oregon that practices of discrimination
against any of its inhabitants because of race, color, religion, [color,] sex, sexual orientation,
national origin, marital status, [national
origin,] age or disability are a matter of state concern and that [such] this discrimination not
only threatens [not only] the
rights and privileges of its inhabitants but menaces the institutions and
foundation of a free democratic state.
(2) The opportunity to
obtain employment or housing or to use and enjoy places of public
accommodation without discrimination because of race, color,
religion, [color,] sex, sexual
orientation, national origin, marital status, [national origin,] age or disability hereby is recognized as and
declared to be a civil right. [However,
this section shall not be construed to prevent a bona fide church or sectarian
religious institution, including but not limited to a school, hospital or
church camp, from preferring an employee or applicant for employment of one
religious sect or persuasion over another when:]
[(a) That religious sect or persuasion to which
the employee or applicant belongs is the same as that of such church or
institution;]
[(b) In the opinion of such bona fide church or sectarian religious
institution, such a preference will best serve the purposes of such church or
institution; and]
[(c) The employment involved is closely connected with or related to the
primary purposes of the church or institution and is not connected with a
commercial or business activity which has no necessary relationship to the
church or institution, or to its primary purposes.]
(3) It is not an
unlawful practice for a bona fide church or other religious institution to take
any action with respect to housing or the use of facilities based on a bona
fide religious belief about sexual orientation as long as the housing or the
use of facilities is closely connected with or related to the primary purposes
of the church or institution and is not connected with a commercial or business
activity that has no necessary relationship to the church or institution.
(4) It is not an
unlawful employment practice for a bona fide church or other religious
institution, including but not limited to a school, hospital or church camp, to
prefer an employee, or an applicant for employment, of one religious sect or
persuasion over another if:
(a) The religious sect
or persuasion to which the employee or applicant belongs is the same as that of
the church or institution;
(b) In the opinion of
the church or institution, the preference will best serve the purposes of the church
or institution; and
(c) The employment
involved is closely connected with or related to the primary purposes of the
church or institution and is not connected with a commercial or business
activity that has no necessary relationship to the church or institution.
(5) It is not an
unlawful employment practice for a bona fide church or other religious
institution to take any employment action based on a bona fide religious belief
about sexual orientation:
(a) In employment
positions directly related to the operation of a church or other place of
worship, such as clergy, religious instructors and support staff;
(b) In employment
positions in a nonprofit religious school, nonprofit religious camp, nonprofit
religious day care center, nonprofit religious thrift store, nonprofit
religious bookstore, nonprofit religious radio station or nonprofit religious
shelter; or
(c) In other employment
positions that involve religious activities, as long as the employment involved
is closely connected with or related to the primary purposes of the church or
institution and is not connected with a commercial or business activity that
has no necessary relationship to the church or institution.
SECTION 4. ORS 659A.030 is amended to read:
659A.030. (1) It is an
unlawful employment practice:
(a) For an employer,
because of an individual’s race, color, religion, [color,] sex, sexual orientation, national origin, marital
status or age if the individual is 18 years of age or older, or because
of the race, color, religion, [color,]
sex, sexual orientation, national origin, marital status or age of any
other person with whom the individual associates, or because of [a] an individual’s juvenile
record[,] that has been expunged
pursuant to ORS 419A.260 and 419A.262, [of
any individual,] to refuse to hire or employ the individual or to
bar or discharge the individual from employment [such individual]. However, discrimination is not an unlawful
employment practice if [such] the
discrimination results from a bona fide occupational [requirement] qualification reasonably necessary to the
normal operation of the employer’s business.
(b) For an employer,
because of an individual’s race, color, religion, [color,] sex, sexual orientation, national origin, marital
status or age if the individual is 18 years of age or older, or because of the
race, color, religion, [color,]
sex, sexual orientation, national origin, marital status or age of any
other person with whom the individual associates, or because of [a] an individual’s juvenile record[,] that has been expunged pursuant to
ORS 419A.260 and 419A.262, [of any
individual,] to discriminate against [such]
the individual in compensation or in terms, conditions or privileges of
employment.
(c) For a labor
organization, because of an individual’s race, color, religion, [color,] sex, sexual orientation,
national origin, marital status or age if the individual is 18 years of age or
older, or because of [a] an
individual’s juvenile record[,]
that has been expunged pursuant to ORS 419A.260 and 419A.262, [of any individual] to exclude or to
expel from its membership [such] the
individual or to discriminate in any way against [any such] the individual or any other person.
(d) For any employer or
employment agency to print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or to use any form of application
for employment or to make any inquiry in connection with prospective employment
[which] that expresses
directly or indirectly any limitation, specification or discrimination as to an
individual’s race, color, religion, [color,]
sex, sexual orientation, national origin, marital status or age if the
individual is 18 years of age or older, or on the basis of an expunged
juvenile record, or any intent to make any such limitation, specification or
discrimination, unless based upon a bona fide occupational qualification. [But identifying] Identification of
prospective employees according to race, color, religion, [color,] sex, sexual orientation,
national origin, marital status[,] or
age does not violate this section unless the Commissioner of the Bureau of
Labor and Industries, after a hearing conducted pursuant to ORS 659A.805,
determines that [such a] the
designation expresses an intent to limit, specify or discriminate on the basis
of race, color, religion, [color,]
sex, sexual orientation, national origin, marital status or age.
(e) For an employment
agency, because of an individual’s race, color, religion, sex, sexual
orientation, national origin, marital status or age if the individual is 18
years of age or older, or because of the race, color, religion, sex, sexual
orientation, national origin, marital status or age of any other person with
whom the individual associates, or because of an individual’s juvenile record
that has been expunged pursuant to ORS 419A.260 and 419A.262, to classify
or refer for employment, or to fail or refuse to refer for employment, or
otherwise to discriminate against [any]
the individual.[:]
[(A) On the basis of the individual’s race, color, national origin, sex,
religion, marital status or age, if the individual is 18 years of age or older;]
[(B) Because of the race, color, national origin, sex, religion, marital
status or age of any other person with whom the individual associates; or]
[(C) Because of a juvenile record, that has been expunged pursuant to
ORS 419A.260 and 419A.262.]
However, it is not an unlawful employment practice for an employment
agency to classify or refer for employment [any]
an individual [where such] when
the classification or referral results from a bona fide occupational [requirement] qualification
reasonably necessary to the normal operation of the employer’s business.
(f) For any person to
discharge, expel or otherwise discriminate against any other person because
that other person has opposed any unlawful practice, or because that other
person has filed a complaint, testified or assisted in any proceeding under
this chapter or has attempted to do so.
(g) For any person,
whether an employer or an employee, to aid, abet, incite, compel or coerce the
doing of any of the acts forbidden under this chapter or to attempt to do so.
(2) The provisions of
this section apply to an apprentice under ORS 660.002 to 660.210, but the
selection of an apprentice on the basis of the ability to complete the required
apprenticeship training before attaining the age of 70 years is not an unlawful
employment practice. The commissioner shall administer this section with
respect to apprentices under ORS 660.002 to 660.210 equally with regard to all
employees and labor organizations.
(3) The compulsory
retirement of employees required by law at any age is not an unlawful
employment practice if lawful under federal law.
(4)(a) It is not an
unlawful employment practice for an employer or labor organization to provide
or make financial provision for child care services of a custodial or other
nature to its employees or members who are responsible for a minor child.
(b) As used in this
subsection, “responsible for a minor child” means having custody or legal
guardianship of a minor child or acting in loco parentis to the child.
(5) This section does
not prohibit an employer from enforcing an otherwise valid dress code or
policy, as long as the employer provides, on a case-by-case basis, for
reasonable accommodation of an individual based on the health and safety needs
of the individual.
SECTION 5. ORS 659A.403 is amended to read:
659A.403. (1) Except as
provided in subsection (2) of this section, all persons within the jurisdiction
of this state are entitled to the full and equal accommodations, advantages,
facilities and privileges of any place of public accommodation, without any
distinction, discrimination or restriction on account of race, color,
religion, sex, sexual orientation, national origin, marital status[, color,
national origin] or age if the individual is 18 years of age or older.
(2) Subsection (1) of
this section does not prohibit:
(a) The enforcement of
laws governing the consumption of alcoholic beverages by minors and the
frequenting by minors of places of public accommodation where alcoholic
beverages are served; or
(b) The offering of
special rates or services to persons 50 years of age or older.
(3) It is an unlawful
practice for any person to deny full and equal accommodations, advantages,
facilities and privileges of any place of public accommodation in violation of
this section.
SECTION 6. ORS 659A.406 is amended to read:
659A.406. Except as
otherwise authorized by ORS 659A.403, it is an unlawful practice for any person
to aid or abet any place of public accommodation, as defined in ORS 659A.400,
or any employee or person acting on behalf of [such] the place of public accommodation to make any
distinction, discrimination or restriction on account of race, color,
religion, [color,] sex, sexual
orientation, national origin, marital status[, national origin] or age if the individual is 18 years of age or
older.
SECTION 7. ORS 659A.409 is amended to read:
659A.409. Except as
provided by laws governing the consumption of alcoholic beverages by minors and
the frequenting by minors of places of public accommodation where alcoholic
beverages are served, and except for special rates or services offered to
persons 50 years of age or older, it is an unlawful practice for any person
acting on behalf of any place of public accommodation as defined in ORS
659A.400 to publish, circulate, issue or display, or cause to be published,
circulated, issued or displayed, any communication, notice, advertisement or
sign of any kind to the effect that any of the accommodations, advantages,
facilities, services or privileges of the place of public accommodation will be
refused, withheld from or denied to, or that any discrimination will be made
against, any person on account of race, color, religion, sex, sexual
orientation, national origin, marital status[, color, national origin] or age if the individual is 18 years of
age or older.
SECTION 8. ORS 659A.421 is amended to read:
659A.421. (1) [No person shall] A person may not,
because of the race, color, religion, sex, sexual orientation,
national origin, marital status, [source
of income, familial status, religion or national origin] familial status
or source of income of any person:
(a) Refuse to sell,
lease or rent any real property to a purchaser.
(b) Expel a purchaser
from any real property.
(c) Make any
distinction, discrimination or restriction against a purchaser in the price,
terms, conditions or privileges relating to the sale, rental, lease or
occupancy of real property or in the furnishing of any facilities or services
in connection therewith.
(d) Attempt to
discourage the sale, rental or lease of any real property to a purchaser.
(e) Publish, circulate,
issue or display, or cause to be published, circulated, issued or displayed,
any communication, notice, advertisement or sign of any kind relating to the
sale, rental or leasing of real property [which]
that indicates any preference, limitation, specification or
discrimination based on race, color, religion, sex, sexual
orientation, national origin, marital status, familial status or
source of income[,
religion or national origin].
(f) Assist, induce,
incite or coerce another person to commit an act or engage in a practice that
violates this subsection and subsection (3) of this section.
(g) Coerce, intimidate,
threaten or interfere with any person in the exercise or enjoyment of, or on
account of having aided or encouraged any other person in the exercise of, any
right granted or protected by this section.
(2)(a) [No] A person whose business
includes engaging in residential real estate related transactions [shall] may not discriminate
against any person in making a transaction available [such a transaction], or in the terms or
conditions of [such a] the
transaction, because of race, color, religion, sex, [marital status, source of income, familial
status, religion or national origin] sexual orientation, national
origin, marital status, familial status or source of income.
(b) As used in this
subsection, “residential real estate related transaction” means any of the
following:
(A) The making or
purchasing of loans or providing other financial assistance:
(i) For purchasing,
constructing, improving, repairing or maintaining a dwelling; or
(ii) For securing residential
real estate; or
(B) The selling,
brokering or appraising of residential real property.
(3) [No] A real estate licensee [shall] may not accept or retain a
listing of real property for sale, lease or rental with an understanding that a
purchaser may be discriminated against with respect to the sale, rental or
lease thereof because of race, color, religion, sex, [marital status, source of income, familial
status, religion or national origin] sexual orientation, national
origin, marital status, familial status or source of income.
(4) [No person shall] A person may not,
for profit, induce or attempt to induce any other person to sell or rent any
dwelling by representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, color, religion,
sex, [marital status, source of income,
familial status, religion or national origin] sexual orientation,
national origin, marital status, familial status or source of income.
(5) For purposes of
subsections (1) to (4) of this section, “source of income” does not include
federal rent subsidy payments under 42 U.S.C. 1437f,
income from specific occupations or income derived in an illegal manner.
(6) Subsections (1) and
(3) of this section do not apply with respect to sex distinction,
discrimination or restriction if the real property involved is such that the
application of subsections (1) and (3) of this section would necessarily result
in common use of bath or bedroom facilities by unrelated persons of opposite
sex.
(7)(a) This section does
not apply to familial status distinction, discrimination or restriction with
respect to housing for older persons.
(b) As used in this
subsection, “housing for older persons” means housing:
(A) Provided under any
state or federal program that is specifically designed and operated to assist
elderly persons, as defined by the state or federal program;
(B) Intended for, and
solely occupied by, persons 62 years of age or older; or
(C) Intended and
operated for occupancy by at least one person 55 years of age or older per
unit. Housing qualifies as housing for older persons under this subparagraph
if:
(i) At least 80 percent
of the dwellings are occupied by at least one person 55 years of age or older
per unit; and
(ii) Policies and
procedures [which] that
demonstrate an intent by the owner or manager to
provide housing for persons 55 years of age or older are published and adhered
to.
(c) Housing [shall] does
not fail to meet the requirements for housing for older persons if:
(A) Persons residing in
[such] the housing as of
September 13, 1988, do not meet the requirements of paragraph (b)(B) or (C) of this subsection. However, new occupants of [such] the housing shall meet the
age requirements of paragraph (b)(B) or (C) of this
subsection; or
(B) The housing includes
unoccupied units[. However, such], if the units are
reserved for occupancy by persons who meet the age requirements of paragraph (b)(B) or (C) of this subsection.
(d) Nothing in this
section limits the applicability of any reasonable local, state or federal
restrictions regarding the maximum number of occupants permitted to occupy a
dwelling.
(8) In the sale, lease
or rental of real estate, [no person
shall] a person may not disclose to any person that an occupant or
owner of real property has or died from human immunodeficiency virus or
acquired immune deficiency syndrome.
(9) The provisions of
subsection (1)(a) to (d) and (f) of this section that
prohibit actions based upon [familial
status or] sex, sexual orientation or familial status do not apply
to the renting of space within a single-family residence if the owner actually
maintains and occupies the residence as the owner’s primary residence and all
occupants share some common space within the residence.
(10) Any violation of
this section is an unlawful practice.
SECTION 9. ORS 659A.424 is amended to read:
659A.424. (1) As used in this section:
(a) “Facially neutral
housing policy” means a guideline, practice, rule, or screening or admission
criterion regarding a real property transaction that applies equally to all
persons.
(b) “Protected class”
means a group of persons distinguished by race, color, religion, sex, sexual
orientation, national origin, marital status, [source of income, familial status, religion, national origin] familial
status, source of income or disability.
(c) “Real property
transaction” means an act described in ORS 659A.145 or 659A.421 involving the
renting or leasing of residential real property subject to ORS chapter 90.
(2) A court or the
Commissioner of the Bureau of Labor and Industries may find that a person has
violated ORS 659A.145 or 659A.421 if:
(a) The person applies a
facially neutral housing policy to a member of a protected class in a real
property transaction involving a residential tenancy subject to ORS chapter 90;
and
(b) Application of the
policy adversely impacts members of the protected class to a greater extent
than the policy adversely impacts persons generally.
(3) In determining under
subsection (2) of this section whether a violation has occurred and, if so,
what relief should be granted, a court or the commissioner shall consider:
(a) The significance of
the adverse impact on the protected class;
(b) The importance and
necessity of any business purpose for the facially neutral housing policy; and
(c) The availability of
less discriminatory alternatives for achieving the business purpose for the
facially neutral housing policy.
SECTION 10. ORS 659A.805 is amended to read:
659A.805. (1) In accordance
with any applicable provision of ORS chapter 183, the Commissioner of the
Bureau of Labor and Industries may adopt reasonable rules:
(a) Establishing what
acts and communications constitute a notice, sign or advertisement that public
accommodation or real property will be refused, withheld from, or denied to any
person or that discrimination will be made against the person because of race, color,
religion, sex, sexual orientation, national origin, marital status, [color, national origin or,] disability
or:
(A) With respect to public accommodation, age.
(B) With respect to
real property, familial status or source of income.
(b) Establishing what
inquiries in connection with employment and prospective employment express a
limitation, specification or discrimination as to race, color, religion,
[color,] sex, sexual orientation,
national origin, [or] marital
status, age or disability.
(c) Establishing what
inquiries in connection with employment and prospective employment soliciting
information as to race, color, religion, [color,] sex, sexual orientation, national origin, [or] marital status, age or
disability are based on bona fide [job]
occupational qualifications.
(d) For internal
operation and practice and procedure before the commissioner under this
chapter.
(e) Covering any other
matter required to carry out the purposes of this chapter.
(2) In adopting rules
under this section the commissioner shall consider the following factors, among
others:
(a) The relevance of
information requested to job performance in connection with which it is
requested.
(b) Available reasonable
alternative ways of obtaining requested information without soliciting
responses as to race, color, religion, [color,] sex, sexual orientation, national origin, marital
status, [national origin or] age,
disability, familial status or source of income.
(c) Whether a statement
or inquiry soliciting information as to race, color, religion, [color,] sex, sexual orientation,
national origin, marital status, [national
origin or] age, disability, familial status or source of income
communicates an idea independent of an intention to limit, specify or
discriminate as to race, color, religion, [color,] sex, sexual orientation, national origin, marital
status, [national origin or] age,
disability, familial status or source of income.
(d) Whether the
independent idea communicated is relevant to a legitimate objective of the kind
of transaction [which] that it
contemplates.
(e) The ease with which
the independent idea relating to a legitimate objective of the kind of
transaction contemplated could be communicated without connoting an intention
to discriminate as to race, color, religion, [color,] sex, sexual orientation, national origin, marital
status, [national origin or] age,
disability, familial status or source of income.
SECTION 11. ORS 659A.815 is amended to read:
659A.815. (1) The
Commissioner of the Bureau of Labor and Industries shall create such advisory
agencies and intergroup-relations councils[, local, regional or statewide, as in the
judgment of] as the commissioner [will] believes necessary to aid in effectuating the purposes
of this chapter. The commissioner may empower [them] advisory agencies and councils:
(a) To study the
problems of discrimination in all or specific fields of human relationships or
in specific instances of discrimination because of race, color,
religion, [color,] sex,[or] sexual orientation, national
origin, marital status, age, disability, familial status or source of income.
(b) To foster, through community
effort or otherwise, goodwill, cooperation and conciliation among the groups
and elements of the population of the state.
(c) To make
recommendations to the commissioner for the development of policies and
procedures in general and in specific instances, and for programs of formal and
informal education.
(2) [Such] The advisory agencies and
councils shall be composed of representative citizens, serving without pay, but
with reimbursement for actual and necessary expenses in accordance with laws and
regulations governing state officers.
(3) The commissioner may
make provision for technical and clerical assistance to [such] the advisory agencies and councils and for the
expenses of [such] the
assistance.
SECTION 12. ORS 659A.885 is amended to read:
659A.885. (1) Any
individual claiming to be aggrieved by an unlawful practice specified in
subsection (2) of this section may file a civil action in circuit court. In any
action under this subsection, the court may order injunctive relief and [such] any other equitable relief
[as] that may be appropriate,
including but not limited to reinstatement or the hiring of employees with or
without back pay. A court may order back pay in an action under this subsection
only for the two-year period immediately preceding the filing of a complaint
under ORS 659A.820 with the Commissioner of the Bureau of Labor and Industries,
or if a complaint was not filed before the action was commenced, the two-year
period immediately preceding the filing of the action. In any action under this
subsection, the court may allow the prevailing party costs and reasonable
attorney fees at trial and on appeal. Except as provided in subsection (3) of
this section:
(a) The judge shall
determine the facts in an action under this subsection; and
(b) Upon any appeal of a
judgment in an action under this subsection, the appellate court shall review
the judgment pursuant to the standard established by ORS 19.415 (3).
(2) An action may be
brought under subsection (1) of this section alleging a violation of ORS
25.337, 25.424, 171.120, 399.235, 476.574, 659A.030, 659A.040, 659A.043,
659A.046, 659A.063, 659A.069, 659A.100 to 659A.145, 659A.150 to 659A.186,
659A.194, 659A.203, 659A.218, 659A.230, 659A.233, 659A.236, 659A.250 to
659A.262, 659A.300, 659A.306, 659A.309, 659A.315, 659A.318 or 659A.421 (1) or
(3).
(3) In any action under
subsection (1) of this section alleging a violation of ORS 25.337, 25.424,
659A.040, 659A.043, 659A.046, 659A.069, 659A.100 to 659A.145, 659A.230,
659A.250 to 659A.262, 659A.318 or 659A.421 (1) or (3):
(a) The court may award,
in addition to the relief authorized under subsection (1) of this section,
compensatory damages or $200, whichever is greater, and punitive damages;
(b) At the request of
any party, the action shall be tried to a jury;
(c) Upon appeal of any
judgment finding a violation, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (1); and
(d) Any attorney fee
agreement shall be subject to approval by the court.
(4) In any action under
subsection (1) of this section alleging a violation of ORS 171.120, 476.574,
659A.203 or 659A.218, the court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory damages or $250, whichever
is greater.
(5) Any individual
against whom any distinction, discrimination or restriction on account of race,
color, religion, sex, sexual orientation, national origin, marital
status or age, if the individual is 18 years of age or older, has been made by
any place of public accommodation, as defined in ORS 659A.400, by any employee
or person acting on behalf of [such]
the place or by any person aiding or abetting [such] the place or person in violation of ORS 659A.406,
may bring an action against the operator or manager of [such] the place, the employee or person acting on behalf of
[such] the place or the aider
or abettor of [such] the place
or person. Notwithstanding subsection (1) of this section, in an action under
this subsection:
(a) The court may award,
in addition to the relief authorized under subsection (1) of this section,
compensatory and punitive damages;
(b) The operator or
manager of the place of public accommodation, the employee or person acting on
behalf of the place, and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;
(c) At the request of
any party, the action shall be tried to a jury;
(d) The court shall
award reasonable attorney fees to a prevailing plaintiff;
(e) The court may award
reasonable attorney fees and expert witness fees incurred by a defendant who
prevails only if the court determines that the plaintiff had no objectively
reasonable basis for asserting a claim or no reasonable basis for appealing an
adverse decision of a trial court; and
(f) Upon any appeal of a
judgment under this subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (1).
SECTION 13. ORS 10.030 is amended to read:
10.030. (1) Except as otherwise
specifically provided by statute, the opportunity for jury service [shall] may not be denied or
limited on the basis of race, [national
origin, gender,] religion, sex, sexual orientation, national origin,
age, [religious belief,] income,
occupation or any other factor that discriminates against a cognizable group in
this state.
(2) Any person is
eligible to act as a juror in a civil trial unless the person:
(a)
Is not a citizen of the
(b) Does not live in the
county in which summoned for jury service;
(c) Is less than 18
years of age; or
(d) Has had rights and
privileges withdrawn and not restored under ORS 137.281.
(3)(a) Any person is
eligible to act as a juror in a criminal trial, beginning on or after December
5, 1996, unless the person:
(A) Is not a citizen of
the
(B) Does not live in the
county in which summoned for jury service;
(C) Is
less than 18 years of age;
(D) Has had rights and
privileges withdrawn and not restored under ORS 137.281; or
(E) Has been convicted
of a felony or served a felony sentence within the prior 15 years.
(b) As used in this
subsection:
(A) “Felony sentence”
includes any incarceration, post-prison supervision, parole or probation
imposed upon conviction of a felony or served as a result of conviction of a
felony.
(B) “Has been convicted
of a felony” has the meaning given that term in ORS 166.270.
(4) A person who is
blind, hearing or speech impaired or physically disabled [shall not be] is not ineligible to act as a juror [or] and may not be excluded from
a jury list or jury service on the basis of blindness, hearing or speech
impairment or physical disability alone.
(5) [No] A person is [eligible] ineligible to act as a
juror in any circuit court of this state within 24 months after being
discharged from jury service in a federal court in this state or circuit court
of this state unless that person’s service as a juror is required because of a
need for additional jurors.
(6) In addition to the
disqualifications listed in subsection (2) of this section, a person is
ineligible to act as a juror on a grand jury if the person has been convicted
of a felony, other than a felony traffic offense, or has served a felony
sentence, other than a sentence for a felony traffic offense, within the prior
15 years. As used in this subsection, “conviction” means an adjudication of
guilt upon a verdict or finding entered in a criminal proceeding in a court of
competent jurisdiction.
SECTION 14. ORS 20.107 is amended to read:
20.107. (1) In any civil
judicial proceeding, including judicial review of an administrative proceeding
based on a claim of unlawful discrimination, the court shall award to the
prevailing plaintiff attorney and expert witness fees reasonably and
necessarily incurred in connection with the discrimination claim, at the trial
court or agency level and on appeal. The court may award reasonable attorney
fees and expert witness fees incurred by a defendant who prevails in the action
if the court determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no reasonable basis for appealing an adverse decision
of a trial court or agency.
(2) In making an award
under this section, the court shall calculate attorney and expert witness fees
on the basis of a reasonable hourly rate at the time the award is made,
multiplied by the amount of time actually and reasonably spent in connection
with the discrimination claim.
(3) When an award under
this section is made against a state agency or an officer or employee of a
state agency, the award shall be paid by the agency directly from funds
available to it.
(4) As used in this
section, “unlawful discrimination” means discrimination based upon personal
characteristics including, but not limited to, [gender,] race, religion, sex, sexual orientation, national
origin, [age] alienage,
marital status[, race, religion or
alienage] or age.
SECTION 15. ORS 30.860 is amended to read:
30.860. (1) [No] A person or governmental
entity [shall] may not
discriminate against, boycott, blacklist[,]
or refuse to buy from, sell to or trade with any person because of
foreign government imposed or sanctioned discrimination based upon the [national origin,] race, [or] religion, sex, sexual orientation
or national origin of [such] the
person or of [such] the person’s
partners, members, directors, stockholders, agents, employees, business
associates, suppliers or customers.
(2) Any person directly
injured in business or property by a violation of subsection (1) of this
section may sue whoever knowingly practices, or conspires to practice,
activities prohibited by subsection (1) of this section, and shall recover
threefold the damages sustained. The court shall award
reasonable attorney fees to the prevailing plaintiff in an action under this
section. The court may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court determines that
the plaintiff had no objectively reasonable basis for asserting a claim or no
objectively reasonable basis for appealing an adverse decision of a trial
court.
SECTION 16. ORS 93.270 is amended to read:
93.270. (1) [No] A person conveying or
contracting to convey fee title to real property [shall] may not include in an instrument for [such] that purpose a provision:
(a) Restricting the use
of the real property by any person or group of persons by reason of race,
color, [race,] religion, sex,
sexual orientation, national origin or [physical
or mental handicap] disability.
(b) Restricting the use
of the real property by any home or facility that is licensed by or under the
authority of the department under ORS 443.400 to 443.455 or 443.705 to 443.825
to provide residential care alone or in conjunction with treatment or training
or a combination thereof.
(2) Any [such] provision in an instrument
executed in violation of subsection (1) of this section is void and
unenforceable.
(3) [No] An instrument that contains a
provision restricting the use of real property in a manner listed in subsection
(1)(b) of this section [shall] does
not give rise to any public or private right of action to enforce the
restriction.
(4)(a) [No] An instrument that contains a
provision restricting the use of real property by requiring roofing materials
with a lower fire rating than that required in the state building code
established under ORS chapter 455 [shall]
does not give rise to any public or private right of action to enforce
the restriction in an area determined by a local jurisdiction as a wildfire
hazard zone. Prohibitions on public or private right of action under this
paragraph are limited solely to considerations of fire rating.
(b) As used in this
subsection, “wildfire hazard zones” are areas that are legally declared by a
governmental agency having jurisdiction over the area to have special hazards
caused by a combination of combustible natural fuels, topography and climatic
conditions that result in a significant hazard of catastrophic fire over
relatively long periods each year. Wildfire hazard zones shall be determined
using criteria established by the State Forestry Department.
SECTION 17. ORS 109.035 is amended to read:
109.035. (1) As used in this section:
(a) “Custody order”
includes any order or judgment establishing or modifying custody of, or
parenting time or visitation with, a minor child as described in ORS 107.095,
107.105 (1), 107.135 or 109.103.
(b) “Foreign country”
means any country that:
(A) Is not a signatory
to the Hague Convention on the Civil Aspects of International Child Abduction;
(B) Does not provide for
the extradition to the
(C) Has local laws or
practices that would restrict the other parent of the minor child from freely
traveling to or exiting from the country because of the [gender,] race, [or]
religion, sex or sexual orientation of the other parent;
(D) Has local laws or
practices that would restrict the ability of the minor child from legally
leaving the country after the child reaches the age of majority because of the
[gender,] race, [or] religion, sex or sexual
orientation of the child; or
(E) Poses a significant
risk that the physical health or safety of the minor child would be endangered
in the country because of war, human rights violations or specific circumstances
related to the needs of the child.
(2) A court that finds
by clear and convincing evidence a risk of international abduction of a minor
child may issue a court order requiring a parent who is subject to a custody
order and who plans to travel with a minor child to a foreign country to
provide security, bond or other guarantee as described in subsection (4) of
this section.
(3) In determining
whether a risk of international abduction of a minor child exists, a court
shall consider the following factors involving a parent who is subject to a
custody order:
(a) The parent has taken
or retained, attempted to take or retain or threatened to take or retain a
minor child in violation of state law or a valid custody order and the parent
is unable to present clear and convincing evidence that the parent believed in
good faith that the conduct was necessary to avoid imminent harm to the parent
or the child;
(b) The parent has
recently engaged in a pattern of activities that indicates the parent is planning
to abduct the minor child from this country;
(c) The parent has
strong familial, emotional or cultural connections to this country or another
country, regardless of citizenship or residency status; and
(d) Any other relevant
factors.
(4) A security, bond or
other guarantee required by a court under this section may include, but is not
limited to, any of the following:
(a) A bond or security
deposit in an amount that is sufficient to offset the cost of recovering the
minor child if the child is abducted;
(b) Supervised parenting
time; or
(c) Passport and travel
controls, including but not limited to controls that:
(A) Prohibit the parent
from removing the minor child from this state or this country;
(B) Require the parent
to surrender a passport or an international travel visa that is issued in the
name of the minor child or jointly in the names of the parent and the child;
(C) Prohibit the parent
from applying for a new or replacement passport or international travel visa on
behalf of the minor child; and
(D) Require the parent
to provide to a relevant embassy or consulate and to the Office of Children’s
Issues in the United States Department of State the following documents:
(i) Written notice of
passport and travel controls required under this paragraph; and
(ii) A certified copy of
a court order issued under this section.
(5) After considering
the factors under subsection (3) of this section and requiring a security, bond
or other guarantee under this section, the court shall issue a written
determination supported by findings of fact and conclusions of law.
(6) Nothing in this
section is intended to limit the inherent power of a court in matters relating
to children.
SECTION 18. ORS 166.155 is amended to read:
166.155. (1) A person
commits the crime of intimidation in the second degree if the person:
(a) Tampers or
interferes with property, having no right to do so nor reasonable ground to
believe that the person has such right, with the intent to cause substantial
inconvenience to another because of the person’s perception of the other’s
race, color, religion, [national origin
or] sexual orientation or national origin;
(b) Intentionally
subjects another to offensive physical contact because of the person’s
perception of the other’s race, color, religion, [national origin or] sexual orientation or national origin;
or
(c) Intentionally,
because of the person’s perception of race, color, religion, [national origin or] sexual orientation or
national origin of another or of a member of the other’s family, subjects [such] the other person to alarm
by threatening:
(A) To inflict serious
physical injury upon or to commit a felony affecting [such] the other person, or a member of the person’s family;
or
(B) To cause substantial
damage to the property of the other person or of a member of the other person’s
family.
(2) Intimidation in the
second degree is a Class A misdemeanor.
(3) For purposes of this
section[:],
[(a)] “property” means any tangible
personal property or real property.
[(b) “Sexual orientation” means heterosexuality, homosexuality or
bisexuality.]
SECTION 19. ORS 166.165 is amended to read:
166.165. (1) Two or more
persons acting together commit the crime of intimidation in the first degree,
if the persons:
(a)(A) Intentionally,
knowingly or recklessly cause physical injury to another person because of the
actors’ perception of that person’s race, color, religion, [national origin or] sexual orientation or
national origin; or
(B) With criminal
negligence cause physical injury to another person by means of a deadly weapon
because of the actors’ perception of that person’s race, color, religion, [national origin or] sexual orientation or
national origin;
(b) Intentionally,
because of the actors’ perception of another person’s race, color, religion, [national origin or] sexual orientation or
national origin, place another person in fear of imminent serious physical
injury; or
(c) Commit such acts as
would constitute the crime of intimidation in the second degree, if undertaken
by one person acting alone.
(2) Intimidation in the
first degree is a Class C felony.
[(3) “Sexual orientation” has the meaning given that term in ORS
166.155.]
SECTION 20. ORS 179.750 is amended to read:
179.750. (1)
Discrimination may not be made in the admission, accommodation, care, education
or treatment of any person in a state institution because the person does or
does not contribute to the cost of the care.
(2) Discrimination may
not be made in the provision of or access to educational facilities and
services and recreational facilities and services to any person in the state
institutions enumerated in ORS 420.005 or Department of Corrections
institutions as defined in ORS 421.005 on the basis of race, religion, sex, sexual
orientation, national origin or marital status [or national origin] of the person. This subsection does not require
combined domiciliary facilities at the state institutions to which it applies.
SECTION 21. ORS 192.630 is amended to read:
192.630. (1) All meetings of the governing body of a public body shall be
open to the public and all persons shall be permitted to attend any meeting
except as otherwise provided by ORS 192.610 to 192.690.
(2) A quorum of a
governing body may not meet in private for the purpose of deciding on or
deliberating toward a decision on any matter except as otherwise provided by
ORS 192.610 to 192.690.
(3) A governing body may
not hold a meeting at any place where discrimination on the basis of race, [creed,] color, creed, sex, [age,] sexual orientation,
national origin, age or disability is practiced. However, the fact that
organizations with restricted membership hold meetings at the place does not
restrict its use by a public body if use of the place by a restricted
membership organization is not the primary purpose of the place or its predominate use.
(4) Meetings of the
governing body of a public body shall be held within the geographic boundaries
over which the public body has jurisdiction, or at the administrative
headquarters of the public body or at the other nearest practical location.
Training sessions may be held outside the jurisdiction as long as no
deliberations toward a decision are involved. A joint meeting of two or more
governing bodies or of one or more governing bodies and the elected officials
of one or more federally recognized Oregon Indian tribes shall be held within
the geographic boundaries over which one of the participating public bodies or
one of the Oregon Indian tribes has jurisdiction or at the nearest practical location.
Meetings may be held in locations other than those described in this subsection
in the event of an actual emergency necessitating immediate action.
(5)(a) It is
discrimination on the basis of disability for a governing body of a public body
to meet in a place inaccessible to the disabled, or, upon request of a deaf or
hard-of-hearing person, to fail to make a good faith effort to have an
interpreter for deaf or hard-of-hearing persons provided at a regularly
scheduled meeting. The sole remedy for discrimination on the basis of
disability shall be as provided in ORS 192.680.
(b) The person
requesting the interpreter shall give the governing body at least 48 hours’
notice of the request for an interpreter, shall provide the name of the
requester, sign language preference and any other relevant information the
governing body may request.
(c) If a meeting is held
upon less than 48 hours’ notice, reasonable effort shall be made to have an
interpreter present, but the requirement for an interpreter does not apply to
emergency meetings.
(d) If certification of
interpreters occurs under state or federal law, the Department of Human
Services or other state or local agency shall try to refer only certified
interpreters to governing bodies for purposes of this subsection.
(e) As used in this
subsection, “good faith effort” includes, but is not limited to, contacting the
department or other state or local agency that maintains a list of qualified
interpreters and arranging for the referral of one or more [such persons] qualified interpreters
to provide interpreter services.
SECTION 22. ORS 240.306 is amended to read:
240.306. (1) Recruiting,
selecting and promoting employees shall be on the basis of their relative
ability, knowledge, experience and skills, determined by open competition and
consideration of qualified applicants, without regard to an individual’s race,
color, religion, sex, [marital status,]
sexual orientation, national origin, [political affiliation,] marital status, age, disability,
political affiliation or other nonjob related factors, with proper regard
for an individual’s privacy. Nothing in this subsection shall be construed to
enlarge or diminish the obligation of the state or the rights of employees
concerning claims of employment discrimination as prescribed by applicable
state and federal employment discrimination laws.
(2) The Oregon
Department of Administrative Services shall establish procedures to provide for
statewide open recruitment and selection for classifications [which] that are common to state
agencies. [Such] The
procedures shall include adequate public notice, affirmative action to seek out
underutilized members of protected minorities, and job related testing. The
department may delegate to individual operating agencies the responsibility for
recruitment and selection of classifications where appropriate.
(3) Competition for
appropriate positions may be limited to facilitate employment of those with a
substantial disability or who are economically disadvantaged, or for purposes
of implementing a specified affirmative action program.
(4) Appointments to
positions in state service shall be made on the basis of qualifications and
merit by selection from eligible lists established by the department or a
delegated operating agency.
(5)(a) Noncompetitive
selection and appointment procedures may be used for unskilled or semiskilled
positions, or where job related ranking measures are not practical or
appropriate.
(b) Noncompetitive
selection and appointment or direct appointment also may be used by agency
appointing authorities to fill positions that:
(A) Require special or
unique skills such as expert professional level or executive positions; or
(B) Have critical timing
requirements affecting recruitment.
(6) Minimum qualifications
and performance requirements and duties of a classification may be
appropriately modified to permit the appointment and promotion of trainees to
positions normally filled at full proficiency level.
(7) The department or
delegated agencies shall establish systems to provide opportunities for
promotion through meritorious service, training, education and
career development assignments. The department shall certify to the
eligibility of persons selected for promotion or delegate that responsibility
to operating agencies in appropriate situations. Provision shall be made to
bring persons into state service through open competition at higher levels [where such] when the competition
provides abilities not available among existing employees, enrich state service
or contribute to improved employment opportunity for underrepresented groups.
SECTION 23. ORS 338.125 is amended to read:
338.125. (1) Student
enrollment in a public charter school shall be voluntary. All students who
reside within the school district where the public charter school is located
are eligible for enrollment at a public charter school. If the number of
applications from students who reside within the school district exceeds the
capacity of a program, class, grade level or building, the public charter
school shall select students through an equitable lottery selection process.
However, after a public charter school has been in operation for one or more
years, the public charter school may give priority for admission to students:
(a) Who were enrolled in
the school in the prior year; or
(b) Who have siblings
who are presently enrolled in the school and who were enrolled in the school in
the prior year.
(2)(a) If space is
available a public charter school may admit students who do not reside in the
school district in which the public charter school is located.
(b) Notwithstanding
paragraph (a) of this subsection, if a public charter school offers any online
courses as part of the curriculum of the school, then 50 percent or more of the
students who attend the public charter school must reside in the school
district in which the public charter school is located.
(3) A public charter
school may not limit student admission based on race, religion, sex, sexual
orientation, ethnicity, national origin, [race, religion,] disability, [gender,]
income level, proficiency in the English language or athletic ability, but may
limit admission to students within a given age group or grade level.
(4) A public charter
school may conduct fund-raising activities. However, a public charter school [shall] may not require a student
to participate in fund-raising activities as a condition of admission to the
public charter school.
SECTION 24. ORS 418.648 is amended to read:
418.648. A foster parent
has the right to:
(1) Be treated with
dignity, respect and trust as a member of a team, including respect for the
family values and routines of the foster parent.
(2) Be included as a
valued member of a team that provides care and planning for a foster child placed
in the home of the foster parent.
(3) Receive support
services, as resources permit, from the Department of Human Services that are
designed to assist in the care of the foster child placed in the home of the
foster parent.
(4) Be informed of any condition
that relates solely to a foster child placed in the home of the foster parent
that may jeopardize the health or safety of the foster parent or other members
of the home or alter the manner in which foster care should be provided to the
foster child. The information shall include complete access to written reports,
psychological evaluations and diagnoses that relate solely to a foster child
placed in the home of the foster parent provided that confidential information
given to a foster parent must be kept confidential by the foster parent, except
as necessary to promote or to protect the health and welfare of the foster
child and the community.
(5) Have input into a
permanency plan for a foster child placed in the home of the foster parent.
(6) Receive assistance
from the department in dealing with family loss and separation when the foster
child leaves the home of the foster parent.
(7) Be informed of all
policies and procedures of the department that relate to the role of the foster
parent.
(8) Be informed of how
to receive services and to have access to department personnel or service
providers 24 hours a day, seven days a week.
(9) Initiate an inactive
referral status for a reasonable period of time, not to exceed 12 months, to
allow a foster parent relief from caring for foster children.
(10) Not be
discriminated against on the basis of race, color, religion, sex, sexual
orientation, national origin, age or disability.
(11) Be notified of the
foster parent’s right to limited participation in proceedings in the juvenile
court and provided with an explanation of that right.
SECTION 25. ORS 418.925 is amended to read:
418.925. As used in ORS
418.925 to 418.945, “refugee child” is a person under 18 years of age who has
entered the United States and is unwilling or unable to return to the person’s
country because of persecution or a well-founded fear of persecution on account
of race, religion, sex, sexual orientation, nationality, membership in a
particular group or political opinion, or whose parents entered the United
States within the preceding 10 years and are or were unwilling or unable to
return to their country because of persecution or a well-founded fear of
persecution on account of race, religion, sex, sexual orientation,
nationality, membership in a particular group or political opinion.
SECTION 26. ORS 430.550 is amended to read:
430.550. [No] A person, otherwise eligible,
[shall] may not be denied
evaluation or treatment under ORS 430.450 to 430.555 on account of [age,] the person’s race, religion,
sex, [race,] sexual orientation,
nationality, [religious preference] age
or ability to pay.
SECTION 27. ORS 443.739 is amended to read:
443.739. Residents of
adult foster homes have the following rights. Providers shall guarantee these
rights and help residents exercise them. The provider shall post a copy of the
Residents’ Bill of Rights in the entry or other equally prominent place in the
adult foster home. The Residents’ Bill of Rights states that each resident of
an adult foster home has the right to:
(1) Be treated as an
adult, with respect and dignity.
(2) Be informed of all
resident rights and all house rules.
(3) Be encouraged and
assisted to exercise legal rights, including the right to vote.
(4) Be informed of the
resident’s medical condition and the right to consent to or refuse treatment.
(5) Receive appropriate
care and services, and prompt medical care as needed.
(6) A safe and secure
environment.
(7) Be free from mental
and physical abuse.
(8) Be free from chemical
or physical restraints except as ordered by a physician or other qualified
practitioner.
(9) Complete privacy
when receiving treatment or personal care.
(10) Associate and
communicate privately with any person the resident chooses.
(11) Send and receive
personal mail unopened.
(12) Participate in
activities of social, religious and community groups.
(13) Have medical and
personal information kept confidential.
(14) Keep and use a
reasonable amount of personal clothing and belongings, and to have a reasonable
amount of private, secure storage space.
(15) Manage the resident’s
own money and financial affairs unless legally restricted.
(16) Be free from
financial exploitation. The provider [shall]
may not charge or ask for application fees or nonrefundable deposits and
[shall] may not solicit,
accept or receive money or property from a resident other than the amount
agreed to for services.
(17) A written agreement
regarding the services to be provided and the rate schedule to be charged. The
provider must give 30 days’ written notice before any change in the rates or
the ownership of the home.
(18) Not to be
transferred or moved out of the adult foster home without 30 days’ advance
written notice and an opportunity for a hearing. A provider may transfer or
discharge a resident only for medical reasons including a medical emergency
described in ORS 443.738 (11)(b), or for the welfare
of the resident or other residents, or for nonpayment.
(19) Be free of
discrimination in regard to race, color, [national
origin,] religion, sex, sexual orientation or [religion] national origin.
(20) Make suggestions
and complaints without fear of retaliation.
SECTION 28. ORS 458.505 is amended to read:
458.505. (1) The
community action agency network, established initially under the federal
Economic Opportunity Act of 1964, shall be the delivery system for federal
antipoverty programs in Oregon, including the Community Services Block Grant,
Low Income Energy Assistance Program, State Department of Energy Weatherization
Program and such others as may become available.
(2) Funds for such
programs shall be distributed to the community action agencies by the Housing
and Community Services Department with the advice of the Community Action
Directors of Oregon.
(3) In areas not served
by a community action agency, funds other than federal community services funds
may be distributed to and administered by organizations that are found by the
Housing and Community Services Department to serve the antipoverty purpose of
the community action agency network.
(4) In addition to
complying with all applicable requirements of federal law, a community action
agency shall:
(a) Be an office,
division or agency of the designating political subdivision or a not for profit
organization in compliance with ORS chapter 65.
(b) Have a community
action board of at least nine but no more than 33 members, constituted so that:
(A) One-third of the
members of the board are elected public officials currently serving or their
designees. If the number of elected officials reasonably available and willing
to serve is less than one-third of the membership, membership of appointed
public officials may be counted as meeting the one-third requirement;
(B) At least one-third
of the members are persons chosen through democratic selection procedures
adequate to assure that they are representatives of the poor in the area
served; and
(C) The remainder of the
members are officials or members of business,
industry, labor, religious, welfare, education or other major groups and
interests in the community.
(c) If the agency is a
private not for profit organization, be governed by the Community Action Board.
The board shall have all duties, responsibilities and powers normally
associated with such boards, including, but not limited to:
(A) Selection,
appointment and dismissal of the executive director of the agency;
(B) Approval of all
contracts, grant applications and budgets and operational policies of the
agency;
(C) Evaluation of
programs; and
(D) Securing an annual
audit of the agency.
(d) If the organization
is an office, division or agency of a political subdivision, be administered by
the board [which] that shall
provide for the operation of the agency and be directly responsible to the
governing board of the political subdivision. The administering board at a minimum, shall:
(A) Review and approve
program policy;
(B) Be involved in and
consulted on the hiring and firing of the agency director;
(C) Monitor and evaluate
program effectiveness;
(D) Ensure the
effectiveness of community involvement in the planning process; and
(E) Assume all duties
delegated to it by the governing board.
(e) Have a clearly
defined, specified service area. Community action service areas [shall] may not overlap.
(f) Have an accounting
system [which] that meets
generally accepted accounting principles and be so
certified by an independent certified accountant.
(g) Provide assurances
against the use of government funds for political activity by the community
action agency.
(h) Provide assurances
that no person shall, on the grounds of race, color, [national origin or] sex, sexual orientation or national origin be
excluded from participation in, be denied the benefits of or be subjected to
discrimination under any program or activity funded in whole or in part with
funds made available through the community action program.
(i) Provide assurances
the community action agency shall comply with any prohibition against
discrimination on the basis of age under the Age Discrimination Act of 1975 or
with respect to an otherwise qualified individual with disabilities as provided
in section 504 of the Rehabilitation Act of 1973.
(5) For the purposes of
this section, the Oregon Human Development Corporation is eligible to receive
federal community service funds and low-income energy assistance funds.
(6) The Housing and
Community Services Department shall:
(a) Administer federal
and state antipoverty programs.
(b) Apply for all
available antipoverty funds on behalf of eligible entities as defined in this
section.
(c) In conjunction with
the Community Action Directors of Oregon, develop a collaborative role in
advocating for, and addressing the needs of, all low income Oregonians.
(d) Biennially produce
and make available to the public a status report on efforts by it and state
agencies to reduce the incidence of poverty in
(e) On a regular basis
provide information to the Community Action Directors of Oregon on the
activities and expenditures of the Housing and Community Services Department.
(f) As resources are
available, provide resources for technical assistance, training and program
assistance to eligible entities.
(g) As resources are
available, provide resources for the training and technical assistance needs of
the Community Action Directors of Oregon.
(h) Conduct a planning
process to meet the needs of low income people in
(i) Limit its
administrative budget in an effort to maximize the availability of antipoverty
federal and state funds for expenditures by local eligible entities.
SECTION 29. ORS 659.850 is amended to read:
659.850. (1) As used in
this section, “discrimination” means any act that unreasonably differentiates
treatment, intended or unintended, or any act that is fair in form but
discriminatory in operation, either of which is based on [age, disability, national origin, race, marital status, religion or sex]
race, color, religion, sex, sexual orientation, national origin, marital
status, age or disability. “Discrimination” does not include enforcement of an
otherwise valid dress code or policy, as long as the code or policy provides,
on a case-by-case basis, for reasonable accommodation of an individual based on
the health and safety needs of the individual.
(2) [No] A person [in Oregon shall] may not be
subjected to discrimination in any public elementary, secondary or community
college education program or service, school or interschool activity or in any
higher education program or service, school or interschool activity where the
program, service, school or activity is financed in whole or in part by moneys
appropriated by the Legislative Assembly.
(3) The State Board of
Education and the State Board of Higher Education shall establish rules
necessary to [insure] ensure
compliance with subsection (2) of this section in the manner required by ORS
chapter 183.
SECTION 30. ORS 660.139 is amended to read:
660.139. (1) Unless the
State Apprenticeship and Training Council determines there is an adverse impact
on apprenticeship opportunities based on an individual’s race, sex, sexual
orientation or ethnic group, an applicant who is otherwise eligible for
selection as an apprentice under the selection method used by the local joint
committee may, with the consent of the applicant, be indentured to a family
business or the applicant’s current employer without regard to whether another
employer would otherwise be entitled to indenture the apprentice under the
selection method used by the local joint committee.
(2) As used in this
section:
(a) “Current employer”
means the employer with whom the applicant has been a full-time, regular
employee for at least six months before the applicant is selected into the
apprenticeship program.
(b) “Family business”
means a business owned in whole or in part by a parent or grandparent of the
applicant.
SECTION 31. ORS 744.353 is amended to read:
744.353. (1) A licensee
[shall] may not pay or offer
to pay a finder’s fee, commission or other compensation to a person described
in this subsection, in connection with a policy insuring the life of an
individual with a terminal illness or condition. The prohibition under this
subsection applies with respect to payments or offers of payment to:
(a) The physician,
attorney or accountant of the policyholder, of the certificate holder or of the
insured individual when the individual is other than the policyholder or
certificate holder.
(b) Any person other
than a physician, attorney or accountant described in paragraph (a) of this
subsection, who provides medical, legal or financial
planning services to the policyholder, to the certificate holder or to the
insured individual when the individual is other than the policyholder or
certificate holder.
(c) Any person other
than one described in paragraph (a) or (b) of this subsection who acts as an
agent of the policyholder, certificate holder or insured individual.
(2) A licensee [shall] may not solicit an
investor who could influence the treatment of the illness or condition of the
individual whose life would be the subject of a life settlement contract.
(3) All information
solicited or obtained from a policyholder or certificate holder by a licensee [shall be] is subject to ORS
746.600 to 746.690. For purposes of this subsection, a licensee [shall be] is considered an
insurance-support organization within the meaning of ORS 746.600.
(4) A licensee [shall] may not discriminate in
the making of a life settlement contract on the basis of race, [age] religion, creed, sex, sexual
orientation, national origin, [creed,
religion, occupation,] marital [or
family] status, age, familial status[, sexual orientation,] or occupation or discriminate between
persons who have dependents and persons who do not have dependents.
SECTION 32. ORS 236.380 is repealed.
SECTION 33. ORS 353.100 is amended to read:
353.100. (1) The
provisions of ORS chapters 35, 190, 192, 244 and 295 and ORS 30.260 to 30.460,
200.005 to 200.025, 200.045 to 200.090, 236.605 to 236.640, 243.650 to 243.782,
297.040, 307.090 and 307.112 [shall]
apply to Oregon Health and Science University under the same terms as they
apply to public bodies other than the state.
(2) Except as otherwise
provided by law, the provisions of ORS chapters 182, 183, 240, 270, 273, 276,
279A, 279B, 279C, 283, 291, 292, 293, 294 and 297 and ORS 35.550 to 35.575,
180.060, 180.210 to 180.235, 183.710 to 183.725, 183.745, 183.750, 184.305 to
184.345, 190.430, 190.480, 190.490, 192.105, 200.035, [236.380,] 243.105 to 243.585, 243.696, 278.011 to 278.120, 278.315
to 278.415, 279.835 to 279.855, 282.010 to 282.150, 357.805 to 357.895 and
656.017 (2) [shall] do not
apply to the university or any not-for-profit organization or other entity if
the equity of the entity is owned exclusively by the university and if the
organization or entity is created by the university to advance any of the
university’s statutory missions.
(3) The university, as a
distinct governmental entity, or any organization or entity described in
subsection (2) of this section [shall not
be] is not subject to any provision of law enacted after January 1,
1995, with respect to any governmental entity, unless the provision
specifically provides that it applies to the university or to the organization
or entity.
SECTION 34. ORS 421.352 is amended to read:
421.352. (1) The
provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283,
291, 292 and 293 and ORS 35.550 to 35.575, 183.710 to 183.725, 183.745,
183.750, 184.345, 190.430, 190.490, 200.035, [236.380,] 236.605 to 236.640, 243.303, 243.305, 243.315, 243.325 to
243.335, 243.345, 243.350, 243.696, 279.835 to 279.855, 282.010 to 282.150 and
656.017 (2) [shall] do not
apply to Oregon Corrections Enterprises.
(2) Oregon Corrections
Enterprises [shall not be] is not
subject to any provision of law enacted after December 2, 1999, that governs
state agencies generally unless the provision specifically provides that it
applies to Oregon Corrections Enterprises.
SECTION 35. The amendments to ORS 30.860, 93.270,
109.035, 166.155, 166.165, 179.750, 418.648, 443.739, 458.505, 659.850,
659A.030, 659A.403, 659A.406, 659A.409, 659A.421, 660.139 and 744.353 by
sections 4, 5, 6, 7, 8, 15, 16, 17, 18, 19, 20, 24, 27, 28, 29, 30 and 31 of
this 2007 Act apply to acts committed on or after the effective date of this
2007 Act.
SECTION 36. The amendments to ORS 10.030 by section 13
of this 2007 Act apply to opportunities for jury service arising on or after
the effective date of this 2007 Act.
SECTION 37. The amendments to ORS 20.107 by section 14
of this 2007 Act apply to claims of unlawful discrimination filed on or after
the effective date of this 2007 Act.
SECTION 38. The amendments to ORS 192.630 by section 21
of this 2007 Act apply to meetings held on or after the effective date of this
2007 Act.
SECTION 39. The amendments to ORS 240.306 by section 22
of this 2007 Act apply to employee recruitment, selection and promotion on or
after the effective date of this 2007 Act.
SECTION 40. The amendments to ORS 338.125 by section 23
of this 2007 Act apply to students admitted on or after the effective date of
this 2007 Act.
SECTION 41. The amendments to ORS 430.550 by section 26
of this 2007 Act apply to evaluations or treatment performed on or after the
effective date of this 2007 Act.
SECTION 42. The amendments to ORS 10.030, 20.107,
30.860, 93.270, 109.035, 166.155, 166.165, 174.100, 179.750, 192.630, 240.306,
338.125, 353.100, 418.648, 418.925, 421.352, 430.550, 443.739, 458.505,
659.850, 659A.003, 659A.006, 659A.030, 659A.403, 659A.406, 659A.409, 659A.421,
659A.424, 659A.805, 659A.815, 659A.885, 660.139 and 744.353 by sections 1 to
31, 33 and 34 of this 2007 Act and the repeal of ORS 236.380 by section 32 of
this 2007 Act may be cited as the Oregon Equality Act.
Approved by the Governor May 9, 2007
Filed in the office of Secretary of State May 9, 2007
Effective date January 1, 2008
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