Employment

4.620 Human Rights - Employment Practices
  1. It shall be an unlawful employment practice:
    1. For an employer to refuse to hire, employ or promote, to bar or discharge from employment, or to discriminate in compensation or in terms, conditions or privileges of employment:
      1. Because of an individual's race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, or source of income; or
      2. Because an individual is a person with a disability which, with reasonable accommodation by the employer, does not prevent the performance of the work involved; or
      3. Because of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262.

    2. However, discrimination is not an unlawful employment practice if such discrimination results from a bona fide occupational requirement reasonably necessary to the normal operation of the employer's business.

    3. For a labor organization to exclude or expel from its membership, or otherwise to discriminate in any way against any individual:
      1. Because of an individual's race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income, or because an individual is a person with a disability; or
      2. Because of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262.

    4. For an employer or employment agency to print or circulate, or cause to be printed or circulated, any statement, advertisement, or publication, or to use any employment application form, or make any inquiry in connection with prospective employment which expresses, directly or indirectly, any limitation, specification or discrimination, or any intent to make such limitation, specification or discrimination:
      1. Because of an individual's race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income, or because an individual is a person with a disability; or
      2. Because of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, unless based upon a bona fide occupational qualification reasonably necessary to the normal operation of the employer's business, or unless otherwise provided by federal law.

    5. Unless a determination is made that a designation expresses an intent to limit, specify or discriminate, identifying employees according to race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income, or disability does not violate this section.

    6. For an employment agency to classify or refer for employment, or to fail or refuse to refer for employment, or otherwise to discriminate in any way against any individual:
      1. Because of the individual's race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income, or because an individual is a person with a disability; or
      2. Because of a juvenile record, that has been expunged pursuant to ORS 419A.260 and 419A.262.

    7. However, it shall not be an unlawful practice for an employment agency to classify or refer for employment any individual where such classification or referral results from a bona fide occupational requirement reasonably necessary to the normal operation of the employer's business, or where such classification or referral is allowed under federal law.

    8. For any person, whether an employer or an employee, to assist, induce, compel or coerce the doing of any of the acts forbidden under sections 4.613 to 4.640 of this code, or to attempt to do so.

    9. For a vocational, professional, or trade school licensed to operate in Oregon to refuse admission to or discriminate in its admission against or discriminate in giving instruction to any otherwise qualified person because of race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income, or because an individual is a person with a disability.

    10. For an employer, labor organization, employment agency or a local joint committee controlling apprentice training programs:
      1. To deny or withhold from an individual the right to be admitted to or participate in a guidance program, an apprenticeship training program, an on-the-job training program, or other occupational training or retraining program;
      2. To discriminate against an individual in the terms, conditions or privileges of such programs; or
      3. To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any application form for such programs, or to make an inquiry in connection with such programs which expresses, directly or indirectly, any limitation, specification, or discrimination, or any intent to make any such limitation, specification, or discrimination, because of the race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, or source of income of any person, or because an individual is a person with a disability.

    11. For purposes of this subsection 1, receipt or alleged receipt of treatment for a mental disorder shall not constitute evidence of a person's inability to perform the duties of a particular job or position.

  2. It shall be an unlawful employment practice for any person to discriminate against an individual in any manner set forth in subsection 1 of this section because of the race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income or disability of any other person with whom the individual associates.

  3. It shall not be an unlawful employment practice under this section:
    1. For a bona fide church or other 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:
      1. That religious sect or persuasion to which the employee or applicant belongs is the same as that of such bona fide church or other religious institution;
      2. In the opinion of such bona fide church or other religious institution, such a preference will best serve the purposes of such bona fide church or other religious institution; and
      3. The employment involved is closely connected with or related to the primary purposes of the bona fide church or other religious institution, and is not connected with a commercial or business activity which has no necessary relationship to the bona fide church or other religious institution, or to its primary purpose.

    2. For an employer, labor organization, employment agency or local joint committee controlling apprentice training programs to select an apprentice on the basis of the ability to complete the required apprenticeship training before attaining the age of 70 years.

    3. 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. As used herein, "responsible for a minor child" means having custody or legal guardianship of a minor child or acting in loco parentis to the child.

  4. The compulsory retirement of an employee at any age shall not be an unlawful employment practice if lawful under federal law.

(Section 4.620 amended by Ordinance No. 17256, enacted February 24, 1975; Ordinance No. 17479, enacted November 24, 1975; Ordinance No. 18251, enacted August 28, 1978; Ordinance No. 19970, enacted May 11, 1994; and Ordinance No. 20264, enacted November 12, 2002, effective December 12, 2002.)