US Laws, Codes, Statutes & Cases

Chapter 659A — Unlawful Discrimination in Employment,

Public Accommodations and Real Property Transactions;

Administrative and Civil Enforcement

 

2007 EDITION

 

UNLAWFUL DISCRIMINATION

 

LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

DEFINITIONS

 

659A.001  Definitions

 

PURPOSE AND POLICY

 

659A.003  Purpose of ORS chapter 659A

 

659A.006  Declaration of policy against unlawful discrimination; opportunity to obtain employment without unlawful discrimination recognized as a civil right; exception of religious group

 

659A.009  Declaration of policy against discrimination in employment because of age

 

659A.012  State agencies to carry out policy against discrimination in employment; evaluation of supervisors; affirmative action reports

 

659A.015  Affirmative action reports to include information on contracts to minority businesses

 

UNLAWFUL EMPLOYMENT DISCRIMINATION BECAUSE OF RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, MARITAL STATUS OR AGE

 

659A.029  “Because of sex” defined for ORS 659A.030

 

659A.030  Discrimination because of race, religion, color, sex, national origin, marital status or age prohibited

 

UNLAWFUL EMPLOYMENT DISCRIMINATION AGAINST INJURED WORKERS

 

(Unlawful Discrimination Against Injured Workers)

 

659A.040  Discrimination against worker applying for workers’ compensation benefits prohibited

 

659A.043  Reinstatement of injured worker to former position; certificate evidencing ability to work; effect of collective bargaining agreement; termination of right to reinstatement; when reinstatement right terminates

 

659A.046  Reemployment of injured worker in other available and suitable work; termination of right to reemployment; effect of collective bargaining agreement

 

659A.049  Rights of reinstatement and reemployment protected

 

659A.052  Reemployment rights of injured state workers; rules

 

(Benefits for Injured State Workers and Covered Dependents)

 

659A.060  Definitions for ORS 659A.060 to 659A.069

 

659A.063  State to continue group health benefits for injured worker and covered dependents; when ended

 

659A.066  Worker may continue benefits after employer’s obligation ends

 

659A.069  Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited

 

UNLAWFUL DISCRIMINATION AGAINST PERSONS WITH DISABILITIES

 

659A.100  Definitions for ORS 659A.100 to 659A.145

 

659A.103  Policy

 

659A.106  Employers to whom ORS 659A.100 to 659A.145 apply

 

659A.109  Discrimination against worker for using procedures in ORS 659A.100 to 659A.145 prohibited

 

659A.112  Employment discrimination

 

659A.115  Qualification for position

 

659A.118  Reasonable accommodation

 

659A.121  Undue hardship

 

659A.124  Illegal use of drugs

 

659A.127  Permitted employer action

 

659A.130  Conditions that do not constitute impairment

 

659A.133  Medical examinations and inquiries of job applicants

 

659A.136  Medical examinations and inquiries of employees

 

659A.139  Construction of ORS 659A.112 to 659A.139

 

659A.142  Discrimination against person with disability by employment agency, labor organization, place of public accommodation or state government prohibited; mental disorder treatment not evidence of inability to manage property

 

659A.145  Discrimination against person with disability in real property transactions prohibited; advertising discriminatory preference prohibited; when necessary modification to be allowed; assisting discriminatory practices prohibited

 

FAMILY LEAVE

 

659A.150  Definitions for ORS 659A.150 to 659A.186

 

659A.153  Covered employers

 

659A.156  Eligible employees; exceptions

 

659A.159  Purposes for which family leave may be taken

 

659A.162  Length of leave; conditions; rules

 

659A.165  Notice to employer

 

659A.168  Medical verification and scheduling of treatment

 

659A.171  Job protection; benefits

 

659A.174  Use of paid leave

 

659A.177  Special rules for teachers

 

659A.180  Postings by employer

 

659A.183  Denying family leave to eligible employee prohibited; retaliation prohibited

 

659A.186  Exclusivity of provisions; construction

 

LEAVE TO ATTEND CRIMINAL PROCEEDING

 

659A.190  Definitions for ORS 659A.190 to 659A.198

 

659A.192  Leave to attend criminal proceeding; undue hardship on employer; scheduling criminal proceeding

 

659A.194  Denying leave to employee prohibited; civil action

 

659A.196  Notice to employer; records confidential

 

659A.198  Use of paid leave

 

WHISTLEBLOWING

 

(Disclosures by Public Employees)

 

659A.200  Definitions for ORS 659A.200 to 659A.224

 

659A.203  Prohibited conduct by public employer

 

659A.206  Effect on public employer’s authority over employees

 

659A.209  Effect on public record disclosures

 

659A.212  Policy on cooperation with law enforcement officials; duty to report person subject to warrant for arrest

 

659A.215  Remedies not exclusive

 

659A.218  Disclosure of employee’s name without consent prohibited

 

659A.221  Uniform application to all public employers; optional procedure for disclosures; rules

 

659A.224  Short title

 

(Initiating or Aiding Administrative, Criminal or Civil Proceeding)

 

659A.230  Discrimination for initiating or aiding in criminal or civil proceedings prohibited; remedies not exclusive

 

659A.233  Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited

 

(Legislative Testimony)

 

659A.236  Discrimination for testifying before Legislative Assembly, committee or task force prohibited

 

UNLAWFUL EMPLOYMENT DISCRIMINATION RELATING TO EMPLOYEE HOUSING

 

659A.250  Definitions for ORS 659A.250 to 659A.262

 

659A.253  Restriction of access to employee housing owned or controlled by employer prohibited; telephone accessibility

 

659A.256  Regulations by employers concerning use and occupancy of employee housing; requirements; notice

 

659A.259  Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited; enforcement

 

659A.262  Warrant on behalf of person entitled to access to housing; vacation of warrant; rules

 

LEAVE REQUIRED BECAUSE OF DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING

 

659A.270  Definitions for ORS 659A.270 to 659A.285

 

659A.272  Employer required to provide leave

 

659A.275  Undue hardship

 

659A.277  Denying leave to employee prohibited; civil action

 

659A.280  Notice to employer; records confidential

 

659A.285  Use of paid leave

 

MISCELLANEOUS UNLAWFUL EMPLOYMENT DISCRIMINATION

 

(Prohibited Testing)

 

659A.300  Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited; exceptions

 

659A.303  Employer prohibited from obtaining, seeking to obtain or using genetic information; remedies

 

659A.306  Requiring employee to pay for medical examination as condition of continued employment prohibited; exceptions

 

(Miscellaneous Provisions)

 

659A.309  Discrimination solely because of employment of another family member prohibited; exceptions

 

659A.312  Leave of absence to donate bone marrow; verification by employer

 

659A.315  Restricting use of tobacco in nonworking hours prohibited; exceptions

 

659A.318  Discrimination relating to academic degree in theology or religious occupations prohibited

 

659A.321  Seniority systems and benefit plans not unlawful employment practices

 

UNLAWFUL DISCRIMINATION IN PUBLIC ACCOMMODATIONS

 

659A.400  Place of public accommodation defined

 

659A.403  Discrimination in place of public accommodation prohibited

 

659A.406  Aiding or abetting certain discrimination prohibited

 

659A.409  Notice that discrimination will be made in place of public accommodation prohibited; age exceptions

 

UNLAWFUL DISCRIMINATION IN REAL PROPERTY TRANSACTIONS

 

659A.420  “Purchaser” defined for ORS 659A.421

 

659A.421  Discrimination in selling, renting or leasing real property prohibited

 

ADMINISTRATIVE ACTIONS FOR UNLAWFUL DISCRIMINATION

 

(Enforcement Powers of Bureau of Labor and Industries)

 

659A.800  Elimination and prevention of discrimination by Bureau of Labor and Industries; subpoenas

 

659A.805  Rules for carrying out ORS chapter 659A

 

659A.810  Willful interference with administration of law and violation of orders of commissioner prohibited

 

659A.815  Advisory agencies and intergroup-relations councils

 

(Complaint, Investigation and Hearing Procedures)

 

659A.820  Complaints

 

659A.825  Complaints filed by Attorney General or commissioner; temporary cease and desist orders in certain cases

 

659A.830  Authority of commissioner

 

659A.835  Investigation; finding of substantial evidence

 

659A.840  Settlement

 

659A.845  Formal charges

 

659A.850  Hearing; orders

 

659A.855  Civil penalty for certain complaints filed by commissioner

 

659A.860  Settlement agreements and orders

 

659A.865  Retaliatory action prohibited

 

CIVIL ACTIONS FOR UNLAWFUL DISCRIMINATION

 

659A.870  Election of remedies

 

659A.875  Time limitations

 

659A.880  Ninety-day notice

 

659A.885  Civil action

 

659A.890  Civil action for violation of ORS 659A.865

 

PENALTIES

 

659A.990  Penalties

 

DEFINITIONS

 

      659A.001 Definitions. As used in this chapter:

      (1) “Bureau” means the Bureau of Labor and Industries.

      (2) “Commissioner” means the Commissioner of the Bureau of Labor and Industries.

      (3) “Employee” does not include any individual employed by the individual’s parents, spouse or child or in the domestic service of any person.

      (4) “Employer” means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed.

      (5) “Employment agency” includes any person undertaking to procure employees or opportunities to work.

      (6)(a) “Familial status” means the relationship between one or more individuals who have not attained 18 years of age and who are domiciled with:

      (A) A parent or another person having legal custody of the individual; or

      (B) The designee of the parent or other person having such custody, with the written permission of the parent or other person.

      (b) “Familial status” includes any individual, regardless of age or domicile, who is pregnant or is in the process of securing legal custody of an individual who has not attained 18 years of age.

      (7) “Labor organization” includes any organization which is constituted for the purpose, in whole or in part, of collective bargaining or in dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employees.

      (8) “National origin” includes ancestry.

      (9) “Person” includes one or more individuals, partnerships, associations, labor organizations, limited liability companies, joint stock companies, corporations, legal representatives, trustees, trustees in bankruptcy or receivers. “Person” also includes a public body as defined in ORS 30.260.

      (10) “Respondent” means any person against whom a complaint or charge of an unlawful practice is filed with the commissioner or whose name has been added to such complaint or charge pursuant to ORS 659A.835.

      (11) “Unlawful employment practice” means a practice specifically denominated as an unlawful employment practice in this chapter. “Unlawful employment practice” includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter.

      (12) “Unlawful practice” means any unlawful employment practice or any other practice specifically denominated as an unlawful practice in this chapter. “Unlawful practice” includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. [2001 c.621 §1]

 

PURPOSE AND POLICY

 

      659A.003 Purpose of ORS chapter 659A. The purpose of this chapter is to encourage the fullest utilization of the available workforce by removing arbitrary standards of race, religion, color, sex, marital status, national origin or age 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 unlawful discrimination of any kind based on race, religion, color, sex, disability, marital status, national origin or familial status. 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 unlawful discrimination because of race, religion, color, sex, disability, marital status, national origin or familial status are based.

      (2) An adequate remedy for persons aggrieved by certain acts of unlawful discrimination because of race, religion, color, sex, disability, marital status, national origin or familial status, or unreasonable acts of discrimination in employment based upon age.

      (3) An adequate administrative machinery for the orderly resolution of complaints of unlawful discrimination through a procedure involving investigation, conference, conciliation and persuasion, to encourage the use in good faith of such machinery by all parties to a complaint of unlawful discrimination and to discourage unilateral action that makes moot the outcome of final administrative or judicial determination on the merits of such a complaint. [Formerly 659.022; 2005 c.22 §467; 2007 c.903 §1]

 

      Note: The amendments to 659A.003 by section 2, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 659A.003 by section 2, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 659A.003, as amended by section 2, chapter 100, Oregon Laws 2007, and including amendments by section 1a, chapter 903, Oregon Laws 2007, is set forth for the user’s convenience.

      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, sex, sexual orientation, national origin, 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 unlawful discrimination of any kind based on race, color, religion, sex, sexual orientation, national origin, marital status, age, disability or familial status. 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 unlawful discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age, disability or familial status are based.

      (2) An adequate remedy for persons aggrieved by certain acts of unlawful discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, disability or familial status, or unreasonable acts of discrimination in employment based upon age.

      (3) An adequate administrative machinery for the orderly resolution of complaints of unlawful discrimination through a procedure involving investigation, conference, conciliation and persuasion, to encourage the use in good faith of the machinery by all parties to a complaint of unlawful discrimination and to discourage unilateral action that makes moot the outcome of final administrative or judicial determination on the merits of the complaint.

 

      Note: Section 16, chapter 903, Oregon Laws 2007, provides:

      Sec. 16. The amendments to ORS 90.390, 659A.003, 659A.006, 659A.145, 659A.421, 659A.805, 659A.820, 659A.830, 659A.835, 659A.845, 659A.850, 659A.855, 659A.870 and 659A.885 by sections 1 to 14 of this 2007 Act and the repeal of ORS 659A.424 by sections 15 and 15a of this 2007 Act apply to conduct occurring on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.903 §16]

 

      Note: Chapter 100, Oregon Laws 2007, is the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, chapter 100, Oregon Laws 2007, takes effect January 1, 2008. Section 42, chapter 100, Oregon Laws 2007, as amended by section 17, chapter 903, Oregon Laws 2007, provides:

      Sec. 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.805, 659A.815, 659A.885, 660.139 and 744.353 by sections 1 to 31, 33 and 34, chapter 100, Oregon Laws 2007, and the repeal of ORS 236.380 by section 32, chapter 100, Oregon Laws 2007, may be cited as the Oregon Equality Act. [2007 c.100 §42; 2007 c.903 §17]

 

      659A.006 Declaration of policy against unlawful discrimination; opportunity to obtain employment without unlawful discrimination recognized as a civil right; exception of religious group. (1) It is declared to be the public policy of Oregon that practices of unlawful discrimination against any of its inhabitants because of race, religion, color, sex, marital status, national origin, age, disability or familial status are a matter of state concern and that such discrimination 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 without unlawful discrimination because of race, religion, color, sex, 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. [Formerly 659.020; 2007 c.903 §2]

 

      Note: The amendments to 659A.006 by section 3, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 659A.006 by section 3, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 659A.006, as amended by section 3, chapter 100, Oregon Laws 2007, and including amendments by section 2, chapter 903, Oregon Laws 2007, is set forth for the user’s convenience.

      659A.006. (1) It is declared to be the public policy of Oregon that practices of unlawful discrimination against any of its inhabitants because of race, color, religion, sex, sexual orientation, national origin, marital status, age, disability or familial status are a matter of state concern and that this discrimination not only threatens 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 unlawful discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or disability hereby is recognized as and declared to be a civil right.

      (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.

 

      Note: See second note under 659A.003.

 

      659A.009 Declaration of policy against discrimination in employment because of age. It is declared to be the public policy of Oregon that the available workforce should be utilized to the fullest extent possible. To this end, the abilities of an individual, and not any arbitrary standards that discriminate against an individual solely because of age, should be the measure of the individual’s fitness and qualification for employment. [Formerly 659.015; 2005 c.22 §468]

 

      659A.012 State agencies to carry out policy against discrimination in employment; evaluation of supervisors; affirmative action reports. (1) To achieve the public policy of the State of Oregon for persons in the state to attain employment and advancement without discrimination because of race, religion, color, sex, marital status, national origin, disability or age, every state agency shall be required to include in the evaluation of all management personnel the manager’s or supervisor’s effectiveness in achieving affirmative action objectives as a key consideration of the manager’s or supervisor’s performance.

      (2) To achieve the public policy of the State of Oregon for persons in the state to attain employment and advancement without discrimination because of race, religion, color, sex, marital status, national origin, age or disability, every state agency shall be required to present the affirmative action objectives and performance of that agency of the current biennium and those for the following biennium to the Governor of the State of Oregon and to the Legislative Assembly. These plans shall be reviewed as part of the budget review process. [Formerly 659.025]

 

      659A.015 Affirmative action reports to include information on contracts to minority businesses. In carrying out the policy of affirmative action, every state agency shall include in its affirmative action reports under ORS 659A.012 information concerning its awards of construction, service and personal service contracts awarded to minority businesses. [Formerly 659.027]

 

UNLAWFUL EMPLOYMENT DISCRIMINATION BECAUSE OF RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, MARITAL STATUS OR AGE

 

      659A.029 “Because of sex” defined for ORS 659A.030. For purposes of ORS 659A.030, the phrase “because of sex” includes, but is not limited to, because of pregnancy, childbirth and related medical conditions or occurrences. Women affected by pregnancy, childbirth or related medical conditions or occurrences shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work by reason of physical condition, and nothing in this section shall be interpreted to permit otherwise. [Formerly 659.029]

 

      659A.030 Discrimination because of race, religion, color, sex, national origin, marital status or age prohibited. (1) It is an unlawful employment practice:

      (a) For an employer, because of an individual’s race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older or because of the race, religion, color, sex, national origin, marital status or age of any other person with whom the individual associates, or because of a juvenile record, that has been expunged pursuant to ORS 419A.260 and 419A.262, of any individual, to refuse to hire or employ or to bar or discharge from employment such individual. 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.

      (b) For an employer, because of an individual’s race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, religion, color, sex, national origin, marital status or age of any other person with whom the individual associates, or because of a juvenile record, that has been expunged pursuant to ORS 419A.260 and 419A.262, of any individual, to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

      (c) For a labor organization, because of an individual’s race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older or because of a 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 individual or to discriminate in any way against any such 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 expresses directly or indirectly any limitation, specification or discrimination as to an individual’s race, religion, color, sex, 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 employees according to race, religion, color, sex, 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 designation expresses an intent to limit, specify or discriminate on the basis of race, religion, color, sex, national origin, marital status or age.

      (e) For an employment agency to classify or refer for employment, or to fail or refuse to refer for employment, or otherwise to discriminate against any 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 individual where such classification or referral results from a bona fide occupational requirement 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. [Formerly 659.030]

 

      Note: The amendments to 659A.030 by section 4, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 659A.030 by section 4, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 659A.030, as amended by section 4, chapter 100, Oregon Laws 2007, is set forth for the user’s convenience.

      659A.030. (1) It is an unlawful employment practice:

      (a) For an employer, 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 refuse to hire or employ the individual or to bar or discharge the individual from employment. However, discrimination is not an unlawful employment practice if the discrimination results from a bona fide occupational qualification reasonably necessary to the normal operation of the employer’s business.

      (b) For an employer, 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 discriminate against 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, sex, sexual orientation, national origin, marital status or age if the individual is 18 years of age or older, or because of an individual’s juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, to exclude or to expel from its membership the individual or to discriminate in any way against 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 that expresses directly or indirectly any limitation, specification or discrimination as to 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 on the basis of an expunged juvenile record, or any intent to make any such limitation, specification or discrimination, unle