Chapter 9.14
EQUAL RIGHTS
Sections:
9.14.040 Discrimination in employment prohibited.
9.14.050 Discrimination in selling, renting, or leasing real property prohibited.
9.14.060 Discrimination in places of public accommodation prohibited.
9.14.010 Short title.
This chapter shall be known and may be cited as the “equal rights ordinance” and may also be referred to herein as “this chapter.” (Ord. 2005-15 § 1)
9.14.020 Policy and intent.
A. It is the policy of the city to eliminate discrimination based on race, religion, color, sex, marital status, national origin, age (if the individual is 18 or over), disability, sexual orientation and gender identity. Such discrimination threatens not only the rights and privileges of city citizens, but also the institutions and foundation of our community.
B. Furthermore, the city council finds that state law does not clearly prohibit discrimination based on sexual orientation and gender identity. It is the intent of the city council, in the exercise of its powers for the protection of the public health, safety, and general welfare and for the maintenance of peace and good government, that every individual shall have an equal opportunity to participate fully in the life of the city and that discriminatory barriers to equal participation in employment, housing, and public accommodation be removed. (Ord. 2005-15 § 1)
9.14.030 Definitions.
A. For purposes of this chapter, the following words shall have the following meanings:
“Employer” means any person who, directly or through an agent, engages or uses the personal service of one or more employees within the city, reserving the right to control the means by which such service is or will be performed.
“Gender identity” means a person’s actual or perceived sex, including a person’s identity, appearance, expression, or behavior with respect to actual or perceived sex, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person’s sex at birth.
“Sexual orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality.
B. Any terms used in this chapter but not defined are to be defined as in ORS Chapter 659A. (Ord. 2005-15 § 1)
9.14.040 Discrimination in employment prohibited.
A. It shall be unlawful to discriminate in employment on the basis of an individual’s race, religion, color, sex, national origin, marital status, age (if the individual is 18 years or older), or mental or physical disability by committing any of the acts made unlawful under the provisions of ORS 659A.030 and 659A.112.
B. In addition, it shall be unlawful to discriminate in employment on the basis of an individual’s sexual orientation or gender identity by committing against any such individual any of the acts already made unlawful under ORS 659A.030 when committed against the categories of persons listed therein. (Ord. 2005-15 § 1)
9.14.050 Discrimination in selling, renting, or leasing real property prohibited.
It shall be an unlawful real property transaction practice for any person to discriminate on the basis of race, religion, color, sex, national origin, marital status, age, familial status, domestic partnership, mental or physical disability, sexual orientation or gender identity by committing against any such individual any of the acts made unlawful under ORS 659A.145 or 659A.421. (Ord. 2005-15 § 1)
9.14.060 Discrimination in places of public accommodation prohibited.
It shall be an unlawful public accommodation practice for a person to discriminate on the basis of an individual’s race, religion, color, sex, national origin, marital status, age, familial status, domestic partnership, mental or physical disability, sexual orientation or gender identity by committing against any such individual any of the acts made unlawful under ORS 659A.142 or 659A.400 through 659A.409. (Ord. 2005-15 § 1)
9.14.070 Exceptions.
A. The prohibitions in this chapter do not apply to an organization whose primary purpose and function is religious.
B. The housing prohibitions in this chapter do not apply to renting space in a single housing unit or to renting of space in a building which is owner-occupied and which has fewer than four units.
C. Nothing herein shall be construed to prevent an employer from enforcing an otherwise valid dress code. (Ord. 2005-15 § 1)
9.14.080 Enforcement.
A. Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this chapter may file a complaint with the Commissioner of the Bureau of Labor and Industries under procedures established in ORS 659A.820. The Commissioner shall have the same power to enforce the provisions of this equal rights chapter as the Commissioner has to enforce alleged violations within the Commissioner’s statutory authority.
B. Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this chapter shall have a cause of action in any court of competent jurisdiction. Election of remedies and other procedural issues relating to the interplay between administrative proceedings and private rights of action shall be handled as provided for in ORS 659A.870 through 659A.880. The court may grant such relief as is provided in ORS 659A.885. (Ord. 2005-15 § 1)