Discrimination - Other - Oregon

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Oregon law identifies the following protected classes for purposes of employment discrimination:

• Race (includes physical characteristics that are historically associated with race, including natural hair, hair texture, hair type and protective hairstyles),
• Color,
• Religion (restricting the ability of an employee to wear religious clothing in accordance with sincerely held religious beliefs, to take time off for a holy day or to participate in a religious observance or practice),
• Sex (includes, but is not limited to, pregnancy, childbirth and related medical conditions or occurrences, including but not limited to lactation),
• Sexual orientation,
• Gender identity,
• National origin (includes ancestry),
• Marital status,
• Age, if the individual is 18 years of age or older,
• Because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age of any other person with whom the individual associates,
• Because of an individual’s juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271,
• Retaliation,
• Association with a protected class,
• Prohibition on genetic screening and brain-wave testing,
• Physical or mental disability (only applies to employers with six or more employees), and
• Members of the uniformed service.

It is also unlawful to retaliate against an employee who has filed a wage claim or participated in related proceedings. Employers may not discriminate against employees who have reported an alleged violation of state or federal law. Also, the state requires reasonable safety accommodations for victims of domestic violence, sexual assault, or stalking.

Employer defined

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

In order to be protected by Oregon’s discrimination laws, employees must be employed by a company with at least one or more employees, except that the injured worker protections apply to employers with six or more employees.

City and County ordinances

City ordinances in Portland, Corvallis, Eugene and Ashland prohibit sexual orientation discrimination in employment, housing, and public accommodation.

The Cities of Corvallis, Eugene, Portland and Salem, as well as the counties of Benton and Multnomah, have ordinances prohibiting discrimination. The Civil Rights Division is contracted to enforce the parts of these ordinances that are not protected under state law, including source of income. Contact a civil rights intake office for the protected classes covered under each ordinance.

CROWN Act

The Oregon CROWN Act prohibits employers, labor organizations, and employment agencies from discriminating against individuals based on physical characteristics historically associated with race, including hair texture and protective hairstyles.

To implement this prohibition, Oregon redefined "race" to include physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and "protective hairstyles". “Protective hairstyle” was defined to mean a hairstyle, hair color or manner of wearing hair that includes, but is not limited to, braids, regardless of whether the braids are created with extensions or styled with adornments, locs and twists.

This prohibition does not prevent 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 and the dress code or policy does not have a disproportionate adverse impact on members of a protected class to a greater extent than the policy impacts persons generally.

Discrimination or retaliation for making a complaint

The “Unlawful Discrimination in Employment” law clarifies that it is unlawful for an employer to discharge, demote, suspend, or otherwise discriminate or retaliate against an employee with regard to promotion, compensation, or other terms, conditions, or privileges of employment because the employee made a good faith report of information that the employee believes is evidence of a violation of a state or federal law, rule, or regulation.

Under state law, a “complaint” means a written, verified statement signed by the complainant that:

1. Gives the name and address of the complainant and the respondent;
2. Identifies the protected class basis of the complaint;
3. Describes the actions complained of, including the date(s) of occurrence; what the action was and how it harmed the complainant; and the causal connection between the complainant’s protected class and the alleged harm.

Complaints of discrimination based on membership in a protected class (age, race, gender, etc.) must be filed within one year. However, complaints of discrimination for reporting or opposing unsafe or unhealthy work conditions must be reported within 90 days.

Reporting violations of state or federal law (Whistleblowing Disclosures By Employees)

Employers may not discharge, demote, suspend, or otherwise discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported information to anyone that the employee believes is evidence of a violation of any state or federal law, rule or regulation.

Employers may not discriminate or retaliate against an employee because the employee has in good faith, or the employer believes the employee has:

1. Reported to any person, orally or in writing, criminal activity by any person;
2. Reported to any person, orally or in writing, any activity the employee believed to be criminal;
3. Caused criminal charges to be brought against any person, whether by the complainant’s information or by a complaint;
4. Cooperated with a law enforcement agency criminal investigation, whether or not under subpoena;
5. Brought a civil proceeding against an employer; or
6. Testified at a civil proceeding or criminal trial, whether or not under subpoena.

Unlawful employment practices on transsexualism and sexual orientation

The Oregon disability law prohibits discrimination in employment based on transsexualism. However, employers are not required to make reasonable accommodations for transsexual employees.

“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.

Unlawful employment practices against injured workers

It is an unlawful employment practice for an employer to discriminate against a worker injured on the job who applies for benefits under or in other ways invokes or uses the Oregon Workers’ Compensation system.

Discrimination based on credit history

Except in limited circumstances, employers may not obtain or use information contained in the credit history of an applicant, or to refuse to hire, discharge, demote, suspend, retaliate or otherwise discriminate against an applicant or an employee with regard to promotion, compensation or the terms, conditions or privileges of employment based on information in the credit history of the applicant or employee.

Employers may to obtain or use information contained in the credit history of an applicant or employee if the credit history information is substantially job-related, and the employer’s reasons for the use of such information are disclosed to the employee or prospective employee in writing. The determination of whether credit history information is substantially job-related must be evaluated with respect to the position for which the individual is being considered or holds. Credit history information is substantially job-related if:

• An essential function of the position requires access to financial information not customarily provided in a retail transaction that is not a loan or extension of credit;
• Financial information customarily provided in a retail transaction includes information related to the exchange of cash, checks and credit or debit card numbers; or
• The position at issue is one for which an employer is required to obtain credit history as a condition of obtaining insurance or a surety or fidelity bond.

Child support obligations

It is unlawful for an employer to discharge, refuse to hire, or in any other manner discriminate, retaliate, or take disciplinary action against an employee because of the entry or service of an order to withhold under wage for child support, or because of the obligations or additional obligations that the order imposes upon the employer.

Retaliation for filing wage claims

An employer may not discharge or otherwise discriminate against an employee because:

• The employee made complaint that the employee has not been paid wages as required;
• The employee has started proceedings about a wage claim; or
• The employee has testified or is about to testify in any proceeding.

A person unlawfully discriminated against may file a complaint with the Bureau of Labor and Industries.

An individual claiming may file a civil action in circuit court, and the court may order reinstatement or back pay for the two-year period immediately preceding the complaint, as well as reasonable attorney fees at trial and on appeal.

Military service obligations

Employers may not discriminate against a person because of the person’s uniformed service by denying any of the following because the person is a member, applies to be a member, performs, has performed, applies to perform, or has an obligation to perform in a uniformed service:

• Initial employment;
• Reemployment following a leave taken by reason of service;
• Retention in employment;
• Promotion; or
• Any other term, condition, or privilege of employment, including but not limited to compensation.

It is unlawful to discharge, discipline, threaten, or otherwise retaliate against the person for exercising or attempting to exercise the rights provided by this law. Exceptions are provided if an employment decision is based on a bona fide occupational requirement reasonably necessary to the normal operation of the business and the employer’s actions could not be avoided by making reasonable accommodation of the person’s service.

Victims of domestic violence, sexual assault, or stalking

It is an unlawful employment practice for an employer to:

• refuse to hire an otherwise qualified individual because the individual is a victim of domestic violence, sexual assault, or stalking.
• discharge, threaten to discharge, demote, suspend, or otherwise discriminate or retaliate against an individual with regard to promotion, compensation, or other terms, conditions, or privileges of employment because the individual is a victim of domestic violence, sexual assault, or stalking.
• refuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, sexual assault or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer.

Prior to making a reasonable safety accommodation, an employer may require an individual to provide certification that the individual is a victim of domestic violence, sexual assault or stalking. An individual must provide a certification within a reasonable time after receiving the request. Any of the following constitutes sufficient certification:

• a copy of a police report indicating that the individual was or is a victim of domestic violence, sexual assault or stalking.
• a copy of a protective order or other evidence from a court or attorney that the individual appeared in or is preparing for a civil or criminal proceeding related to domestic violence, sexual assault, or stalking.
• documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy, or victim services provider that the individual was or is undergoing treatment or counseling, obtaining services, or relocating as a result of domestic violence, sexual assault, or stalking.

A reasonable safety accommodation may include, but is not limited to, a transfer, reassignment, modified schedule, unpaid leave from employment, changed work telephone number, changed work station, installed lock, implemented safety procedure, or any other adjustment to a job structure, workplace facility or work requirement in response to actual or threatened domestic violence, sexual assault, or stalking.

All records and information kept by an employer regarding a reasonable safety accommodation made for an individual are confidential and may not be released without the express permission of the individual, unless otherwise required by law.

Use of tobacco products

Employers are prohibited from requiring, as a condition of employment, that employees or applicants refrain from using lawful tobacco products during non-working hours except when the restriction relates to a bona fide occupational requirement. However, a collective bargaining agreement may exist prohibiting the off-duty use of tobacco products.

Posting

A covered employer must post a notice of the requirements of ORS 659A.150 to 659A.186 in every establishment in which employees are employed.

Unemployment discrimination

Oregon employers may not post job advertisements that state:

• The qualifications for a job include current employment,
• The employer will not consider or review an application for employment submitted by a currently unemployed applicant, or
• The employer will only consider or review applications submitted by job applicants who are currently employed.

However, employers may post job advertisements that state that only applicants who are current employees of the employer will be considered for the position.

State

Related information

Protected classes ezExplanation

Contact

Civil Rights Division

Regulations

Oregon Revised Statutes, Chapter 659 — Miscellaneous Prohibitions Relating to Employment and Discrimination
www.oregonlegislature.gov/bills_laws/ors/ors659.html

Oregon Revised Statutes, Chapter 659A, Unlawful Discrimination in Employment
www.oregonlegislature.gov/bills_laws/ors/ors659a.html

ORS § 659A.030 Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited

ORS § 659A.001 Definitions

ORS § 659A.001 (10) and (11) Definitions of "race" and "protective hairstyles"

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

ORS § 659A.033 Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices

ORS § 659A.112 Employment discrimination (disability)

ORS § 659A.082 Discrimination against person for service in uniformed service prohibited

ORS § 659A.147 Prohibited conduct; Pregnancy, childbirth, or related medical condition, including lactation

Oregon Administrative Rules, Title 839, Division 3, Civil Rights Complaint Procedures
http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_003.html

Oregon Administrative Rules, Title 839, Division 5, Discrimination
http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_005.html

(839-005-0070 et. seq. Credit history)

(839-005-0138, Discrimination Based on Child Support Obligations)

Oregon Administrative Rules, Title 839, Division 10, Whistleblowing Disclosures By Employees
http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_010.html

Senate Bill 1548, Unemployment discrimination

House Bill 2935 CROWN Act

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.