74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 2
Sponsored by COMMITTEE ON JUDICIARY (at the request of Governor's
Task Force on Equality in Oregon)
CHAPTER ................
AN ACT
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 Oregon:
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 District of
Columbia.
(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) + } 'United States' includes
territories, outlying possessions and the District of Columbia.
{ - (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,
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{ - 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 - }
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{ - (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,
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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 { + . + } { - : - }
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{ - (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
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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,
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{ + 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:
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(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
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(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
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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:
Enrolled Senate Bill 2 (SB 2-A) Page 10
(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
Enrolled Senate Bill 2 (SB 2-A) Page 11
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 United States;
(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 United States;
(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:
Enrolled Senate Bill 2 (SB 2-A) Page 12
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
Enrolled Senate Bill 2 (SB 2-A) Page 13
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 United States
of a parental abductor and minor child;
(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.
Enrolled Senate Bill 2 (SB 2-A) Page 14
(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
Enrolled Senate Bill 2 (SB 2-A) Page 15
(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.
Enrolled Senate Bill 2 (SB 2-A) Page 16
(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
Enrolled Senate Bill 2 (SB 2-A) Page 17
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.
Enrolled Senate Bill 2 (SB 2-A) Page 18
(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.
Enrolled Senate Bill 2 (SB 2-A) Page 19
(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.
Enrolled Senate Bill 2 (SB 2-A) Page 20
(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.
Enrolled Senate Bill 2 (SB 2-A) Page 21
(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 Oregon. This report shall contain figures
regarding the numbers and types of persons living in poverty in
Oregon.
(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 Oregon. That process shall fully integrate the Oregon
Human Development Corporation into the antipoverty delivery
system. The planning process shall include development of a plan
for minimum level of services and funding for low income migrant
Enrolled Senate Bill 2 (SB 2-A) Page 22
and seasonal farmworkers from the antipoverty programs
administered by the agency.
(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
Enrolled Senate Bill 2 (SB 2-A) Page 23
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
Enrolled Senate Bill 2 (SB 2-A) Page 24
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. + }
----------
Passed by Senate March 21, 2007
Repassed by Senate April 19, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 17, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 2 (SB 2-A) Page 25
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 2 (SB 2-A) Page 26