OAR 839-005-0031
Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion

(1)

The following actions are not unlawful practices under ORS chapter 659A, including housing discrimination under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or the federal Fair Housing Act (42 U.S.C. §3601–3617):

(a)

Housing and the use of facilities. 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 when:

(A)

The action taken is based on a bona fide religious belief about sexual orientation; and

(B)

The housing or the use of facilities involved is closely connected with or related to the primary purpose of the church or institution; and

(C)

The housing or the use of facilities involved is not connected with a commercial or business activity that has no necessary relationship to the church or institution.

(b)

Employment Preference. 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 employee or applicant belongs to the same religious sect or persuasion as the church or institution; and

(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

(D)

The employment involved is not connected with a commercial or business activity that has no necessary relationship to the church or institution.

(c)

Employment Actions. 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 when:

(A)

The employment position involved is directly related to the operation of the church or other place of worship, such as clergy, religious instructors and support staff;

(B)

The employment position involved is 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)

The employment position involves religious activities, as long as the employment position:
(i)
Is closely connected with or related to the primary purpose of the church or institution; and
(ii)
Is not connected with a commercial or business activity that has no necessary relationship to the church or institution.

(d)

Dress Code. An employer is not prohibited 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.

(2)

The above exceptions do not excuse a failure to provide reasonable and appropriate accommodations permitting all persons access to restrooms consistent with their expressed gender.

Source: Rule 839-005-0031 — Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-005-0031.

839‑005‑0000
Purpose and Scope of these Rules 839‑005‑0003
Definitions: Enforcement of Laws Prohibiting Unlawful Practices 839‑005‑0005
Unlawful Discrimination Defined 839‑005‑0010
Discrimination Theories: Employment 839‑005‑0011
Constructive Discharge from Employment 839‑005‑0013
Bona Fide Occupational Qualification (BFOQ) and Affirmative Action Plan Exceptions in Employment 839‑005‑0014
Successors in Interest for Employment Discrimination 839‑005‑0021
Employment Discrimination Based on Sex or Sexual Orientation 839‑005‑0026
Employment Protections and Rights Relating to Pregnancy 839‑005‑0030
Sexual Harassment in Employment 839‑005‑0031
Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion 839‑005‑0036
Commissioner’s Complaint for Discrimination Based on Employment Status 839‑005‑0060
Employer Obtainment or Use of Credit History Information: Purpose and Scope of these Rules 839‑005‑0065
Employer Obtainment or Use of Credit History Information: Definitions 839‑005‑0070
Employer Obtainment or Use of Credit History Information: Unlawful Discrimination 839‑005‑0075
Employer Obtainment or Use of Credit History Information: Exceptions 839‑005‑0080
Employer Obtainment or Use of Credit History Information: Determining whether Credit History Is Substantially Job-Related 839‑005‑0085
Employer Obtainment or Use of Credit History Information: Enforcement and Retaliation 839‑005‑0125
Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices 839‑005‑0130
Discrimination Based on Protected Activity: Employees Serving or Scheduled to Serve as Jurors 839‑005‑0135
Discrimination Based on Protected Activity: Insurance Coverage for Employees Serving as Jurors 839‑005‑0138
Discrimination Based on Protected Activity: Child Support Obligations 839‑005‑0140
Accommodation of Employee Religious Practices 839‑005‑0160
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices 839‑005‑0170
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation 839‑005‑0195
Housing Discrimination: Purpose and Scope 839‑005‑0200
Housing Discrimination: Definitions 839‑005‑0205
Housing Discrimination: Prohibited Discrimination in Real Property Transactions 839‑005‑0206
Discrimination Theories: Housing 839‑005‑0210
Housing Discrimination: Exceptions 839‑005‑0215
Housing Discrimination: Religious Exemption 839‑005‑0220
Housing Discrimination: Discrimination in Real Property Transactions Against Individuals Based on Disabilities 839‑005‑0300
Discrimination by Career Schools: Purpose and Scope 839‑005‑0305
Discrimination by Career Schools: Definitions 839‑005‑0310
Discrimination by Career Schools: Unlawful Discrimination 839‑005‑0315
Discrimination Theories: Career Schools 839‑005‑0320
Discrimination by Career Schools: Authority of Superintendent of Public Instruction Related to Complaints under ORS 345.240 839‑005‑0325
Discrimination by Career Schools: Retaliation or Discrimination 839‑005‑0400
Employer Access to Employee or Applicant Social Media Accounts: Unlawful Employment Practice
Last Updated

Jun. 8, 2021

Rule 839-005-0031’s source at or​.us