ORS 659A.006
Declaration of policy against unlawful discrimination

opportunity to obtain employment without unlawful discrimination recognized as a civil right
exception of religious group

Text
Annotations 3

Mentioned in

Discrimination at Work

Oregon Bureau of Labor & Industries, August 7, 2023

“Oregon laws protect you from being discriminated against at work. That means you can’t be fired or demoted, paid less, or otherwise treated differently because of certain characteristics about you.”

Bibliographic info

(1)

It is declared to be the public policy of Oregon that practices of unlawful discrimination against any of its inhabitants because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability or familial status are a matter of state concern and that this discrimination not only threatens the rights and privileges of its inhabitants but menaces the institutions and foundation of a free democratic state.

(2)

The opportunity to obtain employment or housing or to use and enjoy places of public accommodation without unlawful discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability hereby is recognized as and declared to be a civil right.

(3)

It is not an unlawful practice for a bona fide church or other religious institution to take any action with respect to housing or the use of facilities based on a bona fide religious belief about sexual orientation or gender identity 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 or gender identity:

(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. [Formerly 659.020; 2007 c.100 §3; 2007 c.903 §2; 2021 c.367 §34]

Source: Section 659A.006 — Declaration of policy against unlawful discrimination; opportunity to obtain employment without unlawful discrimination recognized as a civil right; exception of religious group, https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html.

Notes of Decisions

Where defendant organization’s religious preference was decisive factor in refusing to hire plaintiff and such religion-based decision was premise for plaintiff’s discrimination claim, fact that organization chose not to hire anyone at all was valid means of exercising religious preference under this section. King v. Warner Pacific College, 296 Or App 155, 437 P3d 1172 (2019)

Attorney General Opinions

Receipt of state money for services of religious organization providing family counseling, (1982) Vol 43, p 11

Law Review Citations

84 OLR 725 (2005)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 659A.006 Declaration of policy against unlawful discrimination