Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.318
Discrimination relating to academic degree in theology or religious occupations prohibited


(1)

If an employer requires an applicant or employee to have an academic degree from a post-secondary institution to qualify for a position, but does not require a degree with a specific title, it is an unlawful employment practice for the employer to refuse to hire or promote or in any manner discriminate or retaliate against the applicant or employee only because the applicant or employee meets the educational requirements for the position by having a degree with a title in theology or religious occupations from a school that, when the degree was issued, was a school:

(a)

That, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees with approved titles in theology or religious occupations; or

(b)

Exempt from ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure) under ORS 348.604 (Exemption from ORS 348.594 to 348.615).

(2)

If an employer other than a public body, as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478), offers employees benefits of tuition reimbursement, educational debt reduction, educational incentive or educational contribution or gift match for educational services provided by a post-secondary institution and the employer does not restrict the program to specific institutions or degrees with specific titles, it is an unlawful employment practice for the employer to refuse to offer the benefit to or in any manner discriminate or retaliate against an employee because the employee attends or seeks to attend a school that is:

(a)

A school that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees with approved titles in theology or religious occupations; or

(b)

Exempt from ORS 348.594 (Definitions for ORS 348.594 to 348.615) to 348.615 (Appeal procedure) under ORS 348.604 (Exemption from ORS 348.594 to 348.615). [2001 c.621 §93; 2005 c.546 §11; 2011 c.353 §5]
§§ 659A.250 to 659A.262

(formerly 659.280 to 659.290)

Law Review Citations

26 WLR 394-395 (1990)

§§ 659A.150 to 659A.186

Notes of Decisions

Termination of employment in retaliation for invoking Oregon Family Leave Act rights constitutes wrongful discharge in violation of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021