Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.403
Discrimination in place of public accommodation prohibited

(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 or age if the individual is of age, as described in this section, 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 places of public accommodation where alcoholic beverages are served;

(b)

The enforcement of laws governing the use of marijuana items, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), by persons under 21 years of age and the frequenting by persons under 21 years of age of places of public accommodation where marijuana items are sold; or

(c)

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. [Formerly 30.670; 2003 c.521 §1; 2005 c.131 §1; 2007 c.100 §5; 2015 c.614 §27]

(formerly 30.670)

Notes of Decisions

Racial insults made by employe of place of public accommodation to customer in the course of service to that customer constituted "distinction, discrimination or restriction on account of race" in contravention of this section. King v. Greyhound Lines, Inc., 61 Or App 197, 656 P2d 349 (1982)

Bakery making wedding cakes for heterosexual couples but refusing same service for same-sex couple denies equal service "on account of" sexual orientation of couple. Klein v. BOLI, 289 Or App 507, 410 P3d 1051 (2017), Sup Ct review denied

Application of this section to bakery that makes wedding cakes for heterosexual couples but refuses to make wedding cakes for same-sex couples, prohibiting them from denying equal service based on sexual orientation, does not violate free expression or free exercise clauses of United States Constitution. Klein v. BOLI, 289 Or App 507, 410 P3d 1051 (2017), Sup Ct review denied

Atty. Gen. Opinions

Use of Military Department facilities, trucks, or color guards by organizations which discriminate on the basis of race, religion or sex, (1977) Vol 38, p 929; Hotel limiting use to members of religious foundation as place of public accommodation, (1983) Vol 44, p 20

Law Review Citations

27 WLR 137 (1991)

§§ 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

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