Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.805
Rules for carrying out ORS chapter 659A


(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 the person will be unlawfully discriminated against because of race, color, religion, sex, sexual orientation, national origin, marital status, disability or:

(A)

With respect to public accommodation, age.

(B)

With respect to real property transactions, familial status or source of income.

(b)

Establishing what inquiries in connection with employment and prospective employment express a limitation, specification or unlawful discrimination as to race, color, religion, sex, sexual orientation, national origin, marital status, age or disability.

(c)

Establishing what inquiries in connection with employment and prospective employment soliciting information as to race, color, religion, sex, sexual orientation, national origin, marital status, age or disability are based on bona fide 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, sex, sexual orientation, national origin, marital status, age, disability, source of income or, with respect to real property transactions, familial status.

(c)

Whether a statement or inquiry soliciting information as to race, color, religion, sex, sexual orientation, national origin, marital status, age, disability, source of income or, with respect to real property transactions, familial status, communicates an idea independent of an intention to limit, specify or unlawfully discriminate as to race, color, religion, sex, sexual orientation, national origin, marital status, age, disability, source of income or, with respect to real property transactions, familial status.

(d)

Whether the independent idea communicated is relevant to a legitimate objective of the kind of transaction 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 unlawfully discriminate as to race, color, religion, sex, sexual orientation, national origin, marital status, age, disability, source of income or, with respect to real property transactions, familial status. [Formerly 659.103; 2003 c.521 §4; 2007 c.100 §10; 2007 c.903 §5a]
§§ 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