Chapter 5.25
EQUAL RIGHTS

Sections:

5.25.005    Definitions.

5.25.010    Discrimination in Employment Prohibited.

5.25.015    Discrimination in Selling, Renting or Leasing Real Property Prohibited.

5.25.020    Discrimination in Places of Public Accommodation Prohibited.

5.25.025    Exceptions.

5.25.030    Enforcement.

5.25.005 Definitions.

A.    Employer means any person who, directly or through an agent, engages or uses the personal service of one or more employees, within the City of Bend, reserving the right to control the means by which such service is or will be performed.

B.    Gender identity means a person’s actual or perceived sex, including a person’s identity, appearance, expression, or behavior with respect to actual or perceived sex, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person’s sex at birth.

C.    Sexual orientation means actual or perceived heterosexuality, homosexuality, or bisexuality.

D.    Any terms used but not defined in this chapter are to be defined as in ORS Chapter 659A. [Ord. NS-2142, 2010]

5.25.010 Discrimination in Employment Prohibited.

A.    It shall be unlawful to discriminate in employment on the basis of an individual’s race, religion, color, sex, national origin, marital status, age (if the individual is 18 years of age or older), or physical or mental impairment by committing any of the acts made unlawful under the provisions of ORS 659A.030 and 659A.112.

B.    In addition, it shall be unlawful to discriminate in employment on the basis of an individual’s sexual orientation or gender identity by committing against any such individual any of the acts already made unlawful under ORS 659A.030 when committed against the categories of persons listed therein. [Ord. NS-2142, 2010]

5.25.015 Discrimination in Selling, Renting or Leasing Real Property Prohibited.

It is an unlawful real property transaction practice for any person to discriminate on the basis of race, religion, color, sex, marital status, familial status, domestic partnership, national origin, age, mental or physical disability, sexual orientation or gender identity by committing against any such individual any of the acts made unlawful under ORS 659A.145 or 659A.421. [Ord. NS-2142, 2010]

5.25.020 Discrimination in Places of Public Accommodation Prohibited.

It is an unlawful public accommodation practice for a person to discriminate on the basis of an individual’s race, religion, color, sex, marital status, familial status, domestic partnership, national origin, age, mental or physical disability, sexual orientation or gender identity by committing against any such individual any of the acts made unlawful under ORS 659A.142 or ORS 659A.400 to 659A.409. [Ord. NS-2142, 2010]

5.25.025 Exceptions.

A.    The prohibitions in this chapter do not apply to an organization whose primary purpose and function is religious.

B.    The housing prohibitions in this chapter do not apply to renting space in a single housing unit or to renting of space in a building which is owner occupied and which has fewer than four units.

C.    Nothing herein shall be construed to prevent an employer from enforcing an otherwise valid dress code. [Ord. NS-2142, 2010]

5.25.030 Enforcement.

A.    Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this chapter may file a complaint with the Commissioner of the Bureau of Labor and Industries under procedures established in ORS 659A.820. The Commissioner shall have the same power to enforce the provisions of this chapter as the Commissioner has to enforce alleged violations within the Commissioner’s statutory authority.

B.    Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this chapter shall have a cause of action in any court of competent authority. Election of remedies and other procedural issues relating to the interplay between administrative proceedings and private rights of action shall be handled as provided for in ORS 659A.870 through 659A.880. The court may grant such relief as is provided in ORS 659A.885. [Ord. NS-2142, 2010]