Anti-Discrimination Center

5.700 Short Title. back to top

Bend Code Sections 5.700-5.750 shall be known and may be cited as the "Equal Rights Ordinance" and may also be referred to herein as "this ordinance."

5.705 Policy and Intent. back to top

It is the policy of the City of Bend to eliminate discrimination based on race, religion, color, sex, marital status, national origin, age (if the individual is 18 or over), disability, sexual orientation and gender identity. Such discrimination threatens not only the rights and privileges of Bend citizens, but menaces the institutions and foundation of our community.

Furthermore, the City Council finds that state law does not clearly prohibit such discrimination based on sexual orientation and gender identity. It is the intent of the City Council, in the exercise of its powers for the protection of the public health, safety, and general welfare and for the maintenance of peace and good government, that every individual shall have an equal opportunity to participate fully in the life of the City and that discriminatory barriers to equal participation in employment, housing, and public accommodation be removed.

5.710 Definitions. back to top

1. 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.

2. Gender Identity - 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.

3. Sexual Orientation - Actual or perceived heterosexuality, homosexuality, or bisexuality.

Any terms used but not defined in Chapter 5.710 are to be defined as in Oregon Revised Statutes, Chapter 659A.

5.715 Discrimination in Employment Prohibited. back to top

1. 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.

2. 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.

5.720 Discrimination in Selling, Renting or Leasing Real Property Prohibited. back to top

It shall be 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.

5.725 Discrimination in Places of Public Accommodation Prohibited. back to top

It shall be 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.

5.730 Exceptions: back to top

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

2. The housing prohibitions in this ordinance (contained in section 5.720) 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.

3. Nothing herein shall be construed to prevent an employer from enforcing an otherwise valid dress code.

5.735 Enforcement. back to top

(1) Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of the equal rights ordinance 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 equal rights ordinance as the Commissioner has to enforce alleged violations within the Commissioner’s
statutory authority.
(2) Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of the equal rights ordinance shall have a cause of
action in any court of competent. 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.

5.740 Severability. back to top

The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

5.745 Effective Date. back to top

This ordinance shall take effect thirty days after its passage.

[Section 5.700 through 5.745 added by ORD NS-1926, June 16, 2004]