Anti-Discrimination Center

ADMINISTRATION back to top

28.005 Definitions. As used in BCC Chapter 28. back to top

(1) "Gender identity" includes the status of being transsexual or transgender.

(2) "Sexual orientation" means actual or supposed perceived homosexuality,
heterosexuality or bisexuality.

(3) "Source of income" means the means by which a person supports himself or herself and
his or her dependents, including but not limited to money and property from any occupation,
profession or activity, from any contract, settlement or agreement, from federal or state
payments, court-ordered payments, gifts, bequests, annuities, life insurance policies, and
compensation for illness or injury, but excluding any money or property derived in a manner
made illegal or criminal by any law, statute or ordinance.

(4) All other terms used in BCC Chapter 28 are to be defined as in Oregon Revised Statutes
Chapter 659 or Benton County Code Chapter 1. [Ord. 98-0139]

28.010 Purpose. back to top

The purpose of BCC Chapter 28 is to eliminate discrimination based on race,
religion, color, sex, marital status, familial status, national origin, age, mental or physical
disability, sexual orientation, gender identity or source of income. Such discrimination poses a
threat to the health, safety and general welfare of the citizens of Benton County and menaces theinstitutions and foundation of our community. [Ord. 98-0139]

28.015 Intent. back to top

The intent of BCC Chapter 28 is that no person be denied the equal protection of
the laws, nor shall any person be denied the enjoyment of his/her civil or political rights or be
discriminated against because of race, color, religion, national origin, sex, age, condition of
pregnancy, marital status, physical limitations, family responsibilities, educational association,
source of income, gender identity, sexual orientation or affectional preferences. Nothing herein
contained shall be construed to prohibit any affirmative laws passed by any level of government.
[Ord. 98-0139]

28.020 Exceptions. back to top

(1) The prohibitions in BCC Chapter 28 against discriminating on the basis of sexual
orientation do not apply:

(a) To the leasing or renting of a room or rooms within an individual living unit which is occupied by the lessor as his or her residence;

(b) To dwellings with not more than two individual living units where one of the units is owner occupied.

(c) To bona fide church or sectarian religious organizations, including churches, temples, synagogues, religious schools or other facilities used primarily for religious purposes.

(2) The prohibitions of BCC Chapter 28 against discriminating on the basis of source of income do not prohibit:

(a) Inquiry into and verification of a source or amount of income;

(b) Inquiry into, evaluation of, and decisions based on the amount, stability, security or creditworthiness of any source of income;

(c) Screening prospective purchasers and tenants on bases not specifically prohibited by BCC Chapter 28 or state or federal law.

(d) Refusal to contract with a governmental agency under 42. U.S.C. §1437f(a) "Section 8". [Ord. 98-0139]

28.025 Enforcement. back to top

(1) Enforcement of all or any part of BCC Chapter 28 shall be governed by the procedures established in ORS Chapter 659. Rules adopted by the County Attorney pursuant to BCC
Chapter 28 may also be used to implement enforcement and administration of BCC Chapter 28.

(2) Any person claiming to be aggrieved by an unlawful employment practice under BCC
Chapter 28 may file a complaint with the Commissioner of the Bureau of Labor and Industries
under procedures established in ORS 659.040, and any person claiming to be aggrieved by an
unlawful practice under BCC Chapter 28 relating to selling, renting or leasing real estate or
discrimination in public accommodations, may file a complaint with the Commissioner under
procedures established in ORS 659.045.

(3) The Commissioner may then proceed and shall have the same enforcement powers under
BCC Chapter 28, and if the complaint is found to be justified, the complainant shall be entitled to
the same remedies under ORS 659.050 to 659.085 as in the case of any other complaint filed
under ORS 659.040 or 659.045

(4) Any order issued by the Commissioner of the Bureau of Labor and Industries under BCC
Chapter 28 shall be viewed as one issued by a hearings officer employed by the County within
the meaning of ORS 46.045(3) and shall be fully enforceable by the County.

(5) Any person claiming to be aggrieved by an unlawful discriminatory act under the
provisions of this code shall have a cause of action in any court of competent jurisdiction for
damages and such other remedies as may be appropriate. 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 659.095 and 659.121. The court may grant
such relief as it deems appropriate, including but not limited to such relief as is provided in ORS
659.121. [Ord. 98-0139]

28.030 Authority of the County Attorney to Adopt Rules. back to top

(1) The County Attorney is hereby authorized to adopt rules, procedures and forms to assist
in the implementation of the provisions of BCC Chapter 28.

(2) Any rule adopted pursuant to this Section shall require a public review process. Not less
than ten (10) nor more than thirty (30) days before such public review process, notice shall be
given by publication in a newspaper of general circulation. Such notice shall include the place,
time and purpose of the public review process and the location at which copies of the full text of
the proposed rules may be obtained.

(3) During the public review, a designee of the County Attorney shall hear testimony or
receive written comment concerning the proposed rules. The County Attorney shall review the
recommendation of his or her designee, taking into consideration the comments received during
the public review process, and shall either adopt the proposal, modify or reject it. If a substantial
modification is made, additional public review shall be conducted, but no additional notice shall
be required if such additional review is announced at the hearing at which the original comments
are received.

(4) Unless otherwise stated, all rules shall be effective upon adoption by the County Attorney
and shall be filed in the office of the Board of Commissioners.

(5) Notwithstanding paragraphs 2) and 3) of this Section, an interim rule may be adopted
without prior notice upon a finding that failure to act promptly will result in serious prejudice to
the public interest or the interest of the affected parties. The finding shall state the specific
reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a
period of not longer than 180 days. [Ord. 98-0139]

28.035 Construction. back to top

BCC Chapter 28 shall be broadly construed, consistent with its remedial
purpose. [Ord. 98-0139]

28.040 Severability of Provisions. back to top

If any party or provision of BCC Chapter 28, or application
thereof to any person or circumstance, is held invalid, the remainder of BCC Chapter 28 and
the application of the provision or part thereof, to other persons not similarly situated or to other
circumstances, shall not be affected thereby and shall continue in full force and effect. To this
end, provisions of BCC Chapter 28 are severable. [Ord. 98-0139]

PROHIBITIONS back to top

28.105 Discrimination in Employment Prohibited. back to top

(1) It shall be an unlawful employment practice for an employer to discriminate 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 disability, by committing any of the acts made unlawful under the
provisions of ORS 659.030 and 659.425.

(2) In addition, it shall be an unlawful employment practice for an employer to discriminate
on the basis of an individual's sexual orientation, source of income, gender identity or familial
status, by committing against any such individual any of the acts already made unlawful under
ORS 659.030 when committed against the categories of persons listed herein. [Ord. 98-0139]

28.110 Discrimination in selling, renting, or leasing real property prohibited. back to top

(1) It shall be unlawful to discriminate in selling, renting or leasing real property on the basis
of an individual's race, religion, color, sex, national origin, marital status, familial status, or
disability, by committing any of the acts made unlawful under the provisions of ORS 659.033
and 659.430.

(2) In addition, it shall be unlawful to discriminate in selling, renting or leasing real property
on the basis of an individual's sexual orientation, gender identity, source of income, or age if the
individual is 18 years of age or older except as is excluded in ORS 659.033 subsection 6(a) and
(b), by committing against any such individual any of the acts already made unlawful under ORS
659.033 when committed against the categories of persons listed therein. [Ord. 98-0139]

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

(1) It shall be unlawful to discriminate in public accommodations on the basis of an
individual's race, religion, color, sex, national origin, marital status, age if the individuals is 18
years of age or older, or disability, by committing any of the acts made unlawful under the
provisions of ORS 659.037, 659.425, or ORS 30.670 to 30.685.

(2) In addition, it shall be unlawful in public accommodations to discriminate on the basis of
an individual's sexual orientation, gender identity, source of income or familial status, by
committing against any such individual any of the acts already made unlawful under ORS
659.037 or ORS 30.670 to 30.685 when committed against the categories of persons listed
therein. [Ord. 98-0139]