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CORVALLISCORVALLIS

Chapter 1.23 Civil Rights

Section 1.23.010 Policy. back to top

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It is the policy of the City to eliminate discrimination based on age, citizenship status, color, familial
status, gender identity or expression, marital status, mental disability, national origin, physical disability,
race, religion, religious observance, sex, sexual orientation, and source or level of income. Such
discrimination poses a threat to the health, safety and general welfare of the citizens of Corvallis and
menaces the institutions and foundation of our community.

(Ord. 2007-09 §3, 05/07/2007; Ord. 92-41 §1, 12/07/92; Ord. 92-33, 10/19/92)

Section 1.23.020 Intent. back to top

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1)It is the intent of the City 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  age, citizenship status, color, familial status, gender identity or expression, marital status, mental  disability, national origin, physical disability, race, religion, religious observance, sex, sexual orientation,  and source or level of income. Nothing herein contained shall be construed to prohibit any affirmative  laws passed by any level of government.

(Ord. 2007-09 §4, 05/07/2007; Ord. 92-41 § 2, 12/07/92)

Section 1.23.030Definitions. back to top

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1) Sexual orientation - Actual or supposed male or female homosexuality, heterosexuality or   bisexuality.
2)Gender identity or expression - Refers to an individual's gender related self-identity, appearance,   expression or behavior, regardless of the individual's assigned sex at birth.
3)"Source of Income" - 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 this Chapter are to be defined as in Oregon Revised Statutes Chapter 659A or Corvallis Municipal Code Chapter 1.01. Corvallis Municipal Code

(Ord. 2007-09 §5, 05/07/2007; Ord. 92-41 § 3, 12/07/92)

Section 1.23.040 Exceptions. back to top

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1)The prohibitions in this Chapter 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. (Ord. 92-41 § 4, 12/07/92)
2)The prohibitions of this Chapter 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 this Chapter or state or federal law;

d)Refusal to contract with a governmental agency under 42 U.S.C. §1437f(a) "Section 8".

(Ord. 92-41 § 4, 12/07/92)

Section 1.23.050Discrimination in employment prohibited. back to top

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1)It shall be unlawful to discriminate in employment on the basis of an individual's age if the
individual is 18 years of age or older, citizenship status, color, familial status, gender identity or expression, marital status, mental disability, national origin, physical disability, race, religion, religious observance, sex, sexual orientation, and source or level of income, by committing any of the acts made unlawful under the provisions of ORS 659A.030 or 659A.142, as applicable.

(Ord. 2007-09 §6, 05/07/2007; Ord. 92-41 § 5, 12/07/92)

Section 1.23.060Discrimination in selling, renting, or leasing real property prohibited. back to top

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1) It shall be unlawful to discriminate in selling, renting or leasing real property on the basis of an individual's age if the individual is 18 years of age or older, citizenship status, color, familial status, gender identity or expression, marital status, mental disability, national origin, physical disability, race, religion, religious observance, sex, sexual orientation, and source or level of income, by committing any
of the acts made unlawful under the provisions of ORS 659A.421 or 659A.145, as applicable.

(Ord. 2007-09 §7, 05/07/2007; Ord. 92-41 §6, 12/07/92; Ord. 92-33, 10/19/92)

Section 1.23.070Discrimination in places of public accommodation prohibited. back to top

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1)It shall be unlawful to discriminate in public accommodations on the basis of an individual's age
if the individual is 18 years of age or older, citizenship status, color, familial status, gender identity or expression, marital status, mental disability, national origin, physical disability, race, religion, religious observance, sex, sexual orientation, and source or level of income, by committing any of the acts made unlawful under the provisions of ORS 659A.409, 659A.142 or 659A.403 to 659A.406, as applicable.

(Ord. 2007-09 §8, 05/07/2007; Ord. 92-41 §7, 12/07/92; Ord. 92-33, 10/19/92)

Section 1.23.080Enforcement and administration. back to top

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1)Enforcement of all or any part of this Chapter shall be governed by the procedures established in
ORS Chapter 659A. Rules adopted by the City Attorney pursuant to Section 1.23.090 of this Chapter may also be used to implement enforcement and administration of this Chapter.
2)Any person claiming to be aggrieved by conduct constituting an unlawful practice pursuant to
ORS Chapter 659A may file a complaint with the Commissioner as provided in ORS 659A.820, ORS 659A.890 or, subject to ORS 659A.870, ORS 659A.885.
3)The Commissioner may proceed to investigate and enforce complaint as provided in ORS
659A.800 to 659A.860.
4)Any order issued by the Commissioner of the Bureau of Labor and Industries under this Chapter
shall be viewed as one issued by a hearings officer employed by the City within the meaning of ORS 3.136(3) and shall be fully enforceable by the City.
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 659A.870, 659A.885 and 659A.890. The court may grant such relief as it deems appropriate, including but not limited to such relief as is provided in ORS 659A.885.

(Ord. 2007-09 §9, 05/07/2007; Ord. 92-33, 10/19/92)

Section 1.23.090Authority of City Attorney to adopt rules. back to top

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1)The City Attorney is hereby authorized to adopt rules, procedures and forms to assist in the
implementation of the provisions of this Chapter.
2)Any rule adopted pursuant to this Section shall require a public review process. Not less than ten
nor more than thirty 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 City Attorney shall hear testimony or receive written
comment concerning the proposed rules. The City 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 City Attorney and shall
be filed in the office of the City Recorder.
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. 92-33, 10/19/92)

Section 1.23.100 Construction. back to top

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This Chapter shall be broadly construed, consistent with its remedial purpose.

(Ord. 92-33, 10/19/92)

Section 1.23.110 Severability of provisions.  back to top


If any part or provision of this Chapter, or application thereof to any person or circumstance, is held
invalid, the remainder of this Chapter 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 this Chapter are severable.
(Ord. 92-33, 10/19/92)

Section 1.23.120 Effective date. back to top

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This Chapter shall become effective on the 1st day of December, 1992.

(Ord. No. 92-33, Amended, 10/19/92)