9.34.005 Policy. back to top
It is the policy of the city of Hillsboro to eliminate discrimination based on race, religion, color, sex, marital status, familial status, domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income. The city council finds that such discrimination poses a threat to the health, safety and general welfare of the citizens of Hillsboro and menaces the institutions and foundation of our community. Furthermore, the city council finds that although the state of Oregon generally prohibits discrimination in employment, housing, and public accommodation on the basis of race, religion, color, sex, marital status, familial status, national origin, age, and disability, the state does not generally prohibit discrimination on the basis of sexual orientation, gender identity, domestic partnership, or source of income. It is the intent of the council to supplement the state protections against discrimination. Furthermore, it is the intent of the 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 accommodations be removed. (Ord. 5666 § 1 (part), 2006)
9.34.010 Definitions. back to top
Any term used but not defined in this chapter shall be interpreted consistently with the definitions provided in Oregon Revised Statutes, Chapter 659A (2005). As used in this chapter, except where the context otherwise requires:
"Age" means age eighteen or older.
"Domestic partnership" means a relationship between two persons who meet either of the following requirements: (1) have registered, certified or affirmed their relationship with any appropriate, legally established domestic partnership registry within any jurisdiction in the United States, or with the state of Oregon's public employees benefits board; or (2) are eighteen years of age or older; are each unmarried; are each other's sole domestic partner and intend to remain so indefinitely; are not related by blood closer than would bar marriage in the state of Oregon; and are residing together, share the common necessities of life and are responsible for each other's common welfare.
"Employer" means any person, wherever situated, who employs one or more employees within the city, or who solicits individuals within the city to apply for employment, whether privately or by general advertisement.
"Gender identity" means a person's actual or perceived gender, including a person's identity, appearance, expression, or behavior with respect to actual or perceived gender, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person's gender at birth.
"Person" means and includes the city of Hillsboro and any other public body as that term is defined by state law, currently ORS 30.260(4), other than the state of Oregon or a county.
"Sexual orientation" means actual or perceived heterosexuality, homosexuality, or bisexuality.
"Source of income" refers to the means by which a person supports himself or herself and any 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. (Ord. 5666 § 1 (part), 2006)
9.34.015 Unlawful employment practices. back to top
A. It is unlawful to discriminate in employment on the basis of an individual's race, religion, color, sex, national origin, marital status, age, or disability, by committing any of the acts made unlawful under the provisions of ORS 659A.030 or 659A.112.
B. In addition, it is unlawful to discriminate in employment on the basis of an individual's sexual orientation, gender identity, source of income, familial status or domestic partnership, by committing against any such individual any of the acts already made unlawful under ORS 659A.030 or 659A.112 when committed against the categories of persons listed therein. (Ord. 5666 § 1 (part), 2006)
9.34.020 Unlawful real property transaction practices. back to top
A. It is 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 659A.421 and 659A.145.
B. In addition, it is unlawful to discriminate in selling, renting, or leasing real property on the basis of an individual's sexual orientation, gender identity, source of income, domestic partnership or age, by committing against any such individual any of the acts already made unlawful under ORS 659A.421 when committed against the categories of persons listed therein. (Ord. 5666 § 1 (part), 2006)
9.34.025 Unlawful public accommodations practices. back to top
A. It is unlawful to discriminate in public accommodations on the basis of an individual's race, religion, color, sex, national origin, marital status, age, or disability, by committing any of the acts made unlawful under the provisions of ORS 659A.142 or 659A.400 through 659A.409.
B. In addition, it is unlawful in public accommodations to discriminate on the basis of an individual's sexual orientation, gender identity, source of income, domestic partnership or familial status, by committing against any such individual any of the acts already made unlawful under ORS 659A.400 through 659A.409 when committed against the categories of persons listed therein. (Ord. 5666 § 1 (part), 2006)
9.34.030 Exceptions. back to top
A. The prohibitions in this chapter against discriminating on the basis of sexual orientation and gender identity do not apply to:
1. The leasing or renting of space within a church, temple, synagogue, religious school, or other facility used primarily for religious purposes;
2. The leasing or renting of a room or rooms within an individual living unit which is occupied by the lessor as his or her primary residence;
3. The leasing or renting of a dwelling in a duplex where one of the dwellings is occupied by the lessor as his or her primary residence.
B. The prohibitions in this chapter against discriminating on the basis of source of income do not prohibit:
1. Inquiry into and verification of a source or amount of income;
2. Inquiry into, evaluation of, and decisions based on the amount, stability, security, or creditworthiness of any source of income;
3. Screening prospective purchasers and tenants on bases not specifically prohibited by this chapter or by state or federal law;
4. Refusal to contract with a governmental agency under 42 U.S.C. Section 1437f(a).
C. The prohibitions in this chapter against discriminating on the basis of familial status and age do not apply to housing for older persons, as defined in ORS 659A.421(7)(b) and (c), or to the use of special rates or services or to the promotion of business through the issuance of special rates for families with children, or persons fifty-five years of age or older.
D. Reasonable and appropriate accommodations shall be made to permit access to restrooms for a person that is consistent with his or her expressed gender. However, the prohibitions in this chapter against discriminating on the basis of gender identity do not prohibit valid employer dress codes or policies, so long as the employer provides, on a case-by-case basis, for reasonable accommodation based on the health and safety needs of persons protected on the basis of gender identity. (Ord. 5666 § 1 (part), 2006)
9.34.035 Administration and enforcement. back to top
A. Enforcement of all or any part of this chapter shall be governed by the procedures established in ORS Chapter 659A to the extent applicable. The city manager may adopt rules pursuant to Section 2.04.080 of this code and forms to implement enforcement and administration of this section.
B. Any person claiming to be aggrieved by a violation of any provision of this chapter may file a complaint with the commissioner under procedures established in ORS 659A.800 et seq. and employ those procedures to the fullest extent allowed by law.
C. The commissioner may then proceed and shall have the same enforcement powers under this chapter, and if the complaint is found to be justified, the complainant shall be entitled to the same remedies under ORS 659A.800 et seq., as in the case of any other complaint filed under ORS 659A.820.
D. Any order issued by the commissioner of the bureau of labor and industries under this chapter shall be deemed as one issued by a city hearings officer and a final order, and shall be fully enforceable by the city.
E. 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 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 decided as provided for in ORS 659A.870 through 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. 5666 § 1 (part), 2006)
9.34.040 Construction. back to top
This chapter shall be broadly construed, consistent with its remedial purpose. (Ord. 5666 § 1 (part), 2006)