23.01.010 Policy.
(Amended by Ordinance No. 175158, effective January 15, 2001.)
It is the policy of the City of Portland
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 Portland and menaces the institutions and foundation of our community.
23.01.020 Intent. (Amended by Ordinance No. 175158, effective January 15, 2001.)
The City Council
finds that discrimination on the basis of sexual orientation, gender identity and
source of income exists in the City of Portland and that state law does not clearly
prohibit such discrimination. 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.
23.01.030 Definitions. (Amended by Ordinance No. 175158, effective January 15, 2001.)
"Sexual Orientation" - actual or supposed male or female homosexuality,
heterosexuality or bisexuality.
"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.
"Gender Identity" -- a person’s actual or perceived sex, including
a person’s identity, appearance, expression or behavior, whether or not
that identity, appearance, expression or behavior is different from that
traditionally associated with the person’s sex at birth.
All other terms used in this ordinance are to be defined as in Oregon Revised Statutes Chapter 659.
23.01.040 Exceptions. (Amended by Ordinance No. 175158, effective January 15, 2001.)
The prohibitions in this Chapter against discriminating on the basis of sexual orientation and gender identity do not apply:
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;
To dwellings with not more than two individual living units where one of the units is owner occupied;
To space within a church, temple, synagogue, religious school, or other facility used primarily for religious purposes.
The prohibitions in this Chapter against discriminating on the basis of source of income do not prohibit:
Inquiry into and verification of a source or amount of income;
Inquiry into, evaluation of, and decisions based on the amount, stability, security or creditworthiness of any source of income;
Screening prospective purchasers and tenants on bases not specifically prohibited by this chapter or state or federal law;
Refusal to contract with a governmental agency under 42 U.S.C. §1437f(a) "Section 8."
The prohibitions in this Chapter against discriminating on the basis of gender identity do not prohibit:
Health or athletic clubs or other entities that operate gender-specific facilities
involving public nudity such as showers and locker rooms, from requiring
an individual to document their gender or transitional status. Such
documentation can include but is not limited to a court order, letter from a physician,
birth certificate, passport, or driver’s license.
Otherwise 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.
The above exceptions do not excuse a failure to provide reasonable and appropriate
accommodations permitting all persons access to restrooms consistent with their expressed gender.
23.01.050 Discrimination in Employment Prohibited. (Amended by Ordinance No. 175158, effective January 15, 2001.)
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 disability, by committing any of the acts made unlawful under the provisions of ORS 659.030 and 659.425.
In addition, it shall be unlawful to discriminate in employment 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 659.030 when committed against
the categories of persons listed therein.
23.01.060 Discrimination in Selling, Renting, or Leasing Real Property Prohibited. (Amended by Ordinance No. 175158, effective January 15, 2001.)
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.
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.
23.01.070 Discrimination in Places of Public Accommodation Prohibited (Amended by Ordinance No. 175158, effective January 15, 2001.)
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 individual 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.
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.
23.01.080 Enforcement and Administration. (Amended by Ord. No. 165319, Apr. 15, 1992.)
Enforcement of all or any part of this Chapter shall be governed by the procedures
established in ORS Chapter 659. Rules adopted by the City Attorney pursuant to section 23.01.090
of this Chapter may also be used to implement enforcement and administration of this Chapter.
Any person claiming to be aggrieved by an unlawful employment practice under this Chapter
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
this Chapter 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.
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 659.050 to 659.085 as in the case of any other complaint
filed under ORS 659.040 or 659.045.
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 46.045 (3) and shall be fully enforceable by the City.
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.
23.01.090 Authority of City Attorney to Adopt Rules.
The City Attorney is hereby authorized to adopt rules, procedures and forms to assist
in the implementation of the provisions of this Chapter.
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.
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 it
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.
Unless otherwise stated, all rules shall be effective upon adoption by the City Attorney
and shall be filed in the office of the City Auditor.
Notwithstanding paragraphs B and C 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.
23.01.100 Construction.
This Chapter shall be broadly construed, consistent with its remedial purpose.
23.01.110 Severability of Provisions.
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.