Oregon Statutes 659A.425 – Violation based on facially neutral housing policy
(1) As used in this section:
Terms Used In Oregon Statutes 659A.425
- Bureau: means the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- Commissioner: means the Commissioner of the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
- National origin: includes ancestry. See Oregon Statutes 659A.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Race: includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles. See Oregon Statutes 659A.001
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
(a) ‘Facially neutral housing policy’ means a guideline, practice, rule or screening or admission criterion, regarding a real property transaction, that applies equally to all persons.
(b) ‘Protected class’ means a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income or disability.
(c) ‘Real property transaction’ means an act described in ORS § 659A.145 or 659A.421 involving the renting or leasing of residential real property subject to ORS Chapter 90.
(2) A court or the Commissioner of the Bureau of Labor and Industries may find a person to have violated ORS § 659A.145 or 659A.421 if:
(a) The person applies a facially neutral housing policy to a member of a protected class in a real property transaction involving a residential tenancy subject to ORS Chapter 90; and
(b) Application of the policy adversely impacts members of the protected class to a greater extent than the policy impacts persons generally.
(3) In determining under subsection (2) of this section whether a violation has occurred and, if a violation has occurred, what relief should be granted, a court or the commissioner shall consider:
(a) The significance of the adverse impact on the protected class;
(b) The importance and necessity of any business purpose for the facially neutral housing policy; and
(c) The availability of less discriminatory alternatives for achieving the business purpose for the facially neutral housing policy. [2008 c.36 § 2; 2021 c.367 § 41]
UNLAWFUL DISCRIMINATION BECAUSE OF EMPLOYMENT STATUS