Oregon Statutes 659A.805 – Rules for carrying out ORS chapter 659A
(1) In accordance with any applicable provision of ORS Chapter 183, the Commissioner of the Bureau of Labor and Industries may adopt reasonable rules:
Terms Used In Oregon Statutes 659A.805
- 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) Establishing what acts and communications constitute a notice, sign or advertisement that public accommodation or real property will be refused, withheld from, or denied to any person or that the person will be unlawfully discriminated against because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, disability or:
(A) With respect to public accommodation, age.
(B) With respect to real property transactions, familial status or source of income.
(b) Establishing what inquiries in connection with employment and prospective employment express a limitation, specification or unlawful discrimination as to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability.
(c) Establishing what inquiries in connection with employment and prospective employment soliciting information as to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability are based on bona fide occupational qualifications.
(d) For internal operation and practice and procedure before the commissioner under this chapter.
(e) Covering any other matter required to carry out the purposes of this chapter.
(2) In adopting rules under this section the commissioner shall consider the following factors, among others:
(a) The relevance of information requested to job performance in connection with which it is requested.
(b) Available reasonable alternative ways of obtaining requested information without soliciting responses as to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability, source of income or, with respect to real property transactions, familial status.
(c) Whether a statement or inquiry soliciting information as to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability, source of income or, with respect to real property transactions, familial status, communicates an idea independent of an intention to limit, specify or unlawfully discriminate as to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability, source of income or, with respect to real property transactions, familial status.
(d) Whether the independent idea communicated is relevant to a legitimate objective of the kind of transaction that it contemplates.
(e) The ease with which the independent idea relating to a legitimate objective of the kind of transaction contemplated could be communicated without connoting an intention to unlawfully discriminate as to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability, source of income or, with respect to real property transactions, familial status. [Formerly 659.103; 2003 c.521 § 4; 2007 c.100 § 10; 2007 c.903 § 5a; 2021 c.367 § 42]