HomeMy WebLinkAboutOrdinance No. 20264
ORDINANCE NO. 20264
AN ORDINANCE CONCERNING HUMAN RIGHTS; ADDING
SECTIONS 2.815 AND 2.820, AND AMENDING SECTIONS
2.013, 2.265, 2..270, 2.280, 4.613, 4.615, 4.620, 4.625, 4.630, 4.635
AND 4.645 OF THE EUGENE CODE, 1971.
Section 1. The Human Rights Commission sections in subsection (1) of Section 2.013 of
the Eugene Code, 1971, are amended as follows:
2.013 Ci_ty C_ ouncil - Boards, Commissions and Conn'nittees.
(1) Except for boards, commissions or committees established pursuant to
ordinance, state statute, or intergovernmental agreement, the following are the presently
constituted boards~ commissions and committees of the city with the number of members and
names of the appointive authority- indicated 'thereafter, together with the term and the authority
fbr such board, commission or committee:
Human Rights Commission
No. of Members:
Appointment Process:
Term:
Authority:
14 Citizens
1 Councilor or the Mayor
Council appoints
3 years
EC 2.260
Hmnan Rights Comrnission - Agenda Committee
No. of Members:
Appointment Process:
Term:
Aufhority:
5 (The Chairperson and Vice-Chairperson from the
Human Rights Commission and the Chairperson or
representative from each standing committee)
Election by the Commission and each standing
committee
During the term of office that provides membership
on the Agenda Committee
EC 2.280
Ordinance ~ 1
Human Rights Commission - Standing Committees
Committee on Accessibilit~
No. of IVlembers:
Appointment Process:
Term:
Authority:
10 (Five from the Human Rights Commission, five
citizens)
Commission appoints
Commission members: during service on
Commission; Citizen members 3 years
EC 2.280
Advocate Rest2onse Team
No. of Members:
Appointment Process:
Term:
Authorit3:
5 (At least 3 Human Rights Commissioners mad 2
advocates, all from the qualified advocate pool)
Commission appoints
Commission members: during service on
Commission; Citizen rnembers 3 years
EC 2.280
Committee on Education and Outreach:
No. of Members:
Appointment Process:
Tem~:
Authority:
10 (Five from the Human Rights Commission, five
citizens)
Commission appoints
Commission members: during service on
Commission; Citizen members 3 years
EC 2.280
Section 2. Sections 2.265, 2.270 and 2.280 of the Eugene Code, 1971 are amended as
follows:
2.265 Human Rights Commission - Duties and Powers.
(1) The commission shall affirm, encourage and initiate programs and services
within the city designed to eliminate discrimination, improve human relations, and effectuate the
spirit and intent of applicable human rights legislation. In these efforts, the commission may
enlist the support of comnmnity groups and public agencies.
(2) The commission shall make periodic recommendations to the mayor and
council concerning the civil and human rights of persons and groups in the community.
Ordinance - 2
(3) The commission shall cooperate with the city officials to ensure that the
city continues to be a leader in extending equal opportunity to its citizens, including but not
(a)
(d)
privileges~
limited to:
Employment opportunities in city government;
Tra'ining for city jobs;
Equality of services provided;
Equality of all before the law; and
Equal treatment of all by' holders of city licenses, contracts and
(4) The commission shall cooperate with the State Bureau of Labor and
Industries and other governmental agencies in receiving, referring and investigating specific acts
of discrimination against individuals in the community.
(5) The commission shall endeavor to ascertain the status of civil and human
rights in the community. The commission may investigate, research and hold hearings to
efJkctuate this provision.
2.270
Human Rights Commission - Membership.
(1) The commission shall consist of:
(a) One member of the city council or the mayor;
(b) Fourteen ckizens with a demonstrated interest in or knowledge of
the human rights concerns of the community, chosen to ensure a balance between
men and women on the commission as well as representation from the racial,
ethnic, religious, and disabled groups and any other group subject to
discrimination or harassment in the community. Members shall be appointed by
the council.
(2) Vacancies on the commission shall be filled in the same manner as
original appoinIments. Except where the vacancy occurs because the member fi:om the council
or the mayor ceases to serve on the comrnission, the council shall appoint, within 90 days of the
position becoming vacant, a person to complete the member' s unexpked term from the non-
commission members of the commission's standing committees. A position becomes vacant
upon:
(a) The death or resignation of the incumbent;
(lb) Removal of an incumbent for nonperfbrmance of duty or upon
recommendation by the commission after the commission has determined that the
incmnbent has failed to properly represent the commission or otherwise damaged
the work of the commission, and the council has concurred with that
determination;
(c) Failure of the council to reappoint an incumbent at the expiration
of his or her term; or
(d) The incumbem ceasing to be qualified for initial appointment.
(3) Each citizen member shall serve a three-year term. No member of the
commission shall serve more than six consecutive years as a member of the commission.
(4) Members of the commission shall be persons who have actively
Ordinance - 3
demonstrated an interest arid expertise in efforts to promote diversity, equality, equity and
understanding of human fights, and to dismantle injustice, discrimination, bigotry, hatred and
harassment within the city~
2.280
created.
Httman Rights Commission - Committees.
(1) The Agenda Committee of the Human Rights Commission is hereby
(a) The members of'the agenda committee shall be the elected
chairperson and vice-chair of the commission, the chair of the committee on
education and outreach, the chair of the committee on accessibility, and the
designated representative of the advocate response team.
(b) The agenda committee shall be responsible for the preparation of
the agenda and for planning the meetings of the commission. The agenda
commi~ee shall also provide membership services by the orientation of new
members o£the commission and the commission's committees, by assisting all
members and the council concerning member's attendance and responsibilities,
and by providing a link anaong the commission and the committees when these are
not meeting. The agenda committee may take other actions, at the request of the
commission, including preparing recommendations on commission bylaws and
other administrative matters.
(2) The Advocate Response Team, the Cormnittee on Education and
Outreach, and the Committee on Accessibility, hereinafter referred to as the "standing
committees," are hereby created.
(a) The committee on accessibility and the committee on education
and outreach shall have ten members each who shall serve three year terms. The
commission shall appoint members of each committee according to the criteria
specified in section 2.013 of this code. These commitlees shall elect a commi~ee
chairperson and vice-chairperson. The chairperson must also be a commissioner.
Ol~cers shall serve for terms of one year.
(b) Vacant positions on a standing committee shall be filled by
appointment by the commission. A position shall be considered vacant under the
same condkions as set forth for a vacancy on the commission.
(c) Each standing committee shall meet at least nine times a year, with
such additional meetings as it deems necessary to properly perform its duties.
(d) Each standing committee may make and alter rules for its conduct
and procedure, providing they- are consistent with state law and applicable
provisions of the city charter, ordinances and policies.
(e) Fifty percent plus one of the current membership of a committee
shall constitute a quorum.
(3) The advocate response team shall coordinate the program that aids in the
resolution of incidents of discrimination and harassment. The committee shall also:
(a) Coordinate recruitment and training of volunteer advocales;
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cases;
(b) Establish policies and procedures for management of individual
(c) Assign and monitor work of volunteers;
(d) Prepare agendas and facilitate meetings;
(e) Analyze and report to staff and the commission on trends; and
(f) Make recommendations on identified community issues~
(4) The committee on education and outreach shall plan, conduct and
co-sponsor forums, coordinate a speakers bureau, act as a publicity arm for progrmns, and assist
community organizations in raising awareness and staging events relating to human rights issues.
The committee shall have the primary responsibililb' to recruit, train and coordinate volunteers to
assist in human rights program activities, and shall work to keep the program and the city open to
members of the protected classes served by the program. The committee shall also assist the city
in employment outreach and shall actively solicit protected class participation on all citizen
advisory boards.
(5) The committee on accessibility shall monitor accessibility and recommend
policies and actions to improve accessibility in such areas as transportation, public meetings and
events~ employment opportunities and to overcome such barriers as cultural and linguistic
diffbrences and physical barriers~ including sidewalks and curbs. The committee shall develop
an accessibility guidebook and act as a resource on accessibility issues. The committee shall
establish and maintain working relationships with the city staff most closely involved with
physical accessibility questions and citizen access to city services and programs.
(6) The commission may recommend the council establish any additional
committee or task force which the commission feels will assist the commission and the city in
meeting the goals of the human rights program.
(7) Nothing in this section shall preclude the commission or any standing
committee from fbrming such temporary working groups from among existing members as the
commission or committee may feel is necessary to accomplish its duties.
Section 3. Sections 2~815 and 2.820 are added to the Eugene Code, 1971, to provide a
domestic partnership registry, as follows:
2.815 Domestic P Registration_. The city values the dignity and worth of all
people and is committed to promoting justice, equity and inclusivity. The city is
committed m fair treatmem of its people and employees and equal respect fbr all. The city finds
that domestic partnerships today exist in many different forms including unmarried couples-who
are hying together in spousal equivalent relationships. In order to promote equal respect and fhir
treatment, and to protect the public health, safety and welfare, it is the policy of this city to allow
persons in committed relationships who meet the domestic partnership criteria to register at the
office of the city recorder and obtain a certificate attesting to their status.
2.820
Dgmestic PaI_~nership - Registration Requirements. Procedures.
(1) R~quiremems. To be qualified to register as domestic partners, couples
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shall meet the ~bllowing requirements:
(a) They live as a family, are in a relationship of mutual support,
caring and commitment, and intend to remain in such a relationship;
(b) Neither of them is married or registered as the domestic partner of
any other person in any jurisdiction, nor has either terminated a registered
domestic partnership within the preceding six months;
(c) Both of them are at least 18 years of age; and
(d) They are not related by blood kinship closer than would bar
marriage in the stare of Oregon, and are mentally competent to consent to
contract.
(2) Registration. To register, qualified couples shall sign and submit a
Statement of Domestic Partnership stating that they meet the qualifications in subsection (1) of
th~s section and attesting that they:
(a) Understand that the registration of domestic partnership is evidence
of a domestic partnership of continuous duration; and
(b) Agree to file a statement of termination if the partnership is
terminated (except by death) or if any of the declarations in subsections (1) (a) or
(b) of this section is no longer true.
The statement of domestic partnership shall be signed by at least one person who has witnessed
the partners' signatures. The partners shall submit the statement of domestic parmership to the
ciW recorder, along with any required fees. Upon verification of the partners' identities, the city
recorder shall issue a Certificate of Domestic Partnership, which shall be signed by the partners
and the city recorder~ It is not a requirement for registration that the partners reside in the city.
(3) Termination of Domestic Partnership. A domestic partnership registration
terminates when:
(a) One of the partners dies; or
(b) One or both of the partners files a statement of termination with the
city. If only one parmer files a statement of termination, that partner must certify
that the filing partner notified the other parmer by mailing a notice of such intent
by certified mail, return receipt requested, to the last known address of the other
partner.
(4) Retention_ of D~mestic Partnership Records. The city recorder wilt
maintain a registration record for each domestic partnership registered wkh the city that includes
the p rtners names, registration dare, termination date (if applicable), certificate number, copy of
the Statement of Domestic Partnership and a copy of the Statement of Termination (if
applicable).
(5) Administrative Rules. The city manager may adopt achninistrative rules
puxsuant to section 2,019 of this code, and establish fees pursuant to section 2.020 of this code. in
order to implement the provisions of sections 2.815 and 2.820 of this code. The rules shall
include, but not be limited to, the ~brm and content of the domestic partnership certificate, the
statement of termination and the registration record.
Ordinance - 6
Section 4~ Sections 4~613, 4.615, 4.620, 4.625, 4.6307 4.635 and 4.645 of the Eugene
Code, 1971, are amended as f¥11ows:
4.613 H_uman
(1) Fi. gding~. The city finds that discrimination on the basis of race. religion,
color, sex, national origin, ethnicity, marital status~ familial status, age, sexual orientatiom source
of income and disabilhy exists within the city. The city finds that discrimination based on race,
religion, color, sex~ national origin, ethn/city, marital status, familial status, age, sexual
orientation, source of income and disability poses a substantial threat to the health; safety and
general welfare of the citizens of Eugene. The city further finds that existing state and federal
prohibitions against discrimination are not adequate and, therefore, the city deems it necessary
and proper to enact a local ordinance to address these issues.
(2) . The city values the dignity and worth of all human beings and is
committed to promoting justice, equity and inclusivity by respecting cultt~al and individual
diversity and ibstering mutual understanding among all people regardless of race, religion, color,
sex, national origin, ethnicity, marital status, familial status, age, sexual orientation~ source of
income, or disability. It is the intent of the city that all people 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. The city has a compelling
interest in eradicating and preventing discrimination based on race, religion, color~ sex, national
origin~ ethnicity~ marital status, fanfilial status, age, sexual orientation, source of income~ or
disability, and in ensuring equal opportunity in employment, housing and public
accommodations. These code provisions represent the least restrictive means of achieving the
city's objectives. In fhrtherance of this policy, the provisions of sections 4.613 to 4.655 of this
code shall be broadly construed, consistent w4th their remedial purpose. The purpose of
including fan~ilial status, sexual orientation~ ethnicity and source of income in these
nondiscrimination code provisions is to ensure that people are treated fairly and without regard to
these issues in the matters of employment~ housing and public accommodations. The inclusion
of familial status, sexual orientation, ethnicity and source of income in these code provisions is
not intended to and shall not be interpreted to establish or require affirmative action or quotas of
any kind.
4.615
Human ~hts - Definitions. For purposes of sections 4.615 to 4.655, the
following shall mean:
A~g~. Age mi'ers only to an individual t 8 years of age or older; except that~
for purposes of sections 4.630 and 4.635, age also refers to individuals under 18
),ears of age who have received a decree of emancipation frora the State of Oregon
pursuant to ORS 419B.552.
Because of sex. Includes, but is not limited to, because of pregnancy,
childbirth and related medical conditions or occurrences. Women affected by
pregnancy, childbirth or related medical conditions or occurrences shall be treated
the same for all employment-related purposes, including receipt of benefits under
Ordinance- 7
fringe benefit programs, as other persons not so affected but similar in their ability
or inability to work by reason of physical condition, and nothing herein shall be
interpreted to permit otherwise.
Commission. The human rights commission of the city as established
under section 2.260 oftNs code.
Contracto_r~ All persons, wherever s/mated, but excluding local, state or
federal traits of government or their officials, from whom the city purchases goods
and/or services costing $2~500 or more in any fiscal year.
Discriminate or discrimination. A different and unequal treatment because
of race~ religion, color, sex, national origin, ethnicity, marital status, familial
status, age, sexual orientation, source of income, or disability.
Domestic partnershit!. A relationship between two persons who meet the
following requirements: live as a family in a relationship of mutual support,
caring and commitment, and intend to remain in such a relationship; neither is
married or the domestic panner of any other person; are each 18 years of age or
older; are not related by blood kinship closer than would bar marriage in the state
of Oregon; and are mentally competent to consent to contract. Domestic
partnership may also be demonstrated by having registere& certified or affirmed
the relationship with any approprmte, legally established registry with
substantially similar criteria within any jurisdiction in the United States.
Employee, Every individual who works for wages, salary or cornrnission
or a combination thereof in the service of an employer, but does not include
persons employed by parents, grandparents, brothers, sisters, spouse or child. In
context, the term also includes those who are seeking or applying ~br employment~
. All persons, wherever situated, who ernploy one or more
employees within the city, or who solicit individuals within the city to apply for
employment within the city or elsewhere; the term includes the city itself} its
boards, commissions and authorities.
~thr!icit~ A person's cultural heritage.
Familial status. The relationship between one or more individuals at least
one of whom has not attained 18 years of age and who is domiciled with:
(a) A parent or another person having legal custody of the
individual; or
(b) The designee of the parent or other person having such
custody, with the written permission of the parent or other person.
"Familial status" includes any individual, regardless of age or domicile, who is
pregnan't or is in the process of securing legal custody of an individual who has
not attained 18 years of age.
Labor organization. An organization which is constituted for the purpose,
in whole or in parr, of collective bargaining or for dealing with employers
concerning grievances, terms or conditions of employment or for other mutual aid
or protection in connection with employees.
National origin. A person's country of birth or ancestry.
Ordinance- 8
Perso_ n. One or more individuals, partnerships, associations, corporations,
legal representatives, trustees, trustees in bankruptcy or receivers.
Person with a disability. A person with a physical or mental impairment
that substantially limits one or more major life activities, has a record of such an
impairment or is regarded as having such an impairment. As used herein, "major
lifb activity" includes, but is not limited to self-care, ambulation, communication,
transportation, education, socialization, employment and ability to acqmre~ rent or
maintain property; "has a record of such an impairment" means has a history of~ or
has been classified as having such an impairment; "is regarded as having an
impairment" means that the individual:
(a) Has a physical or mental impairment that does not
substantially limit major life activities but is treaIed by an employer or
supervisor as having such a limitation;
(b) Has a physical or mental impairment that substantially
limits major life activities only as a result of the attitude of others toward
such impairment; or
(c) Has no physical or mental impairment bui is treated by an
employer or supervisor as having an impainrient.
Placegfpublic accormnodafion. Except for an institution, bona fide club~
or place of accormmodation which is in its nature distinctively private, any place or
service offering to the public accommodations, adw~ntages, facilities~ or privileges
whether in the nature of goods~ services, lodgings, amusements, or otherwise.
Sexual orientation. Actual or perceived heterosexuality, homosexuality, or
bisexuality.
Sourc~ 0f income. The means by which a person supports his or her self
and the person's dependents, including but not limited to money and property
from:
(a) Any occupation, profession, activity, conn~act, settlement or
agreement;
(b) Federal or state payments;
(c) Court-ordered payments;
(d) Gifts, bequests, annuities, lif~ insurance policies, and
compensation for any illness or injury,
but excluding any money or property derived in a manner made illegal by any' law,
statute or ordinance.
4~620
Ht~an Rig~hts - Emplo_ymem Practice.. s.
(1) It shall be an unlawful employment practice:
(a) For an employer to refuse to hire, employ or promote, to bar or
discharge l¥om employment, or to discriminate in compensation or in terms.
conditions or privileges of employment:
1. Because of an individual's race, religion, color, sex,
national origin, ethnicity, marital status, familial status, age, sexual
Ordinance - 9
orientation, or source of income; or
2. Because an individual is a person with a disability which.
with reasonable accommodation by the employer, does no1 prevent the
performance of the work involved; or
3. Because of a juvenile record that has been expunged
pursuant to ORS 419A.260 and 419A.262.
However. discrimination is not an unlawful employment practice if such
discrimination results from a bona fide occupational requirement reasonably
necessary to the normal operation of the employer's business.
(b) For a labor organization to exclude or expel from its membership,
or otherwise to discriminate in any way against any iud ividual:
1. Because of an individual's race, religion, color, sex,
national origin, ethnicity, marital status, fhrnitial status, age, sexual
orientation, source of income, or because an individual is a person with a
disability; or
2. Because of a juvenile record that has been expunged
pursuant to ORS 419A.260 and 419A.262.
(c) For an employer or employment agency to print or circulate, or
cause to be printed or circulated, any statement, advertisement, or publication, or
to use any employment application form, or make any inquiry in connection with
prospective employment which expresses, directly or indirectly, any limitation.
specification or discrimination, or any intent to make such limitation, specification
or discrimination:
Because of an individual's race, religion, color, sex.
national origin, ethnicity, marital status, familial status, age, sexual
orientation, source of income, or because an individual is a person with a
disability; or
Because of a juvenile record that has been expunged
pursuant to ORS 419A.260 and 419A.262,
unless based upon a bona fide occupational qualification reasonably necessary to
the normal operation of the employer's business, or unless otherwise provided by
federal taw-.
Unless a determination is made that a designation expresses an intent to
limit, specify or discriminate, identifying employees according to race, religion,
color= sex, national origin, ethnicit¢', marital status, farniliai status, age, sexual
orientation, source of income, or disability does not violate this section.
(d) For an employment agency to classify or refer for employ-ment, or
to fkil or refuse to refbr fbr employment, or otherwise to discriminate in any way
against any individual:
1. Because of the individual's race, religion, color, sex,
national origin, ethnicity, marital status, familial status, age, sexual
orientation, source of income, or because an individual is a person with a
disability; or
Ordinance- 10
Because of a juvenile record, that has been expunged
pursuant to ORS 419A.260 and 419A~262~
However, it shall not be an unlawful practice for an employment age~cy to
classi~ or refer for employmem any individual where such classification or
referral results fi:om a bona fide occupational requirement reasonably necessary to
the normal operation of the employerts business, or where such classification or
referral is allowed under federal law.
(e) For any person, whether an employer or an employee, to assist,
induce, compel or coerce the doing of any of the acts forbidden 'under sections
4.6t3 to 4.640 of this code, or to attempt ro do so.
(f) For a vocational~ professional~ or trade school licensed to operate
in Oregon to refuse admission to or discriminate in its admission against or
discriminate in giving instruction to any otherwise qualified person because of
race, religion, color, sex~ national origin, ethnicky, marital status, farrfilial status,
age, sexual orientation~ source of income, or because an individual is a person
with a disability~
(g) For an employer, labor organizafion~ employment agency or a local
joint committee controlling apprentice training programs:
To deny or withhold from an individual the right m be
admitted to or participate in a guidance program~ an apprenticeship
training program, an on-the-job training program, or other occupational
training or retraining program;
2. To discriminate against an individual in the terms,
conditions or privileges of such programs; or
3. To print or circulate or cause to be printed or circulated any
statement, advertisement or pubhcation, or to use any application form for
such programs~ or to make an inquiry in connection with such programs
which expresses, directly or indirectly; any limitation, specification, or
discrimination, or any intent to make any such limitation, specification~ or
discrimination,
because of the race, religion, color, sex~ national origin, ethnicity, marital stares,
familial status~ age, sexual orientation~ or source of income of any person~ or
because an individual is a person with a disability.
For proposes of this subsection (1), receipt or alleged receipt oftreatmem for a mental disorder
shall not constitute evidence of a person's ~nabitity to perform the duties of a particular job or
position~
(2) it shall be an unlawful employment practice for any person to discriminate
aga~nst an individual in any manner set forth in subsection (1) of this section because of the race,
religion, color, sex, national origin, ethnic~ty, marital status, familial status~, age, sexual
orientation, source of income or disability of an5' other person with whom the ~ndividual
associates.
(3) It shall not be an unlawful employment practice under this section:
(a) For a bona fide church or other religious insfitution, including~ but
Ordinance ~ 11
riot limited to~ a school~ hospital or church camp, from preferring an employee or
applicant for employment of one religious sect or persuasion over another when:
That religious sect or persuasion to which the employee or
applicant belongs is the same as that of such bona fide church or other
religious institution;
2. In the opinion of such bona fide church or other religious
institution, such a preference will best serve the purposes of such bona fide
church or other religious institution; arid
3. The employment involved is closely cormected with or
related to the primary purposes of the bona fide church or other religious
institution~ and is not connected with a commercial or business activity
which has no necessary relationship to the bona fide church or other
religious institution, or to its primary purpose.
(b) For an employer, labor organization, employment agency or local
joint committee controlling apprentice training programs to select an apprentice
on the basis of the ability to complete the required apprenticeship training before
attaining the age of 70 years,
(c) For an employer or labor organization to provide or make financial
provision for child care services of a custodial or other nature to its employees or
members who are responsible for a minor child. As used herein, "responsible for
a minor child'~ means having custody or legal guardianship of a minor child or
acting in loco parentis to the child,
(4) The compulsory retirement of an employee at any age shall not be an
'unlawful employment practice if lawful under federal law.
4~625 Hum s ~ Fair Employment Practice Provisions in City Contracts.
(t) The city and all its contracting agencies, or departments shall include in all
contracts negotiated or renegotiated by them with contractors the following provisions:
~'(1) During the performance of this contract, the contractor agrees as
follows:
(a) The contractor will not discriminate against any employee
or applicant for employment because of an individual's race, religion,
color, sex~. national origin, ethnicity, marital status~ familial status~ age,
sexual orientation, or source of income, a juvenile record that has been
expunged pursuant to ORS 419A.260 and 419A.262, or because an
individual is a person with a disability which, with reasonable
accommodation by the employer does not prevent the perfbimance of the
work involved, unless based upon a bona fide occupational qualification
reasonably necessary to the normal operation of the employer's business.
(b) Those contractors employing 15 or more individuals will
develop and implement a plan to insure that applicants are employed, and
that employees are treated during employment~ without regard to race,
religion, color, sex~ sexual orientation, age, disability, national origin, or
Ordinance- 12
ethnicity. Such plan shall include, but not be limited to the following:
employment, upgrading, demotion, transfbr, recruitment, recruitment
advertising, layoff or termination, rates of pa5' or other forms of
compensation, and selection for training, including apprenticeship.
(c) The contractor agrees to post in conspicuous places,
available to employees and applicants for employment_, notices to be
provided by the human rights commission setting t'brth the provisions of
this nondiscrimination clause.
~(2) The contractor MI1, prior to commencement and during the term of
this contract, provide to the city such documentation, and permit any :inspection of
records as may be required or authorized by rules adopted by the city manager to
determine compliance w/th paragraph (1) above.
~(3) If upon an investigation conducted pursuant to rules adopted by the
city manager m accordance w~th section 2.019 of the Eugene Code, 1971~ there is
reasonable cause to believe that the contractor or any subcontractors of the
contractor have failed to comply Mth any of the terms of paragraphs (1) or (2), a
determination thereof shall be made in accordance with the adopted rules. Such
determination may result in the suspension, cancellation or termination of the
principal contract in whole or in part and/or the withholding of any funds due or to
become due to the contractor, pending compliance by the contractor and/or its
subcontractors, with the terms of paragraphs (1) and (2).
'~(4) Failure to comply with any of the terms of paragraphs (1) and (2)
shall be a material breach of this contract.
"(5) The contractor shall include the provisions of paragraphs (1) th_rough
(4) ~n contracts with subcontractors so fhat the provisions w/ll be binding 'upon
each subcontractor."
(2) The c~ty' manager shall adopt rules and regulations for in~plementation of
this section following fhe procedures set forth in section 2.019 of this code.
4.630 Human Rkghts - Housing Practices.
(1) It shall be an unlawful housing practice tbr any person, because of race,
religion, color, sex, national origin, etlmicity, marital status, familial status, domestic partnership
status, age, sexual orientation, source of income, or because an individual is a person with a
disabilky to:
(a) Refuse to sell, lease or rent, or otherwise make available any real
property to a purchaser~ lessee or renter.
(b) Expel a purchaser, lessee or renter from may real property.
(c) Make any distinction, discrimination or restriction against a
purchaser, lessee or renter in the price, terms, conditions or privileges relating to
the sale, rental, lease~ or occupancy of real property or in the furnishing of any
facilities or services in comttection with the real property.
(d) Attempt to discourage the sale, rental or lease of an3' real property
to a purchaser, lessee or renter.
Ordinance - 13
(e) Publish, circulate, issue or display, or cause to be published~
circulated, issued, or displayed, any communication, notice, advertisement or sign
of any kind, relating to the sale, rental or leasing of real property which indicates
any pret:brence, limitation, specification or discrimination based on race, religion.
color, sex, national origin, ethnicity, marital status, familial status, age, sexual
orientation, or source of income, or because an individual is a person with a
disability.
(f) Assist, induce, compel, or coerce another person to commit an act
or engage in a practice that violates this subsection, and subsection (3) of this
section.
(g) Coerce, intimidate, threaten or interfere with any person in the
exercise or enjoyment of, or on account of having aided or encouraged any other
person in the exercise o~; any right granted or protected b'y this section.
(2) No person or other entity whose business includes engaging in residential
real estate~related transactions Shall discriminate against any person in rnaking available such a
transaction, or in the terms or conditions of such a transaction, because of race, religion, color,
sex, national origin, ethnicity, marital status, familial status, domestic partnership status, age,
sexual, orientation,, source, of,, income,~ . or because an individual ~s' a person with a disability. As
used m thru subsectmn (2), res~dentml real estate-related transaction" means the making or
purchasing of loans or providing other financial assistance:
(a) For purchasing, constructing, improving, repairing or maintaining a
dwelling; or
(b) Securing residential real estate; or
(c) The selling, brokering or appraising of residential real property.
(3) No real estate licensee shall accept or retain a listing of real property lbr
sale~ [ease or rental with an understanding that a purchaser may be discriminated against with
respect'to the sale, rental or lease thereof because of race, religion, color, sex, national origin,
etbmicity, marital status, Pamilial status, domestic partnership status, age, sexual orientation,
source of income, or because an individual is a person with a disability.
(4) No person shall, fbr profit, induce or attempt to induce any other person
sell or rent any dwelling by representations regarding the entry or prospective entry' into the
neighborhood of a person or persons of a particular race, religion, color, sex, national origin,
ethnicity, marital status, ~amilial status, domestic partnership status, age, sexual orientation,
source of income, or because an individual is a person with a disability.
(5) For purposes of this section, receipt or alleged receipt of treatment ~br a
mental disorder shall not constitute evidence of a person's inability to acquire, rent or maintain
property.
(6) For purposes of this section, discrimination includes:
(a) A refusal to permit, at the expense of the person with a disability,
reasonable modifications of existing premises occupied or to be occupied by such
person if such modifications may be necessary' to aflbrd such person
enjoyment of the premises, except that, in the case of a rental, the landlord may,
where it is reasonable to do so. condition permission for such modifications on 'the
Ordinance- 14
renter agreeing to restore the interior of the premises to the condition that existed
before the modifications reasonable wear and rear excepted; or,
(b) A refusal to make reasonable accommodations in rules, policies,
practices or services when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a dwelling.
(7) it shall be an unlawful housing practice to discriminate against an
individual in any manner set forth in subsections (1) to (4) of this section because of the race~
religion, color, sex~ national origin, ethnicity, marital status, familial status, domestic partner}hip
status, age, sexual orientation, source of income, or disabilky of any other person with whom the
individual associates.
(8) The prohibkion against discrimination, distinctions or restriction because
of sex in subsections (1) and (3) of this section do not apply if the real property involved is such
that the application of subsections (1) and (3) of this section would necessarily result in common
use of bath or bedroom facilities by unrelated persons of opposite sex~
(9) The prohibition against discrimination, distinction, or restriction because
of source of income in subsections (1), (2), and (3) of this section does not fbrbid:
(a) Inquiry into and verification of source and amoum of income;
(b) Inquiry into, evaluation of, and decisions based on the amonnr~
stability or creditworthiness of any income or source of income;
(c) Screening prospective purchasers and tenants on bases not
prohibked by this code;
(d) Refusal to contract with a govemrnental agency 'under 42 USC
1437f(a) (Section 8).
(10) The prohibition against discrimination, distinction~ or restriction because
of sexual orientation in subsection (1) of this section does not apply:
(a) Where the lessor is renting rooms in ma individual dwelling unit
occupied by the lessor as the lessor's residence; or
(b) To the rental of space in a bona fide church or other religious
k~stitution or organization, including churches, synagogues, religious schools, and
other facilities used primarily for religious purposes.
(11) The prohibition against discrimination, distinction or restriction because of
~;amilial status and age in this section does not apply with respect to housing for older persons.
For the purpose of this subsection, "housing for older persons" means housing:
(a) Provided under any state or federal program thru is specifically
designed and operated to assist elderly persons~ as defined by the state or federal
program;
(b) Intended for, and solely occupied by, persons 62 years of age or
older; or
(c) Intended and operated for occupancy by at least one person 55
years of age or older per unit. Housing qualifies as housing for older persons
under this subparagraph if:
Significant ~hcilities and services are specifically designed
to meet the physical or social needs of older persons or, if provision of
Ordinance ~ 15
persons
(t2)
such facilities and services is not practicable, such housing is necessary to
provide importanI housing opportunities for older persons;
2. At least 80 percent of the dwellings are occupied by at least
one person 55 years of age or older per unit; and
Policies and procedures which demonstrate an intent by the
owner or manager to provide housing for persons 55 years of age or older
are published and adhered to.
Housing shall not fail to meet the requirements for housing for older
(a) Persons residing in such housing as of September 13, 1988 do not
meet the requirements of subsections (a) or (b) of subsection (11) of this section.
However, new occupants of such housing shall meet the age requirements of
subsections (b) or (c) of subsection (11) of this section; or
(b) The housing includes unoccupied units. However, such ur~its are
reserv~ed fbr occupancy by persons who meet the age requirements of subsections
(b) or (c) of subsection (11) of this section.
(t3) Nothing in this section limits the applicability of any reasonable local~
state or federal restrictions regarding the maximum number of occupants permitted to occupy a
dwelling.
4.635 Human Rights- Public Accommodations Practices.
(1) It shall be an unlawful public accommodations practice for a place of
public accommodation~ a person acting on behalf of a place of public accommodation~ or for any
person to assist a place of public accommodation or a person acting on behalf of such place to:
(a) Make any distinction~ discrimination or restriction against any
person because of race, religion, color, sex, national origin, ethnicity, marital
status, familial status, domestic partnership status, age, sexual orientation~ source
of income, or because an individual ~s a person with a disability; or
(b) Publish, circulate, issue or display or cause to be published,
circulated~ ~ssued or displayed, any communication~ notice, advertisement or sign
of any kind to the effect that any of the acco~rn~nodations, advantages~ facilkies~
services or privileges of such place of public accommodation will be refused,
wStbheld from or denied to, or that any discrimination will be made against~ any
person because of race, religion, color, sex, national origin, ethnicity, marital
status, fbmilial status, domestic partnership status~ age, sexual orienta:tion~ source
ofinco-me_ or because an individual is a person w4th a disability, except as
pro-vided by laws governing the consumption of alcoholic beverages by minors
and the frequenting of minors in places of public accommodation where alcoholic
beverages are served, and except for special rates or services offered to persons 55
years old and older.
(2) It shall be an unlawful public accommodations practice for any place of
public accommodation, or any person acting on behalf of such place~ to discriminate in any
manner described in this section because of the race, rel~gion~ color, sex, national origin.
Ordinance - 16
ethnicky~ marital status~ familial status, age~ sexual orientation, source of income, or disability of
any other person with whom the individual associates.
(3) It shall be an unlawful public accommodations practice fYr a place of
public accommodation~ a person acting on behalf of a place of public accommodation, or ~br a
person to assist such a place or person, to fail or refuse to offer visitation privileges to the
domestic partner of an inmate, patient or resident on the same basis as those privileges are
off~red to the spouses of other similarly situated inmates, patients or residents. For purposes of
h~s paragraph~ place of accommodation" shall be construed to include, but shall not be limited
the following:
(a) A jail or other place of incarceration;
(b) A funeral home;
(c) A hospital or other health care facility; and
(d) A residential facility for the care or treatment of elderly persons or
persons with mental or physical disabilities~ afflictions, or diseases~
4.645 Human z Enforcernent.
(1) Initiation~ Unless a different procedure is established by administrative
order of the city manager pursuant to section 2.019 of this code, an individual claiming to be
aggrieved by a practice prohibited by sections 4.613 to 4.640~ may:
(a) Within the time limits prescribed in sectior~ 4.650, file a request for
mediation with designated staff; on fbrms available from the staff. The individual
may, at the same time~ or a~ any subsequent time within the limits prescribed in
section 4.650, file a complaint pursuant m subparagraph (b) of this subsection.
Filing a request for mediation, however~ shall not constitute a timely filing ~br
purposes of complying with the time limitations on filing a complaint prescribed
in section 4.650 ofth/s code.
(b) File a complaint with the state of Oregon Bureau of Labor &
Industries (BOLi)~ or such other enforcement agency as the c~ty manager shall
contract with for administration and enforcement of sections 4.613 to 4.640 of this
code, on forms available from the commission.
(2) Med~g~i. on.
(a) Within ten working days of receipt of a request for mediation~ the
staff shall determine whether the request is consistent Mth the standards for
mediation established in commission rules and shall notify the parties whether
mediation is to occur~ If the mediation request is accepted~ the notice shall inform
the parties of the identky of the mediator and shall establish a time for mediation
m occur~ which is not later than 60 days from the date the request was filed.
Participation in mediation is voluntary, and either party may reject the offer ro
mediate~ Mediation shall be an informal process conducted in accordance with
rules and standards established by the commission~ If the request does nor meet
the commission's mediation standards, the request shall be denied.
(b) Mediation sessions are not open to the pubtic, but any resolution of
the dispute reached through mediation shall not be final until filed with the
Ordinance - 17
commission.
(c) In the event either party rejects mediation, fails to appear at the
time mediation is scheduled~ or the mediation does not result in a settlement~ the
mediation request will be dismisse&
(3) C_C_omplaints filed 'with enforcement agency.
(a) Pursuan~ to its contract with the city, BOLI~ or such other
enforcement agency with whom the city contracts, is authorized ro enforce the
provisions of sections 4.613 to 4.640 of this code in accordance with its adopted
procedures and applicable state law.
(b) Complaints filed by persons claiming to be aggrieved by' a practice
prohibked by sections 4.613 to 4.640 of this code shall be processed and enforced
by the enforcement agency in the same manner, and with the same enforcement
powers as afforded to the enforcement agency under state law for violation of
comparable state statutes.
(c) If a complaint is found to be j ustified~ the complainant shall be
entitled to the same remedies as afforded a complainant under comparable state
statutes.
(d) Orders issued by an enforcement agency pursuant to this section
shall be viewed as one issued by a hearings officer employed by the city' within
the mearfing of ORS 46.045(3) and shall be fully enforceable by the city.
(4) Private Rig_h_ht of Action. Any person claiming to be aggrieved by an
tmlawful discriminatory act under the provisions of sections 4.620 to 4.640 of this code
shall have a cause of action in an>, court of competent jurisdiction for damages and such
other remedies as may be appropriate. Such persons shall be subject to the procedural
limitations that apply to similar grievances 'under state law, as provided in ORS 659A.870
to 659A. 885. The court may grant such relief as it deems appropriate, including, but not
limited to, such relief as is provided in ORS 659A.885.
Section 5. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reikrence errors contained herein or in
other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Ordinance - 18
S_ection t5. Notwithstanding the provisions of Section 32 of the Eugene Charter of t 976~
Sections 2.815 and 2.820~ of the Eugene Code, 1971~ as provided in this Ordinance shall become
effective on February 1~ 2003.
Passed by the City Council this
12th day of November~ 2002.
City Recorde3
Approved by the Mayor this
12*h day of November, 2002.
Mayor
Ordinance - 19