HomeMy WebLinkAboutOrdinance No. 19970ORDINANCE N4. 19910
AN ORDINANCE CONCERNING HUMAN RIGHTS; AMENDING SECTIONS
4.615, 4.620, 4.625, 4.634, 4,635, 4.644, 4.645, AND
4.994 OF THE EUGENE CODE, 1971; ADDING SECTIONS 4.613
AND 4.655 TO THAT CODE; AND DECLARING.AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 4.615, 4.620, 4.625, 4.630, 4.635, 4.644, 4.645, and
Subsection ~3~ of Section 4.990 of the Eugene Cade, 1971, are amended, and new
Sections 4.613 and 4.655 are added thereto, to provide:
Human R~' ghts
4.613 ,Human Rights.
_ ~1~ FF din„~s. The city finds that discrimination on the basis of
race, religion, cal or, sex, national origin, mari tat status, f ami 1 i a1 status,
age, sexual orientation, source of income and di sabi 1 i ty exists within the city.
The city finds that discrimination based on race, religion, color, sex, national
origin, mari tat status, f ami 1 i a1 status, age, sexual orientation, source of
income and di sabi 1 i ty poses a substanti a1 threat t0 the health, safety and
general welfare of the ci t i yens of Eugene. The city further finds that existing
state and federal proh~ b~ t~ ons against discrimination are not adequate and,
therefore, the c~ ty deems a t necessary and proper to enact a 1 ocal ordinance to
address these issues.
~ 2 ~ Pur ose . The city values the dignity and worth 4f al 1 human
be ~ ngs ,and ~ s camm~ tted to promot ~ ng ~ u st i ce, equity and i ncl us i v i ty by
respects ng cultural and ~ ndi vi dual diversity and fostering mutual understanding
among all people regardless of race, religion, color, sex, national origin,
mari tal status, fame 1 ~ al status, age, sexual orientation, source of income, or
di sabi 1 i ty. It i s the intent 4f the city that all people have an equal
opportune ty to party c~ pate ful 1y i n the 1 i fe of the city and that discriminatory
barriers to equal participation i n employment, hausi ng and public accommodations
be removed. The city has a compel l i ng interest i n eradicating and preventing
discrimination based on race, religion, color, sex, national origin, marital
status, farm 1 i al status, age, sexual ari entct i on, source of income, or
disability, and i n ensuring equal opportunity i n employment, housing and publ i c
accommodations. These code provisions represent the least restrictive means of
achieving the city's objectives. In furtherance of this policy, the provisions
of sects ons 4.613 to 4.655 of this ,code shall be broadly construed, cansi stent
with their remedial purpose. The purpose of including familial status, sexual
on entati on, and source of income i n these nondiscrimination code provisions i s
to ensure that peapl a are treated fairly and without regard to these issues i n
the matters of employment, housing and public accommodations . The inclusion of
farm 1 i al status, sexual orientation, and source of income i n these code
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provisions i s not intended to and shat 1 not be interpreted to establish ar
require affirmative action or quotas of any kind .
4.515 Human Ri hts -Definitions. For purposes of secti ans 4, 615 to
4.555, the fallowing shall mean;
Abe. Age refers only to an individual 18 years of age or
older.
Because of sex. Includes, but i s not 1 imi ted to, because of
pregnancy, childbirth and related medical condi tiaras or occurrences.
Women affected by pregnancy, childbirth or related medical
conditions or occurrences shall be treated the same for al 1
employment-related purposes, including receipt of benefits under
fringe benefit programs, as other persons not so affected but
s ~m~ 1 ar ~ n the ~ r obi 1 i ty or i nabi 1 i ty to work by reason of physical
condition, and nothing herein shall be interpreted to permi t
otherwise.
Commission. The human rights commission of the city as
established under section ~.Z60 of this code.
Contractor. All persons, wherever situated, but excluding
1 oval , state or federal units of government or thei r off i ci al s, from
whom the city purchases goods and/or services cvsti rag ~2, 500 or more
i n any fiscal year.
Discriminate or discrimination. A different and unequal
treatment because of race, religion,' color, sex, national origin,
marital status, farm 1 i al status, age, sexual orientation, source of
income, or di sabi 1 i ty.
D,,,._up1 ex. A bu i 1 d i rag designed or used exclusively for the
occupancy of two farm 1 i es ] i vi rag independently of each other and
having separate housekeeping facilities for each family.
Em to ee. Every individual who works for wages, salary or
cOmmi ss i on or a Iambi not i on thereof i n 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 far employment.
Em1111W ~la ier. All persons, wherever situated, who employ one or
more employees within the city, or who solicit individuals wi thi n
the c~ ty to apply far employment within the city ar elsewhere; the
term ~ ncl udes the city itself, its boards, commissions and
authari ti es.
Fami 1 i al 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 1 egal custody of
the ~nd~v~dual; or
~ b~ The designee of the parent or other person having
such custody, w~ th the written permission of the parent ar
other person.
'~ Fami 1 i al status" includes any individual , regardless of age or
dorm ci 1 e, who i s pregnant or i s i n the process of securing 1 e a1
. ~ . r
custody of an ~ nd~ v~ dual who has not attar ned 18 years of age.
labor or an i zat i on , An organ i tat i on which i s constituted for
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the purpose, i n whole or i n part, of col 1 ecti ve bargaining or for
deal ~ ng w~ th employers concern ~ ng grievances, terms or conditions of
employment or for other mutual aid or prvtecti an i n connect i on with
employees.
National origin. Includes ancestry.
•I11 III WIII I~~~II LI II III~WW~~
Person. One or more individuals, partnerships, associations,
corporations, 1 egal representatives, trustees, trustees i n
ban kruptcy or receivers .
Person wi th a di sabi l i t . A person wi th a physi cal or mental
impairment that substantially limits one or mare major 1 i fe
activities, has a record of such an impairment or i s regarded as
having such an impairment.
As used herein, "major life activity" includes, but i s not
1 i rni ted to self -care, ambulation, communication, transportation,
education, soc i al i 2ati on, employment and ability to acquire, 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; "i s
regarded as having an impairment means that the individual:
~ a} Has a phys i cal or mental impairment that does not
substantially limit major life activities but is treated by an
employer or supervisor as having such a 1 imitation;
~ b} Has a physical or mental impairment that
substantial ly l units major 1 ife activities only as a result of
the attitude of others toward such impairment; or
~c} Has no physical or mental impairment but is
treated by an employer or supervisor as having an impairment.
P1 ace of public accommodation . Except for an institution,
^ I II~Wllllll~• 19111i1OW~W11iII11WOii lid
bona fide club, or place of accommodation which i s i n its nature
distinctively private, any place or service offering to the public
accommadat~ ons, advantages, foci 1 i ti es, or privileges whether i n the
nature of goods, services, lodgings, amusements, or otherwise.
Sexual orientation. Actual or perceived heterosexuality,
homosexuality, or bi sexual i ty.
Source of income. The means by wh i ch a person supports
h i msel f or hersel f and his ar her dependents, including but not
1 united to money and property from:
~a} Any occupation, profession, activity, contract,
settlement ar agreement;
fib} Federal or state payments;
~c} Court-ordered payments;
~d} Gifts, bequests, annuities, 1 ife insurance
po]icies, 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, fi20 Human Ri hts - Em l o ment Practices,
~ ~ } It shall be an unlawful empl ayment practice:
~ a } Far an empl ayer to refuse to hire, employ or promote, to
bar,or discharge from employment, or to discriminate i n compensation
or ~ n terms, condi t~ ans or privileges of~ employment:
1. Because of an individual's race, religion, color,
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sex, national origin, marl tat status, farm 1 i al status, age,
sexual orientation or source of i name; or
2. Because an individual e s a person with a
disability which, with .reasonable accommodate an by the
employer, does not prevent the performance of the work
~ nvol ved; or
3. Because of a juvenile record that has been
expunged pursuant to ORS 419A.260 and 419A.262.
However, discrimination e s not an un1 awful empl ayment practice i f
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
individual:
1. Because of an individual's race, religion, color,
sex, national origin, marital status, fame 1 i al status, age,
sexual orientation, source of income, or because an individual
i s a person wi th a di sabi l i ty; or
2. Because of a juvenile record that has been
expunged pursuant to URS 419A.264 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
farm, or make any inquiry i n connection with prospective employment
why ch expresses, d~ rectly or indirectly, any limitation,
specification or discrimination, or any intent to make such
1 imitation, specification or discrimination:
1. Because of an individual's race, religion, color,
sex, national origin, marital status, fami1 ial status, age,
sexual orientation, source of income, or because an individual
es a person with a disability; or
2. 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 reasonabl y
necessary to the normal operation of the employer's business, or
unless otherwise provided by federal law.
Unless a determination is made that a designation ex resses an
. p
~ ntent , to l ~ m~ t, specs fy or d~ scr~ m~ Hate, ~ dent ~ fy~ ng employees
accord ~ ng to race, rel ~ g ~ on, color, sex, national origin, marital
status, fame 1 i al status, age, sexual orientation, source of income,
or di sabi 1 ity does not viol ate this section.
~d} For an empl ayment agency to classify or refer for
employment, or to fail or refuse to refer for employment, or
otherwise to discriminate in any way against any individual:
1. Because of the individual's race, religion, color,
sex, Hate onal~ origin, marital status, familial status, age,
sexual orientation, source of income, or because an individual
is a person with a disability; or
2. Because of a juveni 1 e record, that has been
expunged pursuant to .ORS 419A. 260 and 419A. 262.
However, i t shall not be an unlawful practice for an employment
Drdinance - 4
agency to c1 assi fy or refer for emp1 ayment any individual where such
c~ ass i f i cat i on or referral results from a bans fide occupational
requirement reasonably necessary to the normal operation of the
employer's business, ar where such classification or referral is
al 1 owed under federal 1 aw.
fie} 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.fi13 tv 4.64 of this code, ar to attempt
to do so. ~ .
~ f } For a ~ vocat i anal , profess i ona1, ar trade school 1 i ceased
to operate i n Oregon to refuse admission to or discriminate i n its
admission against or discriminate in giving instruction to any
otherwise qualified person because of race, .ref i g i on, color, sex,
national origin, ,marital status, fami 1 i a1 status, age, sexual
on entat i on, source of income, or because an individual i s a person
with a disability.
~g } For an employer, 1 abar organization, employment agency
or a 1 ocal joint committee control 1 i ng ,apprentice training programs:
1. To deny ar withhold from an individual the right
to be admitted to .or participate i n a gui dance 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. Ta print or circulate ar cause to be printed or
circulated any statement, advertisement or publication, or to
use any application form for such programs, or to make an
inquiry i n connecti vn with such programs which expresses,
directly or indirectly, any limitation, specification, ar
discrimination, ar any intent to make any such 1 imitation,
specification, or discrimination,
because of the race, religion, color, sex, national origin, marl tat
status, fami 1 i al status, ~ age, sexual orientation, or source of
income of any person, or because an individual i s a person with a
disability.
Far purposes of this subsecti an ~ 1 } , receipt or alleged receipt of treatment for
a mental disorder shat 1 not constitute evidence of a person's i nabi 1 i ty to
perform the duties .of a particul ar job ~or position.
~ ~ } , I t shal 1 be , an unlawful employment practice for any person to
d~ scr~ m~ nate agar nst an ~ nd~ v~ dual ~ n any .manner set forth i n subsection ~ ~ } of
this section because of the race, religion, color, sex, national origin, marital
status, fami 1 i al status, age, sexual on entati an, source of income or di sabi 1 i ty
of any other person with whom the ~ i ndi vi dual associates.
~3} It shall not be an unlawful employment practice under thi s
section
~ a } For a bona fide church or other religious institution,
including, but not 1 i mi ted to, a school , hospital or church camp,
from preferring ~ an employee or applicant for employment of one
religious sect or persuas i an over another when
1. That religious sect or persuasion to which the
employee or applicant bet ongs i s the same as that of such bona
fide church- or other red igiaus institution;
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2 . I n the opinion of such bona fide church or other
religious i nsti tuti an, such a preference wi 1 i best serve the
purposes s of. such bona fide church or other religious
~nst~tut~an; and
3. The employment involved i s closely connected with
or related to the primary purposes of the bona fide church or
other rel i g i aus institution, and i s 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 ~o~ nt comma ttee controlling apprentice training programs to
select an apprentice on the basis of the ability to complete the
requ ~ red apprent ~ cesh i p training before attaining the age of 10
years.
. ~c} For an employer or labor organization to provide or make
f ~ nand al prov ~ s ~ on far ch ~ l d care services of a custod i al or other
nature to its emp~1 oyees or members who are responsible for a mi nor
chi 1 d. As used herein, "responsible for a mi nor chi 1 d" means having
custody or legal guardianship of a mi nor child or acting i n 1 oco
parentis to the chi 1 d,
~4} The compulsory retirement of an employee at any age shall not
be an unlawful employment practice i f 1. awful under federal law.
4.625 Human Ri hts - Fai r Em 1 o ment Practice Provisions i n Ci t Contracts .
~ 1 } The city and all its contracting agencies, or departments shat 1
include i n all contracts negotiated or renegotiated 'by them with contractors the
following provisions:
" ~ 1 } During the performance of this contract, the contractor
agrees as fol 1 ows:
~a} The contractor wi 11 ~ not discriminate against any
emp1 oyee or appl ~ cant for employment because of an
~nd~v~dual's race, religion, color, sex, national origin,
marital status, f ami 1 i al status, age, sexual orientation or
source of i ncome, a juveni 1 e record that has been expunged
pursuant to DRS 419A~.2bo and 419A.262, or because an
i nd i vi dual ~ i s a person with a di sabi 1 i ty which, with
reasonable accammodati an by the emp1 oyee does not prevent the
performance 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 individual s
will develop and implement an affirmative action plan to
insure that.appl~cants are employed, and that employees are
treated dur~ ng employment, without regard to: their race,
color, sex, age, or national origin . Such p1 an shat 1 include,
but not be limited to the following: employment, upgrading,
demob an, transfer, recruitment, recruitment advertising,
layoff ar termination, rates of pay or other farms of
compensation, and selection for training, including
apprenticeship.
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~c} ,The contractor, agrees to post i n conspicuous
p1 aces, ava~ l abl a to employees and applicants far employment,
not ~ ces to be provided by the human rights cormni ss i on setting
forth the provi s i ons of this nondi scri mi not i an clause .
"~~} The contractor wi 1 l , prior to co~nencement 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
compl ~ once w~ th paragraph ~ ~ } above,
"~3} if upon an investigation conducted pursuant to rules
adapted by the city manager i n accordance with secti an T. a19 of the
Eugene Cade, 1911 there i s reasonable cause to believe that the
contractor ar any subcontractors of the contractor have failed to
comply with any of the terms . of paragraphs ~ 1 } ar ~ 2 } , a
determination thereof shall be made i n accordance with the adopted
rules . Such determi not i an may result i n the suspension,
cancellation or termi nati ons of the pri n.ci pal contract i n whol a or i n
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} Fai 1 ure to comply with any of the terms of paragraphs
~1} and ~2} shall be a material breach of this contract.
"~5} The contractor sha11 include the provisions of
paragraphs ~ 1 } through ~ 4} i n contracts with subcontractors so that
the provisions will be binding upon each subcontractor. "
. , ~2} The city ,manager shall adopt rules and regulations for
~mpl ementat~ on of the s sects on fol 1 owi ng the procedures set forth i n section
2.419 of this code.
4,fi34 Human R~phts - Housing_Practi
- -~,,,~, _.~,~~~~~~~~~~~~~~~~~~~.~.,,~~~~,~. ~~~~~~~~_ ,~,. ~~.~, ces .
41} It shall be an unlawful housin ractice for an erson
,gP yP s
because of race, rel ~g~ on, color, sex, national ors gi n, mars tal status, fami 1 i a1
status, age, sexual orientation, source of income, or because an individual i s
a person with a disability to:
~a} Refuse to sell , lease or rent, or otherwise make
avai 1 abl a any real property to a purchaser, lessee or renter.
fib} Expel a purchaser, lessee or renter from any real
property.
~c} Make any distinction, discrimination or restriction
against a purchaser, lessee or renter i n the price, terms,
conditions or privileges relating to the sale, rental, lease, or
occupancy of real property ar i n the furnishing of any facilities or
services i n connection with the real property.
~d} Attempt to discourage the sale, rental or 1 ease of any
real property to a purchaser, lessee or renter.
fie} Publish, .circulate, issue or display, ar cause to be
publ ~ shed, c~ rcu~ ated, issued, or displayed, any communication,
not ~ ce, advert ~ sement or s i gn ~ of any kind., relating to the sale,
rental or leasing of real property which indicates any preference,
1 i m~ tat ~ an, sped f i cati on or d i scri mi not i on based on race, rel i ion,
.. 9
color, sex, not ~ onal ors g ~ n, mars tal status, fame 1 ~ al status, a e,
9
Ordinance - 1
sexual orientation or source of i ncame, or because an ~ i nd i v i dual e s
a person wi th a di Sabi 1 i ty.
~ f } Assist, induce, compel , or coerce another person to
commit an act or engage in a practece that violates this subsection,
and subsection ~3} of the s ~ secti on.
fig} Coerce, intimidate, threaten or interfere with any
person i n the exercise or. enjoyment of, ar an account of having
aided or encouraged any other person en the exercise of, any right
granted or protected by this section .
~2} No person or other entity whose business includes engaging in
residential real estate related transactions shall discriminate against any
person in making available such a transaction, or in the terms or conditions of
such a transaction, because of race, religion, color, .sex, national origin,
marital status, farm 1 i al status, age, sexual orientation, source of income, or
because an individual i s a person wi th a di sabi 1 i ty. As used i n this subsection
~2}, "residential real estate related transaction" means the making ar purchasing
of 1 oars or prove di ng ~ other financial assistance:
~a} ~ ~ For. purchasing, constructing, improving, repairing or
maintaining a dwelling; or
~ b} Securing residential real estate; or
~c} The sel 1 i ng, brokering or appraising of resi dente a1 real
property.
~3 } No real estate 1 i censee .shall accept ar retai n a l i st i ng of
real property for sale, 1 ease or rental with an understanding that a purchaser
may be discriminated against with respect to the sale, rental or 1 ease thereof
because of race, religion, col or, ~ sex, national ori~g i n, marital status, familial
status, age, sexual orientation, source of i ncame, or because an individual i s
a person with a disability.,
~ 4 } No person shat 1, for profit, induce or attempt to induce any
other person to sel 1 or rent any dwel 1 i ng by representati ons regarding the entry
or prospective entry into the ne i ghbarhood of a person or persons of a part i cul ar
race, religion, color, sex, not i anal on gi ~n, marital status, f ami 1 i al status,
.age, sexual orientation, source of income, or because an individual i s a person
wi th a di sabi 1 i ty.
~5} For purposes of this section., receipt or alleged receipt of
treatment far a mental disorder shall not constitute evidence of a person's
inability to acquire, rent or maintain property.
fib} For purposes of this section, discrimination includes:
4 a,} . A ref usal to .permit, at the expense of the person with
a d~ sabi 1 ~ ty, reasonabl a mod i f e cat i ons of existing premises occupied
or to be accupi ed~. by such person i f such modifications may be
necessary to afford such person full enjoyment of the premises,
except that, i n the case of a rental , the 1 andl ord may, where i t i s
reasonable to do so, condition permission far such made f i cote ons on
the renter agreeing to restore the interior of the premises to the
condi ti.on that existed before the modification, reasonable wear and
tear excepted; or,
fib} A refusal to make reasonable accommodations in rules,
policies, practices or services when such accommodate ans may be
necessary to afford such person equal opportunity to use and enjoy
a dwelling.
~1} It shall be~ an unlawful housing practice to discriminate
Ordinance - S
against an individual i n any manner set forth i n subsections ~ 1 } to ~4} of th i s
section because of the race, religion, color, sex, national origin, marital
status, fami 1 i al status; age, sexual orientation, source of income, or di sabi 1 i ty
of any other person with wham the individual associates.
~8} The prohibition against discrimination, distinction, or
restriction because of sex i n subsecti ans ~ 1 } and ~3} of this section do not
apply i f the real property involved i s such that the application of ~ subsect i ons
~ I } and ~3} of this section would necessarily result i n 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 i n subsections ~ 1 } , ~ ~} , and ~3 } of th i s
section does not forbid:
~ a} Inquiry into and verification of source and amount of
income;
~ b} Inquiry into, evaluation of , and decisions based an the
amount, stability or credi twarth i Hess of any income or source of
income;
~c} Screening prospective purchasers and tenants an bases
not prohibited by this code;
~d} Refusal to contract wi th a governmental agency under 42
USC I437f~a} Section 8}.
X10} The prohibition against discrimination, distinction, or
restri ct i an because of sexual orientation i n subsection ~ 1 } of this section does
not apply:
4 a} Where the 1 essor i s renting rooms i n an individual
dwelling unit occupied by the lessor as his or her residence; or
fib} If the dwelling unit i~s a duplex i~n which one unit is
owner-occupied; ar
~c} To the rental of space i n a bona fide church or other
religious i nst i tuti on ~ or organ i 2ati on, including churches,
synagogues, religious schools, and other facilities used primarily
for religious purposes.
X11} The prohibition against ~~ discrimination, distinction or
restriction because of familial status and age i n this section does not apply
with respect to haus i ng for older persons . For the purpose of this subsection,
~'hous~ng for older persons' means housing:
~ a } Provided under any ~ state or federal program that i s
spec~f~cally designed and operated to assist elderly persons, as
defined by the state or federal program;
fib} Intended far, and solely occupied by, persons fiZ years
of age or older; or
~c} Intended and operated far occupancy by at least one
person 55 years of age or older per unit. Housing qualifies as
hous ~ ng for older persons under th ~ s subparagraph i f
I. Significant ~ facil hies and services are
specifically designed to meet the physical or social needs of
older persons or, i f provi si on of such foci 1 i ti es and services
i s not practicable, such ,housing i s necessary to provide
important housing opportun~t~es for older persons;
2 . At 1 east 80 percent of the dwellings are occupied
by at 1 east one person 55 years of age or older per unit; and
3. Policies and procedures which demonstrate an
Ordinance - 9
intent by the owner or manager to provide housing for persons
55 years of age or older are published and adhered to.
{ 12} Housing shall not fail to meet the requirements for housing for
older persons ~f:
{a} Persons residing i n such housing as of September 13,
1988 do, not meet the ,requirements of subsections {a} or {b} of
subsect~ on { 1 I } of the s section. However new occupants of such
housing shall meet the age requirements of subsections {b} or {c} of
subsection { I 1 } of this section; or
{b} The hauling includes unoccupied units . However, such
units are reserved far occupancy by persons who meet the age
requirements of subsections {b} or {c} of subsection { 11 } of thi s
section .
{ 13 } Nothing i n this section 1 i mi is the appl i cabi 1 i ty of any
reasonable 1 acal , state ar federal restrictions regarding the maxi mum number of
occupants permitted to occupy a dwelling.
4.635 Human Ri hts -Public Accommodations Practices,
{ ~ } It shall ,be an un1 awful public accommodations practice for a
place of publ ~ c accommodate on, a person acting on behal f of a pl ace of publ i c
accommodation, or for any person to ass i st a pl ace of public accommodation or a
person acting on behalf of such place to:
{a} Make any distinction, discrimination ar restriction
against any person because of race, ref i gi on, color, sex, national
origin, marital status, fami 1 i al status, age, sexual orientation,
source of income, or because an individual i s a person with a
disability; or
{b} Publish, circulate, issue or display ar cause to be
publ ~ shed, c~ rcul ated, ~ ssued or displayed, any communication,
not ~ ce, advert ~ sement or sign of any kind to the effect that any of
the accommadati ons, advantages, foci 1 i ti es, services or privileges
of such place of public accommodation wi 11 be ref used, withheld from
or den ~ ed to, or that any ~d i scri mi not i on wi l 1 be made against, any
person because of race, religion, color, sex, not i anal origin,
marital status, fami 1 i al status, age, sexual orientation, source of
income, or because an individual i s a person wi th a di sabi ] i ty,
except as provided by 1 aws governing the consumption of alcoholic beverages by
m~ Hors and the frequenting of m~ Hors i n places of public accommvdati on 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 publ ~ c accommadat ~ on, resort or amusement, or any person acting an
behal f of such ~p1 ace, to discriminate i n any manner described i n this section
because of the race, religion, color, sex, nati anal origin, marital status,
fami 1 i al status, age, sexual on entat i an, source of income, or di sabi 1 i ty of any
other person with whom the individual associates.
4.640 Human Ri hts w En a i n i n Re ri sal or Retaliation. It shall bean
,unlawful practice for any person to penal i to or discriminate i n a
manner proh ~ b~ ted by sect ~ ons 4.613 to 4.640 or ~ to engage i n a repri sal or
Ordinance - 10
retaliation against an individual because that individual i n good faith has
opposed the use of a practi ce f arbi dden by sections 4.613 to 4.640, or has filed
a complaint, testified, assisted or participated in an investigation,
proceeds ngs, or hears ng under sects ons 4.613 to 4.640, or has attempted to do so.
4.645 Human Rights -Enforcement,
e • - - ~~I 1111111 - I~IIUIPIiliI1111iW~~ppl~l111111~^
~ 1} Initiation. Un1 ess a di fferent procedure i s established by
administrative order of the city manager pursuant to section 2.019 of this code,
an individual c1 a i mi ng to be aggrieved by a pract i ce prohibited by sections 4.613
to 4.640, may: .
~a~ Within the time limits prescribed in section 4.650, file
a ~ request for medi ati an with designated staff, on forms avai 1 abl e
from the staff . The i nd i v i duo] may, • at the same time, or at any
subsequent time within the 1 imi ts~ prescribed i n section 4.650, f i 1 e
a complaint pursuant to subparagraph fib} of this subsection. Filing
a request for mediation, however, shall not consti tute a timely
f i 1 i ng for purposes of complying with the time 1 i mi tat i ons on f i 1 i ng
a comp1 ai nt prescribed i n section 4.650 of this code.
~ b} Fi 1 e a compl ai nt with the state of Oregon Bureau of
Labor & I ndustri es ~ BOE I } , or such other enforcement agency as the
city manager shat 1 contract with for administration and enforcement
of sections 4.613 to 4.640 of this code, on forms avai 1 abl a from the
commission.
~2~ Mediation.
~a~ Within ten working days of receipt of a request for
med~at~on, the staff shall determine whether the request is
consistent with the standards for mediation established i n
commi ss i an rules and shall notify the parties whether mediation i s
to occur. If the mediation request i s accepted, the notice shat l
inform .the parties of the identity of the mediator and shal l
establ i sh a t i me for mediation to occur, which i s not 1 ater than 60
days from the date the request was f i 1 ed . Participation i n
mediation i s val untary, and either party may reject the offer to
medi ate. Med i at i an shall be an informal process conducted i n
accordance with rules and standards established by the commission .
If the request does not meet the commission's mediation standards,
the request shall be denied.
~ b} Mediation sess i ons are not open to the public, but any
resol ut~ on of the d~ spute reached through mediation shall not be
final until filed with the commission.
~c~ In the event either party rejects mediation, fai 1 s to
appear at the time mediation i s scheduled, or the mediation does not
result i n a settl event, the mediation request will be dismissed.
~3~ Comps ai ntslall.f i 1 edl,l.wi th11Y a folrlcemelnt agency.
~ a~ Pursuant to its contract with the city, BOL I, or such
other enforcement agency with whom the city contracts, i s authorized
to enforce the provisions of sections 4.613 to 4.640 of this code in
accordance with its adopted procedures and applicable state 1 aw.
~b~ Complaints f i 1 ed by persons claiming to be aggrieved by
a practi ce prohibited by sections 4.613 to 4.640 of this code shal 1
be processed and enforced by the enforcement agency i n the same
Ordinance - 11
manner, and with the same enforcement powers as afforded to the
enforcement agency under state 1 aw for violation of comparable state
statutes,
~c} If a complaint is found to be justified, the complainant
shat 1 be entitled to the same remedies as afforded a compl ai Want
under comparable state statutes.
. ~d} Orders issued by an enforcement agency pursuant to thi s
section shall be v~ ewed as one ~ ssued by a heari ngs off i cer employed
by the city within the meaning of ORS 46.0453} and shall be fully
enforceable by the city.
4.650 Human Ri hts -Limitation of action, No complaint shall be accepted
War action taken unless f i 1 ed wi th~i n one year from the date of the
occurrence of the al 1 eged unlawful practice, Where the al 1 eged unlawful practice
is of a continuing nature the limitation period shall not commence to run until
the unlawful practice has ceased..
4.655 Human R i ht s - Exem t i on . I n addition to any specific exemptions set
forth i n sections 4.613 to 4.650 of this code, i t shall not be
unlawful for a person to fail to comply wi th ~ secti ons 4.613 to 4.650:
~a} When compliance would substantially burden a person's
exerc~ se of rel ~ g ~ on; and
~ b} When exempting that ~ person from the appl i cat i an of
sect ~ ons 4.613 to 4.654 of th ~ s code would not impede the ab j ect i ves
sought ~ to be advanced by those sections, as described i n section
4.613 of this code.
Section 2. Section 4.990 of the Eugene Code, 1911 i s amended by deleting
the reference to 4.615 to 4.650 i n Subsection ~ 1 } thereof ; by deleting Subsection
(3) therefrom; and by renumbering Subsections (4), (5), (6), and (7) to (3), (4),
(5), and (6).
Section 3. The City Recorder, at the request of, or with the concurrence
of the City Attorney, may admi n i stmt i vel y~ correct any reference errors contained
herein yr in other provisions .af the Eugene Cade, 1911 to the provisions added,
amended or repealed herein .
Section 4. That the matters contained herein concern the public welfare
and therefore, an emergency is hereby declared to exist, and this Ordinance shall
become effective immediately upon its passage by the City Council and approval
Ordinance - 12
by the Mayor, retention by the Mayor for more than ten days, or readoption over
a Mayoral veto by two-thirds of all members of the Council ,
Passed by the City Council this
11th day of July, 1994
;,
City Recorder
Approved by the Mayor th i s
11th day of July, 1994
Mayor
Ordinance - 13