[Ord. No. 2371,
Add, 1-1-2004]
It is the policy of the City of Lake
Oswego to eliminate discrimination based on race, religion, color,
sex, marital status, familial status, national origin, age, mental
or physical disability, sexual orientation or gender identity. Such
discrimination poses a threat to the health, safety and general welfare
of the citizens of Lake Oswego and menaces the institutions and foundation
of our community.
[Ord. No. 2371,
Add, 1-1-2004]
The City Council finds that state
law does not clearly prohibit discrimination on the basis of sexual
orientation and gender identity. 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.
[Ord. No. 2371,
Add, 1-1-2004]
1.
Sexual Orientation. Actual or supposed
male or female homosexuality, heterosexuality or bisexuality.
2.
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.
3.
All other terms used in this ordinance
are to be defined as in Oregon Revised Statutes (ORS) Chapter 659A.
[Ord. No. 2371,
Add, 1-1-2004; Ord. No.
2890, Amended, 3-17-2022]
1.
The prohibitions in this article against
discriminating on the basis of sexual orientation and gender identity
do not apply:
a.
To the leasing or renting of a room
or rooms within an individual living unit that is occupied by the
lessor as their residence;
b.
To dwellings with not more than two
individual living units where one of the units is owner occupied;
c.
To space within a church, temple,
synagogue, religious school, or other facility used primarily for
religious purposes.
2.
The prohibitions in this article against
discriminating on the basis of gender identity do not prohibit:
a.
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.
b.
Otherwise valid employer dress codes
or policies, so long as the employer provides, on a caseby-case basis,
for reasonable accommodation based on the health and safety needs
of persons protected on the basis of gender identity.
c.
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.
[Ord. No. 2371,
Add, 1-1-2004]
1.
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 659A.030 and 659A.112.
2.
In addition, it shall be unlawful to discriminate
in employment on the basis of an individual’s sexual orientation
or gender identity, by committing against any such individual any
of the acts already made unlawful under ORS 659A.030 when committed
against the categories of persons listed therein.
[Ord. No. 2371,
Add, 1-1-2004]
1.
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, source of income, or disability, by committing any of the
acts made unlawful under the provisions of ORS 659A.421 and 659A.145.
2.
In addition, it shall be unlawful to discriminate
in selling, renting, or leasing real property on the basis of an individual’s
sexual orientation or gender identity, by committing against any such
individual any of the acts already made unlawful under ORS 659A.421
when committed against the categories of persons listed therein.
[Ord. No. 2371,
Add, 1-1-2004]
1.
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 659A.142,
or ORS 659A.400 to 659A.409.
2.
In addition, it shall be unlawful in public
accommodations to discriminate on the basis of an individual’s
sexual orientation or gender identity, by committing against any such
individual any of the acts already made unlawful under ORS 659A.400
to 659A.409 when committed against the categories of persons listed
therein.
[Ord. No. 2371,
Add, 1-1-2004]
1.
Enforcement of all or any part of this Article shall be governed by the procedures established in ORS Chapter 659A. Rules adopted by the City Manager pursuant to Section 34.22.090 of this Article may also be used to implement enforcement and administration of this Article.
2.
Any person claiming to be aggrieved by
violation of any provision of this Article may file a complaint with
the Commissioner of the Bureau of Labor and Industries under procedures
established in ORS 659A.800 et. seq.
4.
Any order issued by the Commissioner of
the Bureau of Labor and Industries under this Article shall be viewed
as one issued by a hearings officer employed by the City and shall
be fully enforceable by the City.
5.
Any person claiming to be aggrieved by
an unlawful discriminatory act under the provisions of this Article
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 659A.870 through 659A.880. The court
may grant such relief as it deems appropriate, including, but not
limited to, such relief as is provided in ORS 659A.885.
[Ord. No. 2371,
Add, 1-1-2004; Ord. No.
2890, Amended, 3-17-2022]
1.
The City Manager is hereby authorized to
adopt rules, procedures and forms to assist in the implementation
of the provisions of this Article.
2.
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.
3.
During the public review, the City Manager
or designee shall hear testimony or receive written comment concerning
the proposed rules.
4.
Unless otherwise stated, all rules shall
be effective upon adoption by the City Manager and shall be filed
in the office of the City Recorder.
5.
Notwithstanding paragraphs 2 and 3 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.
[Ord. No. 2371,
Add, 1-1-2004]
This Article shall be broadly construed,
consistent with its remedial purposes.
