[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.
3. 
The Commissioner may then proceed and shall have the same enforcement powers under this Article, and if the complaint is found to be justified the complainant shall be entitled to the same remedies, under ORS 659A.800 et. seq. as in the case of any other complaint filed under ORS 659A.820.
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.