(1) 
Discrimination against individuals or groups by reason of their race, color, religion, sex, sexual orientation, age, marital status, disability, or national origin is a matter of concern for the city. The council declares it to be the public policy of the city that discrimination in employment, housing, and places of public accommodation because of race, color, religion, sex, sexual orientation, age, marital status, familial status, disability, or national origin not only deprives Springfield inhabitants of their rights and property privileges, but also menaces the institutions and foundations of a free democratic society and threatens the peace, good order, health, safety and general welfare of the community.
(2) 
It is further declared to be the public policy of the city to foster equal opportunity for all to obtain employment, housing, and public accommodations without regard to race, color, religion, sex, sexual orientation, age, marital status, familial status, disability, or national origin and strictly in accord with their individual merits as human beings.
(3) 
To carry out the policy of the city as set forth in sections 5.550 to 5.574 and to carry out the administration, there is hereby created a Human Rights Commission that shall be appointed by the city council.
[Section 5.550 amended by Ordinance No. 6272, enacted December 5, 2011]
For purposes of sections 5.550 to 5.574, the following mean:
Age.
As defined herein for discrimination purposes shall only be considered as having been the basis of discrimination against an individual who is 18 years of age or older and under 70 years of age.
Commercial Space.
Any space in a building, structure, or lot or portion thereof that is used or occupied or is intended, arranged, or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distributing of personal property for commercial purposes; and any space in a building, structure or lot or portion thereof which is used or occupied, or is intended, arranged, or designed to be used or occupied for business or office purposes or for the rendering of professional or personal services.
Conditions of Employment.
Include, but are not limited to, testing for training programs, employment or promotion.
Disability.
The condition of being disabled or a disabled person as defined in ORS 659.400(1) and (2).
Discriminate or Discrimination.
Any different and unequal treatment because of race, color, religion, sex, sexual orientation, age, marital status, familial status, disability or national origin.
Employee.
Every individual who works for wages, salary or commission or any combination thereof in the service of an employer, but does not include a person employed by their parents, grandparents, brothers, sisters, spouse or child. In context the term also includes those who are seeking or applying for employment.
Employer.
All persons, wherever situated, who employ 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.
Employment Agency.
All persons who, with or without compensation, undertake to procure opportunities for employment or to procure, recruit, refer or place employees.
Familial Status.
One or more individuals, who have not attained the age of 18 years, being domiciled with: (1) a parent or another person having legal custody of such individual or individuals; or (2) the designee of such parent or other person having custody, with the written permission of the parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
Housing Accommodation.
Any building or structure or portion thereof that is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more individuals, groups, or families whether or not living independently of each other; and any vacant land available for the construction of a housing accommodation. It includes lots for single or multi-family residential development.
Labor Organization.
Any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining on behalf of employees or of dealing with employers concerning grievances, terms or other conditions of employment, or for other mutual aid or protection in relation to employment.
Lending Institution.
Any person engaged in the business of lending money or guaranteeing loans.
Marital Status.
The state of being married, single, divorced, separated, or widowed and the usual conditions associated therewith, including pregnancy or parenthood.
Marriage.
A civil contract entered into in person by a male at least seventeen years of age and a female at least seventeen years of age, who are otherwise capable and solemnized in accordance with ORS 106.150.
National Origin.
Includes, but is not limited to, ancestry.
Places of Public Accommodation, Resort or Amusement.
Every place of business, accommodation, refreshment, entertainment, recreation, and public conveyance operated on land, water or air, whose merchandise, services, accommodations, advantages, facilities, or privileges are extended, offered, sold or otherwise made available to the general public.
Real Estate Broker.
Any person, who for a fee, commission or other valuable consideration, lists for sale, sells, exchanges, purchases or rents, or offers or attempts to negotiate a sale, purchase or rental of an estate or interest in real property of another or collects, or offers or attempts to collect, rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or another encumbrance upon or transfer of real estate, or holds him or herself out as engaged in the business of selling, purchasing, exchanging or renting the real property of another.
Real Estate Salesman or Agent.
Any individual employed by a real estate broker to perform, or to assist in the performance of, any or all of the functions of a real estate broker.
Reasonable Cause.
Reasonable grounds to believe that a violation of sections 5.550 to 5.574 may have occurred or may be occurring.
Respondent.
Any person who, according to the allegations contained in any complaint filed with the commission, has engaged in or is engaging in any unlawful practice contrary to the provisions of sections 5.550 to 5.574, and who has been named in the complaint as a respondent.
Vocational School.
Any person who trains and teaches individuals to engage in any trade, business or vocational pursuit.
[Section 5.552 amended by Ordinance No. 6272, enacted December 5, 2011]
It shall be an unlawful employment practice:
(1) 
For any employer to discriminate against any individual with respect to hiring, dismissal, tenure, promotion, wages, bonus or other terms and conditions of employment.
(2) 
For any employer, employment agency or labor organization to establish, announce or follow a policy of denying or limiting through a quota system or otherwise, the employment or membership opportunities, to any group because of its race, color, religion, sex, sexual orientation, age, marital status, familial status, disability, or national origin.
(3) 
For any employer, employment agency or labor organization prior to employment or admission to membership with intent to discriminate against an individual.
(a) 
To make inquiry concerning, or make any record of, the race, color, religion, marital status, sexual orientation, familial status, national origin of any applicant for employment or membership;
(b) 
To use any employment application, personnel or membership forms containing questions or entries regarding race, color, religion, marital status, familial status, sexual orientation, disability, or national origin.
(4) 
For any employer, employment agency or labor organization prior to employment or admission to membership to cause to be printed, published, or circulated any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, religion, sex, sexual orientation, age, marital status, familial status, disability, or national origin.
(5) 
For any employment agency to fail or refuse to register, classify property, or refer for employment any individual because of race, color, religion, sex, age, marital status, familial status, disability, or national origin.
(6) 
For any labor organization to discriminate against any individual by limiting, segregating or classifying its membership in any way that would tend to deprive or limit the employment opportunities of the individual or otherwise adversely affect the individual’s status as an employee or other terms and conditions of employment.
(7) 
For any vocational school to discriminate against any individual in its admission and other operating procedures and practices relating to students or prospective students.
(8) 
For any employer, labor organization, employment agency or any joint labor management committee controlling apprentice training programs:
(a) 
To deny to or withhold from any individual because of race, color, religion, sex, sexual orientation, age, marital status, familial status, disability, or national origin the right to be admitted to or participate in a guidance program, an apprenticeship training program, an on-the-job training program, or other occupational training, or retaining program.
(b) 
To discriminate against any individual in the terms, conditions or privileges of such programs.
(c) 
To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to issue any form of application for such programs, or to make any inquiry in connection with such programs which expresses, directly or indirectly, any discrimination or any intent to discriminate.
[Section 5.554 amended by Ordinance No. 6272, enacted December 5, 2011]
It shall not be an unlawful employment practice:
(1) 
For an employer, employment agency, labor organization, vocational school or joint labor-management committee to undertake any practice contrary to the provisions of sections 5.550 to 5.574 if the practice involves discrimination on the basis of sex in those certain instances where sex is a good faith occupation qualification reasonably necessary to the normal operation of the particular business, enterprise or program.
(2) 
For a religious organization to undertake any practice contrary to the provision of sections 5.550 to 5.574 where such practice involved discrimination on the basis of religion with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such organization of its religious activities.
(3) 
For an employer, employment agency, labor organization, vocational school, or joint labor management committee to not engage in an affirmative action program on account of an imbalance in work force due to past discrimination.
It shall be unlawful housing practices:
(1) 
For an owner, lessee, sublessee, managing agent, or any other person having the right of ownership in, or possession of, or the right to sell, rent, or lease real estate, commercial space or housing accommodations or for a real estate broker, real estate salesman or employee, or agent thereof:
(a) 
To refuse to sell, lease, sublease, rent, assign, or otherwise transfer, or to refuse to negotiate for the sale, lease, sublease rental, assignment, or other transfer, of the title, leasehold, or other interest in any real estate, commercial space or housing accommodation, to any person, or to falsely represent that real estate, commercial space or a housing accommodation is not available for inspection, sale, lease, sublease, rental, assignment or otherwise to deny or withhold any real estate, commercial space or housing accommodation from any person because of race, color, religion, sex, age, marital status, familial status, disability, or national origin.
(b) 
To include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of any real estate, commercial space or housing accommodations, any clause, condition, or restriction discriminating against any person.
(c) 
To publish or circulate or cause to be published or circulated, any notice, statement, or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental or financing of any real estate, commercial space or housing accommodations, or to make any record or inquiry in connection with the prospective purchase, rental or lease of any real estate, commercial space or housing accommodation which expresses directly or indirectly any discrimination.
(2) 
For any person, bank, trust company, savings, and loan association, credit union, finance company, investment company, mortgage company, insurance company or other lending institution, agent or employee thereof to whom application is made for financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any real estate, commercial space or housing accommodations:
(a) 
To discriminate against any such applicant or applicants or of any member, stockholder, director, officer, or employee of the applicant or applicants, or the prospective occupants or tenants of real estate, commercial space or housing accommodations in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any such financial assistance.
(b) 
To use any form of application for financial assistance or to make any record of inquiry in connection with applications for financial assistance which expresses directly or indirectly any discrimination.
(1) 
It shall not be unlawful housing practice for an owner, lessee, sublessee, managing agent, or any other person having a right of ownership in, or possession of, or the right to rent or lease housing accommodations or for a real estate broker, real estate salesman or employee or agent thereof to refuse to rent or lease housing accommodations contrary to the provisions of sections 5.550 to 5.574 where such practice involves discrimination on the basis of sex and a uniform policy exists whereby all of the housing accommodations in the particular building or section of the particular building in question are restricted to members of the same sex.
(2) 
Where the lessor shares living quarters with tenants, with a common kitchen, bathroom or entry way, so that compatibility is a good faith requirement, refusal to rent to one applicant and subsequent rental to another applicant, shall not be construed to be necessarily discriminatory. This exception applies only to the actual act of renting, not to advertising, application, application forms or lease restrictions.
It shall be an unlawful public accommodations practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement to:
(1) 
Refuse any individual any of the accommodations, advantages, facilities or privileges of such place of public accommodation, resort or amusement because of race, color, religion, sex, age, marital status, familial status, disability, or national origin.
(2) 
Publish, circulate, issue, display, post or mail, either directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities or privileges of such place shall be refused, withheld from or denied to an individual on account of race, color, religion, sex, age, marital status, familial status, disability, or national origin, or that the patronage of any person belonging to or purported to be of any particular race, color, religion, sex, age, marital status, familial status, disability, or national origin is unwelcome, objectionable or not acceptable, desired or solicited.
It shall be an unlawful practice to penalize or discriminate in any manner prohibited by sections 5.550 to 5.574 or to engage in a reprisal or retaliation against any person because that person in good faith has opposed any practice declared to be unlawful under sections 5.550 to 5.574, or has filed a complaint, testified, assisted or participated in any manner in any investigation, proceedings, or hearing under sections 5.550 to 5.574.
It shall be an unlawful practice for any person to aid, abet, incite, compel, or coerce the doing of any act declared unlawful by sections 5.554, 5.558, 5.562, and 5.564.
The provisions of sections 5.550 to 5.574 shall be administered and enforced by the following:
(1) 
Any individual claiming to be aggrieved by an unlawful practice contrary to the provisions of sections 5.550 to 5.574, may, by themselves or their attorney, make, sign and file with the Human Rights Commission or the city manager a verified complaint. The city manager shall furnish the Human Rights Commission with an informational copy of a complaint filed with the city manager at its next regular meeting.
(2) 
The complaint shall state the name and address, if known, of the person or persons, the respondent, alleged to have engaged in or to be engaging in an unlawful practice contrary to the provisions of sections 5.550 to 5.574, the particulars thereof, and such other information as may be required by the city manager.
(3) 
The Human Rights Commission or the office of the city manager shall not accept a complaint from any individual who has filed a complaint with the Oregon State Bureau of Labor. The city manager shall seek the active assistance of the Bureau of Labor in the handling of complaints which fall within the jurisdiction of the Bureau of Labor.
(4) 
(a) 
Upon the filing of the complaint, the city manager shall notify the respondent in writing of the filing of the complaint and make a prompt investigation.
(b) 
The city manager shall appoint an investigator who shall be responsible for conducting the investigation.
(c) 
The city manager shall have the power to question witnesses and to examine documents and records relevant to the alleged unlawful practice under investigation.
(d) 
A copy of the summary of the investigation shall be served upon the complainant and the respondent.
(e) 
The complainant and the respondent shall be given a reasonable opportunity to present such information as they desire in support of or in opposition to the investigation findings.
(f) 
If during the course of the investigation or upon the conclusion thereof it appears to the city manager that there is substantial evidence supporting the allegations of the complaint, the city manager may cause immediate steps to be taken through conference, conciliation and persuasion to effect a settlement of the complaint and eliminate the effects of the unlawful practice. The city manager shall seek the aid, counsel and advice of the Human Rights Commission in effecting a settlement of the complaint and elimination of the effects of the unlawful practice.
(g) 
The terms of any settlement of a complaint shall be contained in a written conciliation agreement signed the respondent, the complainant, and the city manager and filed with the Human Rights Commission. The conciliation agreement shall be a public record.
(h) 
In case of failure to resolve a complaint after reasonable effort at conciliation a copy of all the records on file in the city manager shall be delivered to the city prosecutor, and upon receipt of the records the city prosecutor shall review the entire record and shall:
(i) 
If it appears that probable cause exists as to the violation of sections 5.550 to 5.574, institute a civil action in the name of the city, in the municipal court, for recovery of a penalty of $500.00 for each occurrence as provided in section 5.572; or
(ii) 
If it appears that there has been no violation of the provisions of sections 5.550 to 5.574 or there is not sufficient evidence upon which to proceed with a civil proceedings, return the file to the city manager with a report stating the reasons.
Any person, found by the court in a civil action brought pursuant to section 5.570(4)(h)(i) to have engaged in unlawful practice contrary to provisions of sections 5.550 to 5.574 is subject to a penalty of $500.00 for each occurrence thereof. Actions under section 5.570(4)(h)(i) may be instituted in the municipal court by the city prosecutor and shall be brought in the name of the city. The city shall be required to prove any act of discrimination under this section by a preponderance of the evidence.
No complaint shall be received by the city manager, nor any action be taken hereunder unless the complaint has been filed with the city manager within one year from the date of the occurrence of the alleged unlawful practice. Where the alleged unlawful practice is of a continuing nature the limitation period shall not commence to run until the unlawful practice has ceased.