(a)(A) "Discrimination" means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability.
(B) "Discrimination" does not include enforcement of an otherwise valid dress code or policy, as long as the code or policy:
(i) Provides, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of the individual; and
(ii) Does not have a disproportionate adverse impact on members of a protected class to a greater extent than the policy impacts persons generally.
(b) "Race" includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles as defined in ORS 659A.001.
(2) A person may not be subjected to discrimination in any public elementary, secondary or community college education program or service, school or interschool activity or in any higher education program or service, school or interschool activity where the program, service, school or activity is financed in whole or in part by moneys appropriated by the Legislative Assembly.
(3) The State Board of Education and the Higher Education Coordinating Commission shall establish rules necessary to ensure compliance with subsection (2) of this section in the manner required by ORS chapter 183. [Formerly 659.150; 2007 c.100 §29; 2013 c.747 §182; 2013 c.768 §146; 2021 c.239 §3; 2021 c.367 §32]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination
Section 659.780 - Definitions for ORS 659.780 and 659.785.
Section 659.785 - Employer prohibited from taking action; civil action; notice; exceptions.
Section 659.800 - Use of force or misrepresentation to prevent employment prohibited.
Section 659.805 - Blacklisting and blackmailing prohibited.
Section 659.815 - Deceptive representations or advertisements by persons employing labor prohibited.
Section 659.820 - Right of worker to recover damages and attorney fees.
Section 659.830 - Prohibitions and requirements relating to health insurance.
Section 659.835 - Health insurance coverage for children of employees.
Section 659.845 - Fraudulently accepting advancement and refusing to work prohibited.
Section 659.850 - Discrimination in education prohibited; rules.
Section 659.852 - Retaliation against student prohibited.
Section 659.855 - Sanctions for noncompliance with discrimination prohibitions.
Section 659.860 - Enforcement of ORS 659.850.
Section 659.865 - Discrimination for participation in sanctioned athletic events prohibited.
Section 659.880 - Prohibitions relating to termination of patient’s pregnancy.