RECORDED TO CORRECT EFFECTIVE DATE
M-249724-98
PREVIOUSLY RECORDED ON M-259724-98
M-250535-98
[Stamped Aug - 8 1998]
BEFORE THE BOARD OF COMMISSIONERS
FOR BENTON COUNTY, OREGON
An ordinance providing for the
)
Establishment of an Anti-Discrimination
)
Ordinance No. 98- 0139
Chapter in the Benton County Code
)
THE BENTON COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Policy
It is the policy of the County to eliminate discrimination based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income. Such discrimination poses a threat to the health, safety and general welfare of the citizens of Benton County and menaces the institutions and foundation of our community.
SECTION 2. Intent.
It is the intent of the County that no person be denied the equal protection of the laws, nor shall any person be denied the enjoyment of his/her civil or political rights or be discriminated against because of race, color, religion, national origin, sex, age, condition of pregnancy, marital status, physical limitations, family responsibilities, educational association, source of income, gender identity, sexual orientation or affectional preferences. Nothing herein contained shall be construed to prohibit any affirmative laws passed by any level of government.
SECTION 3. Definitions.
For the purposes of this ordinance, the following definitions shall be used:
(1) "Gender identity" includes the status of being transsexual or transgender.
(2) "Sexual orientation" means actual or supposed perceived homosexuality, heterosexuality or bisexuality.
(3) "Source of income" means the means by which a person supports himself or herself and his or her dependents, including but not limited to money and property from any occupation, profession or activity, from any contract, settlement or agreement, from federal or state payments, court-ordered payments, gifts, bequests, annuities, life insurance policies, and compensation for illness or injury, but excluding any money or property derived in a manner made illegal or criminal by any law, statute or ordinance.
(4) All other terms used in this ordinance are to be defined as in Oregon Revised Statutes Chapter 659 or Benton County Code Chapter 1.
SECTION 4. Exceptions.
(1) The prohibitions in this ordinance against discriminating on the basis of sexual orientation do not apply:
(a) To the leasing or renting of a room or rooms within an individual living unit which is occupied by the lessor as his or her residence;
(b) To dwellings with not more than two individual living units where one of the units is owner occupied.
(c) To bona fide church or sectarian religious organizations, including churches, temples, synagogues, religious schools or other facilities used primarily for religious purposes.
(2) The prohibitions of this ordinance against discriminating on the basis of source of income do not prohibit:
(a) Inquiry into and verification of a source or amount of income;
(b) Inquiry into, evaluation of, and decisions based on the amount, stability, security or creditworthiness of any source of income;
(c) Screening prospective purchasers and tenants on bases not specifically prohibited by this ordinance or state or federal law.
(d) Refusal to contract with a governmental agency under 42. U.S.C. § 1437f(a)"
Section 8".
SECTION 5. Discrimination in Employment Prohibited.
(1) It shall be unlawful employment practice for an employer to discriminate 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 659.030 and 659.425.
(2)
In addition, it shall be an unlawful employment
practice for an employer to discrimi-
nate on the basis of an individual's sexual orientation,
source of income, gender identity
or familial
status, by committing against any such individual
any of the acts already made
unlawful under ORS
659.030 when committed against the categories of persons listed
herein.
SECTION 6. Discrimination in selling, renting, or leasing real property prohibited.
(1) It
shall be unlawful to discriminate in selling, renting or
leasing real property on the
basis of an individual's race, reli-ion, color, sex, national
origin, marital status, familial status, or
disability, by committing any of the acts made unlawful under
the provisions of ORS 659.033 and
659.430.
(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,
gender identity, source of income,
or age
if the individual is 18 years of age or older except as is
excluded in ORS 659.033 subsection
6(a) and
(b), by committing against any such individual any of the acts
already made unlawful under ORS
659.033 when committed against the categories of persons listed
therein.
SECTION 7. Discrimination in Places of Public Accommodation
Prohibited.
(1)
It shall be unlawful to discriminate in public accommodations
on the basis of an indi-
vidual's race, religion, color, sex, national origin, marital
status, age if the individuals is 18 years of
age or older, or disability, by committing any of the
acts made unlawful under the provisions
of ORS
659.037, 659.425, or ORS 30.670 to 30.685.
(2)
In addition, it shall be unlawful in public accommodations to
discriminate on the ba-
sis of an individuai's sexual orientation, gender identity, source
of income or familial status, by
committing against any such individual any of the acts already
made unlawful under ORS 659.037 or
ORS 30.670 to 30.685 when committed against the categories of
persons listed therein.
SECTION 8. Enforcement and Administration.
(1)
Enforcement of all or any part of this ordinance shall be governed
by the procedures
established in ORS Chapter 659. Rules adopted by the County
Attorney pursuant to this ordinance
may also be used to implement enforcement and administration of
this ordinance.
(2)
Any person claiming to be aggrieved by an unlawful employment
practice under this
ordinance may file a complaint with the Commissioner of the Bureau
of Labor and Industries under
procedures established in ORS 659.040, and any person claiming
to be aggrieved by an unlawful
practice under this ordinance relating to selling, renting or
leasing real estate or discrimination in
public accommodations, may file a complaint with the Commissioner
under procedures established
in ORS 659.045.
(3)
The Commissioner may then proceed and shall have the same enforcement
powers
under this ordinance, and if the complaint is found to be justified,
the complainant shall be entitled to
the same remedies under ORS 659.050 to 659.085 as in the case
of any other complaint filed under
ORS 659.040 or 659.045
(4)
Any order issued by the Commissioner of the Bureau of Labor and
Industries under
this ordinance shall be viewed as one issued by a hearings officer
employed by the County within the
meaning of ORS 46.045(3) and shall be fully enforceable by the
County.
(5)
Any person claiming to be aggrieved by an unlawful discriminatory
act under the
provisions of this code shall have a cause of action in any court
of competent jurisdiction for dam-
ages and such other remedies as may be appropriate. Election
of remedies and other procedural is-
sues relating to the interplay between administrative proceedings
and private fights of action shall be
handled as provided for in ORS 659.095 and 659.121. The court
may grant such relief as it deems
appropriate, including but not limited to such relief as is provided
in ORS 659.121.
SECTION 9. Authority of the County Attorney to Adopt Rules.
(1)
The County Attorney is hereby authorized to adopt rules, procedures
and forms to as-
sist in the implementation of the provisions of this ordinance.
(2)
Any rule adopted pursuant to this Section shall require a public
review process. Not
less than ten (10) nor more than thirty (30) 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 pro-
posed rules may be obtained.
(3)
During the public review, a designee of the County Attorney shall
hear testimony or
receive written comment concerning the proposed rules. The
County Attorney shall review the rec-
ommendation of his or her designee, taking into consideration
the comments received during the
public review process, and shall either adopt the proposal, modify
or reject it. If a substantial modi-
fication is made, additional public review shall be conducted,
but no additional notice shall be re-
quired if such additional review is announced at the hearing
at which the original comments are re-
ceived.
(4)
Unless otherwise stated, all rules shall be effective upon adoption
by the County At-
torney and shall be filed in the office of the Board of Commissioners.
(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.
SECTION 10. Construction.
This Ordinance shall be broadly construed, consistent with its remedial purpose.
SECTION 11. Severability of Provisions.
If any party
or provision of this Ordinance, or application thereof to any
person or circum-
stance, is held invalid, the remainder of this Ordinance and the
application of the provision or part
thereof, to other persons not similarly situated or to other circumstances,
shall not be affected thereby
and shall continue in full force and effect. To this end,
provisions of this Ordinance are severable.
SECTION 12. Effective Date.
This ordinance
shall become effective on the 15th 14th
day July August
1998.
1st Reading: July 1, 1998
2d Reading: July 15, 1998
Effective Date: August 15th 14th,
1998
BENTON COUNTY
BOARD OF
COUNTY COMMISSIONERS
_[signature]_________________
Chairman
Approved as to form:
_[signature 6.25.98]_____________
County Counsel
__[signature 7/15/98_____________
Recording Secretary