Title 23 Civil Rights

It is the policy of the City to eliminate discrimination based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income, or family or relationship structure. Such discrimination poses a threat to the health, safety and general welfare of Portland community members and menaces the institutions and foundation of our community.

1. The Council finds that discrimination on the basis of sexual orientation, gender identity, source of income, and non-religion exists in Portland and that state law does not clearly prohibit such discrimination.  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 must 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.

1. A.  Sexual orientation means an individual's actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender. 
2. B.  Source of income is the means by which a person supports themselves and their 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.
3. C.  Gender identity means 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.
4. D.  Family or relationship structure means the actual or perceived involvement, or lack thereof, of consenting individuals in intimate personal relationships.Intimate personal relationships include, but are not limited to, multi-partner or multi-parent families and relationships, step-families, multi-generational households, diverse family structures, consensually nonmonogamous relationships, and consensual sexual and/or intimate relationships, including asexual and aromantic relationships.
5. E. Commissioner means the Commissioner of the State of Oregon's Bureau of Labor and Industries.
6. F.  In addition to any other definition provided by law, the term religion used herein expressly includes nonreligion, such as atheism, agnosticism, and nonbelief in God or gods as has been recognized by the courts.
7. All other terms used in this Chapter are to be defined as in Oregon Revised Statutes Chapter 659 and 659A.

1. A.  The prohibitions in this Chapter against discriminating on the basis of sexual orientation and gender identity do not apply:
   1. 1.  To the leasing or renting of a room or rooms within an individual living unit that is occupied by the lessor as their residence;
   2. 2.  To dwellings with not more than two individual living units where one of the units is owner occupied; 
   3. 3.  To space within a church, temple, synagogue, religious school, or other facility used primarily for religious purposes.
2. B.  The prohibitions in this Chapter against discriminating on the basis of source of income do not prohibit:
   1. 1.  Inquiry into and verification of a source or amount of income;
   2. 2.  Inquiry into, evaluation of, and decisions based on the amount, stability, security or creditworthiness of any source of income;
   3. 3.  Screening prospective purchasers and tenants on bases not specifically prohibited by this chapter or state or federal law;
   4. 4.  Refusal to contract with a governmental agency under 42 U.S.C. §1437f(a) “Section 8.”
3. C.  The prohibitions in this Chapter against discriminating on the basis of gender identity do not prohibit:
   1. 1.  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.
   2. 2.  Otherwise valid employer dress codes or policies, so long as the employer provides, on a case-by-case basis, for reasonable accommodation based on the health and safety needs of persons protected on the basis of gender identity.
   3. 3.  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.
4. D.  The exceptions in ORS 659A.006(4) and ORS 659A.030(1) apply to non-religion as well as religion.

1. A.  It is 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.142.
2. B.  In addition, it is unlawful to discriminate in employment on the basis of an individual's sexual orientation, gender identity, source of income, familial status, or family or relationship structure, 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.
3. C. Nothing in this Section will be construed to limit the ability of an employer offering health insurance coverage in connection with a group health plan to limit plan enrollment and benefits coverage to an employee, their spouse or domestic partner, and their dependent children. 
4. D. Nothing in this Section will be construed to limit the ability of an employer to establish and enforce otherwise valid policies prohibiting conflicts-of-interest in the workplace.

1. A.  It is 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, or disability, by committing any of the acts made unlawful under the provisions of ORS 659A.421 and 659A.145.
2. B.  In addition, it is unlawful to discriminate in selling, renting, or leasing real property on the basis of an individual’s sexual orientation, gender identity, family or relationship structure, source of income, or age if the individual is 18 years of age or older except as is excluded in ORS 659A.421 subsection 6, 7(a)-(c), 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.

1. A.  It is 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.409, 659A.142, or ORS 659A.403 to 659A.406.
2. B.  In addition, it is unlawful in public accommodations to discriminate on the basis of an individual’s sexual orientation, gender identity, source of income, familial status, or family or relationship structure by committing against any such individual any of the acts already made unlawful under ORS 659A.409 or ORS 659A.403 to 659A.406 when committed against the categories of persons listed therein.

1. A. Definitions. 
   1. 1. Place of public accommodation has the same meaning as defined in ORS 659A.400.  
   2. 2. Appropriate signage means signage that indicates that single-occupant restrooms are not restricted to a single gender. Examples include, but are not limited to, signs with the words "bathroom," "restroom," "all-user restroom," "all-gender restroom," "gender-neutral restroom," "unisex," or that use images to indicate that restrooms are accessible to all users.   
   3. 3. Single-occupant restroom means a fully enclosed, lockable restroom with one toilet, designed for use by one individual at a time. A single-occupant restroom may be used by an individual with the assistance of or in the company of another individual (for example, a personal attendant, parent or child). A single-occupant restroom may include a urinal in addition to a toilet.  
2. B. Single-occupant restrooms in places of public accommodation may not be restricted to a specific sex or gender identity and must use appropriate signage to indicate such facilities are designated for use by any person, regardless of sex or gender identity.  
3. C. Entities covered by this Chapter 23.01 must comply on or before January 1, 2027, by replacing existing signs on the exterior of single-occupant restrooms restricting use to a single gender with signs indicating that they are for use by all users. Enforcement will commence on July 1, 2027.   
4. D. Notwithstanding Section 23.01.080, this Section does not create a private right of action, and no private action arising from this Section shall be maintained. 

1. A. Definitions. As used in this Section 23.01.075, the following words and phrases must be construed as defined in this Subsection:
   1. 1.  Closed captioning means a transcript or dialog of the audio portion of a television program that is displayed on the bottom portion of a television receiver screen when the user activates the feature.
   2. 2.  Closed captioned television receiver means a receiver of television programming that has the ability to display closed captioning, including but not limited to a television, digital set top box, and other technology capable of displaying closed captioning for television programming.
   3. 3.  Public area means any part of a public facility that is open to the general public.
   4. 4.  Public facility has the same meaning as “place of public accommodation,” which is defined in ORS 659A.400 (2013).
   5. 5.  Regular hours means the hours of any day in which a public facility is generally open to members of the general public.
2. B.  Any person owning or managing a public facility must activate closed captioning on any closed-captioned television receiver in use in any public area during regular hours.
3. C.  A person owning or managing a public facility is not required to make a closed-captioned television receiver available for viewing in a public area if:
   1. 1.  No receiver of television programming of any kind is available in a public area of the public facility; or,
   2. 2.  The only receiver of television programming available in a public area of the public facility is incapable of displaying close captioning.
4. D.  Civil penalties.  A violation of this Section may result in the assessment of civil penalties, as provided below:
   1. 1.  If the City Administrator reasonably believes a violation has occurred, the City Administrator may issue a written determination addressing the following:
      1. a.  A reference to this Section, describing the violations that have occurred or are occurring;
      2. b.  The date and the time of the occurrence, and the street address or location of the public facility;
      3. c.  A concise statement of the matters asserted or charged; and,
      4. d.  A request that the addressee provide a written response to the City Administrator within 10 business days either disputing the occurrence of the violation or describing how the violation has been abated and how such violations will be prevented from reoccurring.
   2. The determination may be personally delivered to the person, or may be served by Registered or Certified Mail.  For purposes of this Subsection, service by registered or certified mail is complete and effective when a correctly addressed notice is deposited with the postal service after being either certified or registered by the postal service.
   3. 2.  If the person fails to provide a written response, or the written response fails to reasonably satisfy the City Administrator regarding the identified violations, the City Administrator may file a complaint with the Code Hearings Officer, as provided under Portland City Code Section 22.03.020, for violations of this Section 23.01.075, asking the Code Hearings Officer to impose civil penalties not to exceed $500 for each day such violation is committed or permitted to continue as provided in this Section.  Having made a determination to ask that the Code Hearings Officer to impose civil penalties as provided by this Section, the City Administrator will give the person written notice of the determination by causing notice to be served upon the person at their business or residence address.  Service of the notice will be accomplished by mailing the notice by regular mail or, at the option of the City Administrator, by personal service in the same manner as a summons served in an action at law.  Mailing of the notice by regular mail will be prima facie evidence of receipt of the notice.  Service of notice upon the person apparently in charge of a business during its hours of operation will constitute prima facie evidence of notice to the business owner.
   4. 3.  In determining the amount of the civil penalty to be imposed for violations of the provisions of this Chapter, the Code Hearings Officer will consider:
      1. a.  The extent and nature of the person’s involvement in the violation;
      2. b.  The harms, whether economic, financial or otherwise, that occurred or were suffered as a result of the violation;
      3. c.  Whether the violations were isolated or temporary, or repeated or continuous;
      4. d.  The magnitude and seriousness of the violation;
      5. e.  The City’s costs of investigating the violations and correcting or attempting to correct the violation; and,  
      6. f.  Any other applicable facts bearing on the nature and seriousness of the violation.

1. A.  Enforcement of all or any part of this Chapter will be governed by the procedures established in ORS Chapter 659A.  Rules adopted by the City Administrator pursuant to Section 23.01.090 of this Chapter may also be used to implement enforcement and administration of this Chapter.
2. B.  Any person claiming to be aggrieved by an unlawful employment practice under this Chapter may file a complaint with the Commissioner under procedures established in ORS 659A.820, and any person claiming to be aggrieved by an unlawful practice under this Chapter 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 659A.820.
3. C.  The Commissioner may then proceed and will have the same enforcement powers under this Chapter, and if the complaint is found to be justified the complainant will be entitled to the same remedies under ORS 659A.840 to 659A.860 as in the case of any other complaint filed under ORS 659A.820.
4. D.  Any order issued by the Commissioner under this Chapter will be viewed as one issued by a hearings officer employed by the City within the meaning of ORS 3.136(3) and will be fully enforceable by the City.
5. E.  Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this code will 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 will be handled as provided for in ORS 659A.870 and 659A.885.  The court may grant such relief as it deems appropriate, including, but not limited to, such relief as is provided in ORS 659A.885.

The City Administrator may adopt administrative rules as authorized by Charter.

1. This Chapter must be broadly construed, consistent with its remedial purpose.

1. If any part or provision of this Chapter, or application thereof to any person or circumstance, is held invalid, the remainder of this Chapter and the application of the provision or part thereof to other persons not similarly situated or to other circumstances will not be affected by it and will continue in full force and effect.  To this end, provisions of this Chapter are severable.