Purpose
The City of Portland is an equal employment opportunity employer and is committed to an active affirmative action and diversity program. The City will continue to recruit, hire, train, and promote into all job levels without regard to race (including traits historically associated or perceived to be associated with race, such as hair texture and protective hairstyles (e.g., afros, braids, locks and twists), religion, gender, marital status, familial status, national origin or ancestry, age, mental or physical disability (including the use of a trained dog guide or service animal), sexual orientation, gender identity and expression, pregnancy (including an employee’s potential to get pregnant, pregnancy-related conditions and childbearing), source of income, military status or status as an honorably discharged veteran, HIV/AIDS or hepatitis C status, status as an actual or perceived victim of domestic violence, sexual assault or stalking, or based on genetic information. The City also prohibits unlawful discrimination on the basis of citizenship or immigration status. It is the policy of the City to ensure:
- Equal opportunity to all employees and candidates;
- That employees be selected and promoted based on merit and without discrimination;
- Reasonable accommodations are provided to qualified employees and applicants that require them.
Elected officials and all employees of the City of Portland, management and supervisory staff in particular, shall ensure that the intent and the stated requirements of this rule are implemented in all employee relations and personnel practices. It is the responsibility of every employee to ensure that the work environment is free of any practice of discrimination or harassment. The City Affirmative Action Officer is responsible for implementation of the affirmative action program. Additionally, contractors doing business with the City of Portland are required to assure that equal employment opportunity be offered by their organization(s), and that they comply with appropriate sections of this policy and with applicable state and federal regulations. The provisions for external affirmative action measures are contained in City Code.
Accommodations
Any accommodations made in accordance with the American Disabilities Act must be in writing.
Special Provisions Relative to Age
Equal employment opportunity as to age applies to persons who are age 18 or older. State law forbids employment discrimination on the basis of age. It is unlawful to fail or refuse to hire or to discharge an individual or otherwise discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual’s age.
Special Provisions Relative to Disability
Equal employment opportunity for persons with disabling conditions includes making a reasonable accommodation to known disabilities of a qualified disabled applicant or employee who would be able to perform the essential duties of the job if such accommodation is made.
Bona Fide Occupational Qualifications
Age, gender or physical requirements may be considered if they constitute a bona fide occupational qualification necessary for performance of the essential duties of the job.
Physical capacity requirements relating to minimum standards for employment may be a reasonable selection factor. However, such standards must be reasonably necessary for the specific work to be performed and uniformly applied to all applicants for the particular job category, regardless of age or sex.
Complaint Procedure
The City of Portland has an internal complaint procedure designed to address and resolve complaints of discrimination, including retaliation and harassment. See the Administrative Rule on Prohibition Against Workplace Harassment, Discrimination and Retaliation. Individual bureaus may have work rules and complaint procedures specific to their work places. The City will take appropriate action to prevent discrimination, including retaliation and harassment, and to ensure that the rights of employees who file complaints are respected, whether the complaint is filed through the internal complaint procedure, a grievance, or with a local, state, or federal agency, or court.
Contact Information
Any person having questions about this rule or the City's Diversity Development/Affirmative Action program should contact the City Affirmative Action Officer in the Bureau of Human Resources.
References
41 CFR §60-1.4; §60-2.13(a); §60-2.20; City Code Chapter 23
History
Adopted by Council March 6, 2002, Ordinance No. 176302
Effective April 5, 2002
Revised December 4, 2013
Interim rule revision June 6, 2022
Revised by Council June 14, 2023, Ordinance No. 191325