659A.805 Rules
for carrying out ORS chapter 659A.
(1) In accordance with any applicable provision of ORS chapter 183, the
Commissioner of the Bureau of Labor and Industries may adopt reasonable rules:
(a) Establishing
what acts and communications constitute a notice, sign or advertisement that
public accommodation or real property will be refused, withheld from, or denied
to any person or that the person will be unlawfully discriminated against
because of race, color, religion, sex, sexual orientation, gender identity,
national origin, marital status, disability or:
(A) With respect
to public accommodation, age.
(B) With respect
to real property transactions, familial status or source of income.
(b) Establishing
what inquiries in connection with employment and prospective employment express
a limitation, specification or unlawful discrimination as to race, color,
religion, sex, sexual orientation, gender identity, national origin, marital
status, age or disability.
(c) Establishing
what inquiries in connection with employment and prospective employment
soliciting information as to race, color, religion, sex, sexual orientation,
gender identity, national origin, marital status, age or disability are based
on bona fide occupational qualifications.
(d) For internal
operation and practice and procedure before the commissioner under this
chapter.
(e) Covering any
other matter required to carry out the purposes of this chapter.
(2) In adopting
rules under this section the commissioner shall consider the following factors,
among others:
(a) The relevance
of information requested to job performance in connection with which it is
requested.
(b) Available
reasonable alternative ways of obtaining requested information without
soliciting responses as to race, color, religion, sex, sexual orientation,
gender identity, national origin, marital status, age, disability, source of
income or, with respect to real property transactions, familial status.
(c) Whether a
statement or inquiry soliciting information as to race, color, religion, sex,
sexual orientation, gender identity, national origin, marital status, age,
disability, source of income or, with respect to real property transactions,
familial status, communicates an idea independent of an intention to limit,
specify or unlawfully discriminate as to race, color, religion, sex, sexual
orientation, gender identity, national origin, marital status, age, disability,
source of income or, with respect to real property transactions, familial
status.
(d) Whether the
independent idea communicated is relevant to a legitimate objective of the kind
of transaction that it contemplates.
(e) The ease with
which the independent idea relating to a legitimate objective of the kind of
transaction contemplated could be communicated without connoting an intention
to unlawfully discriminate as to race, color, religion, sex, sexual
orientation, gender identity, national origin, marital status, age, disability,
source of income or, with respect to real property transactions, familial
status. [Formerly 659.103; 2003 c.521 §4; 2007 c.100 §10; 2007 c.903 §5a; 2021
c.367 §42]
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2002–2022 · leading case:
Frehoo, Inc. v. BOLI, 510 P.3d 888 (Or. Ct. App. 2022).
Frehoo, Inc. v. BOLI, 510 P.3d 888 (Or. Ct. App. 2022).
· cites it 2× “800 (authorizing BOLI to “take all steps necessary” to eliminate and prevent unlawful employ- ment practices); ORS 659A.805 (authorizing promulgation of reasonable rules required to carry out the purpose of ORS chapter 659A).”
Yeager v. Providence Health Sys. Oregon, 96 P.3d 862 (Or. Ct. App. 2004).
“2 That rule was adopted pursuant to ORS 659A.805(l)(e), which gives BOLI broad authority to adopt rules “ [c] overing any * * * matter required to carry out the purposes of this chapter.”
Kelley v. Washington Cnty., 463 P.3d 36 (Or. Ct. App. 2020).
“” OAR 839-006-0205(4); see also ORS 659A.805(1) (authorizing rules). “Whether a particu- lar job function is essential is evaluated on a case-by-case basis.”
Lansford v. Georgetown Manor, Inc., 84 P.3d 1105 (Or. Ct. App. 2004).
“The Bureau of Labor and Industries, as authorized by ORS 659A.805(1)(e), has promulgated rules to implement the statute.”
Evans v. Multnomah Cnty. Sheriff's Off., 57 P.3d 211 (Or. Ct. App. 2002).
“The Bureau of Labor and Industries, the agency authorized to promulgate rules to implement chapter 659A, ORS 659A.805(1)(e), further defines “substantial limitation” as it relates to employment as follows: “To be substantially limited in the major life activity of working, a…”
Clark v. Dsu Peterbilt & Gmc, Inc., 87 P.3d 1159 (Or. Ct. App. 2004).
“2 ORS 659A.805(1) authorizes the Bureau of Labor and Industries to promulgate administrative rules to implement the foregoing statute.”
— Or. Rev. Stat. § 659A.805(1) — 2 cases
Kelley v. Washington Cnty., 463 P.3d 36 (Or. Ct. App. 2020).
“” OAR 839-006-0205(4); see also ORS 659A.805(1) (authorizing rules). “Whether a particu- lar job function is essential is evaluated on a case-by-case basis.”
Clark v. Dsu Peterbilt & Gmc, Inc., 87 P.3d 1159 (Or. Ct. App. 2004).
“2 ORS 659A.805(1) authorizes the Bureau of Labor and Industries to promulgate administrative rules to implement the foregoing statute.”
— Or. Rev. Stat. § 659A.805(1)(e) — 3 cases
Lansford v. Georgetown Manor, Inc., 84 P.3d 1105 (Or. Ct. App. 2004).
“The Bureau of Labor and Industries, as authorized by ORS 659A.805(1)(e), has promulgated rules to implement the statute.”
Frehoo, Inc. v. BOLI, 510 P.3d 888 (Or. Ct. App. 2022).
“800 (authorizing BOLI to “take all steps necessary” to eliminate and prevent unlawful employ- ment practices); ORS 659A.805 (authorizing promulgation of reasonable rules required to carry out the purpose of ORS chapter 659A).”
Evans v. Multnomah Cnty. Sheriff's Off., 57 P.3d 211 (Or. Ct. App. 2002).
“The Bureau of Labor and Industries, the agency authorized to promulgate rules to implement chapter 659A, ORS 659A.805(1)(e), further defines “substantial limitation” as it relates to employment as follows: “To be substantially limited in the major life activity of working, a…”
— Or. Rev. Stat. § 659A.805(d) — 1 case
— Or. Rev. Stat. § 659A.805(l)(e) — 1 case
Yeager v. Providence Health Sys. Oregon, 96 P.3d 862 (Or. Ct. App. 2004).
“2 That rule was adopted pursuant to ORS 659A.805(l)(e), which gives BOLI broad authority to adopt rules “ [c] overing any * * * matter required to carry out the purposes of this chapter.”
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