Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 659A.805

Rules for carrying out ORS chapter 659A

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      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 6 cases (1 in the last 5 years), 2002–2022 · leading case: Frehoo, Inc. v. BOLI
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Frehoo, Inc. v. BOLI (2022) orctapp · 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 System Oregon (2004) orctapp “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 County (2020) orctapp “” 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. (2004) orctapp “The Bureau of Labor and Industries, as authorized by ORS 659A.805(1)(e), has promulgated rules to implement the statute.”
Evans v. Multnomah County Sheriff's Office (2002) orctapp “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. (2004) orctapp “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 County (2020) orctapp “” 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. (2004) orctapp “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. (2004) orctapp “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 (2022) orctapp “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 County Sheriff's Office (2002) orctapp “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(l)(e) — 1 case
Yeager v. Providence Health System Oregon (2004) orctapp “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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