CHAPTER 97
HUMAN RIGHTS (All
Salem Municipal Codes)
97.005. Policy
97.010. Definitions
97.020.
Unlawful Employment Practices
97.030. Repealed
97.040.
Unlawful Housing Practices
97.050. Repealed
97.060. Unlawful Public Accommodations Practices
97.070. Repealed
97.080. Intimidation
97.085. Exceptions
97.090.
Disregarding Court Orders
97.100. Severability
97.900.
Administration and Enforcement
97.910. Engaging in Reprisal or Retaliation
97.911. through 97.989. Reserved
for Expansion
97.990. Violations
97.005.
POLICY. It is the policy of the City of Salem to
eliminate discrimination based on race, religion, color,
sex, marital status, familial status, national origin, age,
mental or physical disability, sexual orientation, gender
identity and source of income. The City Council finds that
such discrimination poses a threat to the health, safety and
general welfare of the citizens of Salem and menaces the
institutions and foundation of our community. Furthermore,
the City Council finds that although the State of Oregon
generally prohibits discrimination in employment, housing,
and public accommodation on the basis of race, religion,
color, sex, marital status, familial status, national
origin, age, and disability, the State does not generally
prohibit such discrimination on the basis of sexual
orientation, gender identity, domestic partnership, or
source of income. It is the intent of the Council to
supplement the state protections against discrimination.
Furthermore, 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 shall
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. (Ord No. 36-2002)
97.010.
DEFINITIONS. As used in this chapter, except where
the context otherwise requires:
(a) “Age” means age 18 or older.
(b) “Agent” means any person (not an employee or
officer), who is an agent of a public body for purposes of
the Tort Claims Act, if that person meets the usual
“control” tests with respect to the manner of performance of
duties, or if that person performs a function or
responsibility of the City of Salem on behalf of the City. A
person is not an agent if he or she
merely performs a service without supervision or control for
the City and not on its behalf.
(c) “Domestic partnership” means a relationship
between two persons who meet either of the following
requirements: (1) have registered, certified or affirmed
their relationship with any appropriate, legally established
domestic partnership registry within any jurisdiction in the
United States, or with the State of Oregon’s Public
Employees Benefits Board; or
(2) are 18 years of age or older; are each unmarried; are
each other’s sole domestic partner and intend to remain so
indefinitely; are not related by blood closer than would bar
marriage in the State of Oregon; and are residing together,
share the common necessities of life and are responsible for
each other’s common welfare.
(d) "Employer" means any person, wherever situated,
who employs one or more employees within the city, or who
solicits individuals within the city to apply for
employment, whether privately or by general advertisement.
(e) “Gender identity” means a person’s actual or
perceived sex, including a person’s identity, appearance,
expression, or behavior with respect to actual or perceived
sex, whether or not that identity, appearance, expression or
behavior is different from that traditionally associated
with the person’s sex at birth.
(f) "Person" means an individual, partnership,
association, organization, corporation, board, commission,
or other organized and identifiable group. “Person” includes
a public body as that term is defined by ORS 30.260(4) other
than the State of Oregon or a county.
(g) “Registered volunteer” is a person who donates
labor or services to the City under the supervision of an
employee of the City of Salem and performs a function or
responsibility of the City on behalf of the City.
(h) “Sexual orientation” means actual or perceived
heterosexuality, homosexuality, or
bisexuality.
(i) “Source of income” refers to the means by which a
person supports himself or herself and any 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.
(j) "Vocational school" means any person who trains and
teaches individuals to engage in any trade, business, or
vocational pursuit.
(k) Any term used but not defined in Chapter 97 shall be
interpreted consistently with\ definitions provided in
Oregon Revised Statutes, Chapter 659A (2001). (Ord No.
60-72; Ord No. 59-75; Ord No. 239-78; Ord No. 93-90; Ord No.
46-96; Ord No. 36-2002)
97.020.
UNLAWFUL EMPLOYMENT PRACTICES. It shall be an
unlawful employment practice:
(a) For any employer to discriminate on the basis of an
individual’s race, religion, color, sex, national origin,
marital status, age, disability, sexual orientation, gender
identity, source of income, domestic partnership or familial
status, by committing against any such individual any of the
acts made unlawful under ORS 659A.006(2), 659A.030, 659A.100
to 659A.139, 659A.142(1) or 659A.142(2); and
(b) For any vocational school to discriminate because of
race, religion, color, sex, national origin, marital status,
age, disability, sexual orientation, gender identity, source
of income, domestic partnership or familial status, against
any individual in its admission or other operating
procedures and practices relating to students or prospective
students. (Ord No. 60-72; Ord No. 239-78; Ord No. 36-2002)
97.030.
Repealed. (Ord No. 60-72;Ord No. 239-78; Ord No.
36-2002)
97.040.
UNLAWFUL HOUSING PRACTICES. It shall be unlawful
housing practice for a person to discriminate in selling,
renting, or leasing real property on the basis of an
individual’s race, religion, color, sex, national origin,
marital status, age, disability, sexual orientation, gender
identity, source of income, domestic partnership or familial
status, by committing against any such individual any of the
acts made unlawful under ORS 659A.145 or 659A.421. (Ord No.
60-72;Ord No. 239-78; Ord No. 36-2002)
97.050.
Repealed. (Ord No. 60-72;Ord No. 239-78; Ord No.
93-90; Ord No. 36-2002)
97.060. UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICES. It
shall be an unlawful public accommodations practice for a
person to discriminate on the basis of an individual’s race,
religion, color, sex, national origin, marital status, age,
disability, sexual orientation, gender identity,
source of income, domestic partnership or familial status,
by committing against any such individual any of the acts
made unlawful under ORS 659A.142(3) or ORS 659A.400 to
659A.409. (Ord No. 60-72;Ord No. 239-78; Ord No. 36-2002)
97.070.
Repealed. (Ord No. 16-90; Ord No. 36-2002)
97.080.
INTIMIDATION. It shall be unlawful for any person to
commit any of the following acts:
(a) Tamper or interfere with property, with the intent to
cause substantial inconvenience to another, because of the
person's perception of the other's race, color, religion,
national origin, familial status, age, marital status,
domestic partnership, disability, sexual orientation, gender
identity or source of income.
(b) Intentionally, knowingly or recklessly subject another
to offensive physical contact because of the person's
perception of the other's race, color, religion, national
origin, familial status, age, marital status, domestic
partnership, disability, sexual orientation, gender identity
or source of income.
(c) Intentionally, knowingly or recklessly publicly insult
another by abusive words or gestures in a manner likely to
provoke a violent response because of the person's
perception of the other's race, color, religion, national
origin, familial status, age, marital status, domestic
partnership, disability, sexual orientation, gender identity
or source of income.
(d) Intentionally, knowingly or recklessly, because of the
persons's perception of race, color, religion, national
origin, familial status, age, marital status, domestic
partnership, disability, sexual orientation, gender identity
or source of income, subject another to alarm by
threatening:
(1) To inflict physical injury upon or commit a crime
affecting that other person, or member of that other
person's family.
(2) To cause damage to the property of that other person or
member of that other person's family.
(e) Willfully violate a court order issued under SRC 97.090,
or of an order issued by any court of competent jurisdiction
under an equivalent statute or ordinance.
For the purposes of SRC 97.080, “property” means any
tangible personal property or real property. (Ord No. 16-90;
Ord No. 36-2002)
97.085.
EXCEPTIONS. (a) The prohibitions in this Chapter
against discriminating on the basis of sexual orientation
and gender identity do not apply:
(1) 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;
(2) To the leasing or renting of dwellings with not more
than two individual living units where one of the units is
owner occupied;
(3) To the leasing or renting of space within a church,
temple, synagogue, religious school, or other facility used
primarily for religious purposes.
(b) The prohibitions in this Chapter against discriminating
on the basis of source of income do not prohibit:
(1) Inquiry into and verification of a source or amount of
income;
(2) Inquiry into, evaluation of, and decisions based on
the amount, stability, security or creditworthiness of any
source of income;
(3) Screening prospective purchasers and tenants on bases
not specifically prohibited by this chapter or by state or
federal law.
(4) Refusal to contract with a governmental agency under 42
U.S.C. §1437f(a) ”Section 8.”
(c) The prohibitions in this Chapter against discriminating
on the basis of gender identity do not prohibit:
(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) 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.
The exceptions in paragraphs (1) and (2) of this subsection
do not excuse a failure to provide reasonable and
appropriate accommodations permitting all persons access to
restrooms consistent with their expressed gender.
(d) The prohibitions in section 97.040 against
discriminating on the basis of age do not apply to housing
for older persons, as defined in ORS 659A.421(7)(b) and (c).
(e) The prohibitions in section 97.060 against
discriminating on the basis of age or familial status do not
apply to the use of special rates or services or to the
promotion of business through the issuance of special rates
for families with children, or persons 55 years of age or
older.
(f) The prohibitions contained in Chapter 97 shall not
mandate or otherwise affect the scope or content of medical
insurance or other forms of medical or health benefits
provided by employers. (Ord No. 36-2002)
97.090.
DISREGARDING COURT ORDERS. (a) When any person is
charged with violating SRC 97.080 is released from custody
before trial by bail or personal recognizance, the Salem
Municipal Court judge authorizing the release shall require
that the person:
(1) Stay at least one hundred yards away from the home,
school, business or place of employment of the victim or
victims of the alleged offense or other location, as shall
be specifically named by the court in the order.
(2) Refrain from contacting, intimidating, threatening, or
otherwise interfering with the victim or victims of the
alleged offense and such other persons, including but not
limited to members of the family or household of the victim,
as shall be specifically named by the court in the order.
(3) The court shall determine the necessity for imposing a
no-contact order or other conditions of pre-trial release.
The Salem Police Department and Salem Municipal Court may
enforce this section as it relates to orders restricting the
defendant's ability to have contact with the victims or
others.
(b) The victim shall be informed by local law enforcement
agencies or the prosecuting attorney of the final
disposition of the case in which the victim is involved. If
a defendant is found guilty of a crime of intimidation and a
condition of the sentence restricts the defendant's ability
to have contact with the victim or witnesses, the condition
shall be recorded and a written certified copy of that order
shall be provided to the victim or witnesses by the clerk of
the court. The written order shall contain the court's
directives and shall bear the legend:
Violation of this order is criminal offense under SRC 97.080
and will subject a violator to arrest.
(Ord No. 16-90; Ord No. 36-2002)
97.100.
SEVERABILITY. If any section, portion, clause or
phrase of SRC Chapter 97 is held to be invalid or
unconstitutional, the remaining sections, portions, clauses
and phrases shall not be affected but shall remain in full
force and effect.(Ord No. 16-90; Ord No. 36-2002)
97.110 to 97.899. Reserved for
Expansion.
97.900.
ADMINISTRATION AND ENFORCEMENT. (a) The provisions
of this chapter shall be administered and enforced as
provided in SRC 8.050 to 8.190, except as otherwise provided
in this section.
(b) Nothing in this section shall be construed as barring or
preventing direct prosecution of a criminal violation of
this chapter, or as requiring that a criminal violation be
investigated or heard before the Human Rights and Relations
Advisory Commission
(Commission), as provided in SRC 8.050 to 8.190.
(c) Claims against City.
(1) Any person who claims discrimination by the City in
violation of this Chapter may file a complaint with the
Commission under SRC Chapter 8 only after exhausting all
other administrative remedies provided by the City pursuant
to contract, rule, or policy. If a claim is filed prior to
exhaustion of available City administrative remedies, the
Commission shall inform
the person of those remedies and forward the complaint to
the appropriate City official to address it.
(2) Any claim against the City filed with the Commission by
a City employee, registered volunteer or agent shall be
subject to the additional requirements of subsection (d) of
this section.
(3) If the Commission takes action under SRC 8.060 (a) to
(c) based on a claim alleging discrimination against the
City and an informal resolution is not thereby achieved, the
Commission shall refer the complaint to the Community
Services Director for a determination whether the complaint
should be forwarded to the Bureau of Labor and Industries,
which shall act as the City’s enforcement agent.
(d) Claims by City employees, registered volunteers, or
agents against City.
(1) Any employee, registered volunteer, or agent of the City
who claims discrimination by the City in violation of this
Chapter may file a complaint with the Commission under SRC
Chapter 8. Such complaint may be filed only after all
applicable internal grievance processes have been followed
and completed. If the complaining party files a complaint
upon the completion of those internal processes, the
Commission’s actions shall be limited to subsections
(a) through (c) of SRC 8.060, subject to the conditions in
paragraphs 2 through 5 below.
(2) The Commission shall take no action on the complaint if
the party:
(A) has proceeded to arbitration pursuant to a
collective bargaining agreement between a labor organization
and the City;
(B) has filed with the Bureau of Labor and Industries (“BOLI”)
a claim under ORS Chapter 659A concerning the same event or
set of circumstances that form the basis of the claim under
this Section, and BOLI has accepted jurisdiction on that
claim; or
(C) has filed a civil complaint in state or federal court
against the City or any of its employees, agents or
registered volunteers based on the same event or set of
circumstances that form the basis of the claim under this
Section.
(3) The Commission shall take action on the complaint as
provided in SRC 8.060(a) to (c) if the party has not taken
any of the steps listed in paragraph (2) of this subsection,
or if BOLI or the court has dismissed the claim on
procedural grounds.
(4) The Commission shall stay its action on the complaint
if, subsequent to the filing of the complaint, the
complaining party files a BOLI claim or civil complaint
based on the same event or circumstances that form the basis
of the claim under this Section. It shall resume its action
if the BOLI claim or civil complaint is dismissed on
procedural grounds.
(5) The Commission shall dismiss the complaint if,
subsequent to the filing of the complaint, the complaining
party files a BOLI claim or civil complaint based on the
same event or circumstances that form the basis of the claim
under this Section, and that claim proceeds to a final
order, other than a dismissal on procedural grounds.
(e) Private cause of action.
(1) Any person who claims to be aggrieved by an unlawful
discriminatory act listed below shall have a cause of action
in any court of competent jurisdiction:
(A) An unlawful employment practice based on sexual
orientation, gender identity, source of income, familial
status, or domestic partnership;
(B) An unlawful housing practice based on sexual
orientation, gender identity, or domestic partnership; or
(C) An unlawful public accommodations practice based on
sexual orientation, gender identity, source of income,
domestic partnership or familial status.
(2) A cause of action filed pursuant to this subsection
shall be subject to the following limitations:
(A) The civil action must be commenced within one year after
the occurrence of the unlawful practice, or within 90 days
after the close of the last administrative action, whichever
is later.
(B) The court may order any injunctive relief and such other
equitable relief as may be appropriate, and compensatory and
punitive damages.
(C) The court may allow the prevailing party costs and
reasonable attorney fees at trial and on appeal.
(D) In any action under section 97.020, the court may order
reinstatement or hiring of employees with or without back
pay, subject to the time limitations provided in ORS
659A.885(1).
(f) If a complaint is filed with the Commission alleging
discrimination based on a claim not listed in subparagraphs
(e)(1)(A)-(C) of this section, then notwithstanding SRC
8.050 to 8.190, the Commission shall not refer a complaint
to the city attorney’s office. Instead, if the Commission is
unable to resolve such a complaint, the complaint shall be
referred to the appropriate state agency. (Ord No. 60-72;
Ord No. 36-2002)
97.910. ENGAGING IN REPRISAL OR RETALIATION. (a) It
shall be unlawful for any person to in any manner
discriminate against, penalize, or harass as defined by ORS
166.065, any person who has been a witness for, filed a
complaint with, or otherwise participated in any matter
before the commission concerning an alleged violation of the
provisions of this chapter.
(b) It shall not be a defense to prosecution for violation
of this section that the matter before the commission has
not yet proceeded to final determination before the
commission, or that the matter has been dismissed by the
commission, or that a criminal or infraction complaint has
been dismissed or the defendant or respondent found not
guilty or not responsible by any court having jurisdiction
thereof. (Ord No. 60-72; Ord No. 61-93)
97.911 to
97.989. Reserved for Expansion.
97.990.
VIOLATIONS. Knowing and willful violation of SRC
97.010 to 97.890 is an infraction; save and except that
violation of SRC 97.080 is a misdemeanor. (Ord No. 60-72;Ord
No. 193-79;Ord No. 16-90)