OAR 839-005-0031: Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion

(1) The following actions are not unlawful practices under ORS chapter 659A, including housing discrimination under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. §3601–3617): (a) Housing and the use of facilities. It is not an unlawful practice for a bona fide church or other religious institution to take any action with respect to housing or the use of facilities when: (A) The action taken is based on a bona fide religious belief about sexual orientation; and (B) The housing or the use of facilities involved is closely connected with or related to the primary purpose of the church or institution; and (C) The housing or the use of facilities involved is not connected with a commercial or business activity that has no necessary relationship to the church or institution. (b) Employment Preference. It is not an unlawful employment practice for a bona fide church or other religious institution, including but not limited to a school, hospital or church camp, to prefer an employee, or an applicant for employment, of one religious sect or persuasion over another if: (A) The employee or applicant belongs to the same religious sect or persuasion as the church or institution; and (B) In the opinion of the church or institution, the preference will best serve the purposes of the church or institution; and (C) The employment involved is closely connected with or related to the primary purposes of the church or institution; and (D) The employment involved is not connected with a commercial or business activity that has no necessary relationship to the church or institution. (c) Employment Actions. It is not an unlawful employment practice for a bona fide church or other religious institution to take any employment action based on a bona fide religious belief about sexual orientation when: (A) The employment position involved is directly related to the operation of the church or other place of worship, such as clergy, religious instructors and support staff; (B) The employment position involved is in a nonprofit religious school, nonprofit religious camp, nonprofit religious day care center, nonprofit religious thrift store, nonprofit religious bookstore, nonprofit religious radio station or nonprofit religious shelter; or (C) The employment position involves religious activities, as long as the employment position: (i) Is closely connected with or related to the primary purpose of the church or institution; and (ii) Is not connected with a commercial or business activity that has no necessary relationship to the church or institution. (d) Dress Code. An employer is not prohibited from enforcing an otherwise valid dress code or policy, as long as the employer provides, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of the individual. (2) 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.