74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 3539
 
LC 3806/HB 3539-5
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3539
 
           By COMMITTEE ON ELECTIONS, ETHICS AND RULES
 
                             June 4
 
  In line 2 of the printed bill, after 'practices' insert ';
creating new provisions; and amending ORS 342.650'.
  Delete lines 5 through 21 and insert:
  '  { +  SECTION 2. + }  { + (1) An employer violates ORS
659A.030 if:
  ' (a) The employer does not allow an employee to use vacation
leave, or other leave available to the employee, for the purpose
of allowing the employee to engage in the religious observance or
practices of the employee; and
  ' (b) Accommodating use of the leave by the employee will not
impose an undue hardship on the operation of the business of the
employer as described in subsection (4) of this section.
  ' (2) Subsection (1) of this section applies only to leave that
is not restricted as to the manner in which the leave may be used
and that the employer allows the employee to take by adjusting or
altering the work schedule or assignment of the employee.
  ' (3) An employer violates ORS 659A.030 if:
  ' (a) The employer imposes an occupational requirement that
restricts the ability of an employee to wear religious clothing,
to take time off for a holy day or to take time off to
participate in a religious observance or practice;
  ' (b) Accommodating those activities does not impose an undue
hardship on the operation of the business of the employer as
described in subsection (4) of this section; and
  ' (c) The activities have only a temporary or tangential impact
on the employee's ability to perform the essential functions of
the employee's job.
  ' (4) An accommodation imposes an undue hardship on the
operation of the business of the employer for the purposes of
this section if the accommodation requires significant difficulty
or expense. For the purpose of determining whether an
accommodation requires significant difficulty or expense, the
following factors shall be considered:
  ' (a) The nature and the cost of the accommodation needed.
  ' (b) The overall financial resources of the facility or
facilities involved in the provision of the accommodation, the
number of persons employed at the facility and the effect on
expenses and resources or other impacts on the operation of the
facility caused by the accommodation.
  ' (c) The overall financial resources of the employer, the
overall size of the business of the employer with respect to the
number of persons employed by the employer and the number, type
and location of the employer's facilities.
  ' (d) The type of business operations conducted by the
employer, including the composition, structure and functions of
the workforce of the employer and the geographic separateness and
administrative or fiscal relationship of the facility or
facilities of the employer.
  ' (e) The safety and health requirements in a facility,
including requirements for the safety of other employees and any
other person whose safety may be adversely impacted by the
requested accommodation. + } ' .
  After line 23, insert:
  '  { +  SECTION 4. + } ORS 342.650 is amended to read:
  ' 342.650. No teacher in any public school shall wear any
religious dress while engaged in the performance of duties as a
teacher.  { + A school district, education service district or
public charter school does not commit an unlawful employment
practice under ORS chapter 659A by reason of prohibiting a
teacher from wearing religious dress while engaged in the
performance of duties as a teacher. + } ' .
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