74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3806
 
                         House Bill 3539
 
Sponsored by Representatives HUNT, ROBLAN; Representatives BEYER,
  BOONE, CANNON, CLEM, D EDWARDS, GELSER, KOTEK, READ, RILEY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires employer to provide reasonable accommodation to
religious observance or practices of employee unless providing
accommodation would impose undue hardship on employer. Requires
employer to permit employee to use certain leave as accommodation
to religious observance or practices of employee. Prohibits
occupational requirement that restricts ability of employee to
wear religious clothing, to take time off for holy day or to
participate in religious observance or practice if activities
have only temporary or tangential impact on employee's ability to
perform job functions.
 
                        A BILL FOR AN ACT
Relating to unlawful employment practices.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 659A. + }
  SECTION 2.  { + (1) An employer that fails to provide
reasonable accommodation to the religious observance or practices
of an employee violates ORS 659A.030 unless providing the
accommodation would impose an undue hardship on the employer. An
accommodation is reasonable for the purposes of this subsection
if the accommodation removes the conflict between the
requirements of the job and the religious observance or practices
of the employee.
  (2) An employer violates ORS 659A.030 if the employer does not
allow an employee to use vacation leave, or other leave available
to the employee, as an accommodation to the religious observance
or practices of the employee. This subsection 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 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 participate in a religious observance or practice if
those activities have only a temporary or tangential impact on
the employee's ability to perform the functions of the employee's
job. + }
 
  SECTION 3.  { + Section 2 of this 2007 Act applies only to
conduct that occurs on or after the effective date of this 2007
Act. + }
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