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 3336
 
                         Senate Bill 628
 
Sponsored by Senator WALKER
 
 
                             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.
 
  Prohibits discrimination against individual because of
individual's arrest record.
 
                        A BILL FOR AN ACT
Relating to discrimination based on arrest record; amending ORS
  659A.030.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 659A.030 is amended to read:
  659A.030. (1) It is an unlawful employment practice:
  (a) For an employer, because of an individual's race, religion,
color, sex, national origin, marital status or age if the
individual is 18 years of age or older or because of the race,
religion, color, sex, national origin, marital status or age of
any other person with whom the individual associates, or because
of  { + an arrest record, or + } a juvenile record  { - , - }
that has been expunged pursuant to ORS 419A.260 and 419A.262, of
any individual, to refuse to hire or employ or to bar or
discharge from employment
  { - such - }   { + the + } individual. However, discrimination
is not an unlawful employment practice if   { - such - }
 { + the + } discrimination results from a bona fide occupational
requirement reasonably necessary to the normal operation of the
employer's business.
  (b) For an employer, because of an individual's race, religion,
color, sex, national origin, marital status or age if the
individual is 18 years of age or older, or because of the race,
religion, color, sex, national origin, marital status or age of
any other person with whom the individual associates, or because
of  { + an arrest record, or + } a juvenile record  { - , - }
that has been expunged pursuant to ORS 419A.260 and 419A.262, of
any individual, to discriminate against   { - such - }
 { + the + } individual in compensation or in terms, conditions
or privileges of employment.
  (c) For a labor organization, because of an individual's race,
religion, color, sex, national origin, marital status or age if
the individual is 18 years of age or older { + , + } or because
of  { + an arrest record, or + } a juvenile record  { - , - }
that has been expunged pursuant to ORS 419A.260 and 419A.262, of
any individual to exclude or to expel from its membership
 { - such - }   { + the + } individual or to discriminate in any
 
way against any   { - such - }   { + the + } individual or any
other person.
  (d) For any employer or employment agency to print or circulate
or cause to be printed or circulated any statement, advertisement
or publication, or to use any form of application for employment
or to make any inquiry in connection with prospective employment
 { - which - }   { + that + } expresses directly or indirectly
any limitation, specification or discrimination as to an
individual's race, religion, color, sex, national origin, marital
status or age if the individual is 18 years of age or older or on
the basis of  { + an arrest record or + } an expunged juvenile
record, or any intent to make any such limitation, specification
or discrimination, unless based upon a bona fide occupational
qualification. But identifying employees according to race,
religion, color, sex, national origin, marital status, or age
does not violate this section unless the Commissioner of the
Bureau of Labor and Industries, after a hearing conducted
pursuant to ORS 659A.805, determines that such a designation
expresses an intent to limit, specify or discriminate on the
basis of race, religion, color, sex, national origin, marital
status or age.
  (e) For an employment agency to classify or refer for
employment, or to fail or refuse to refer for employment, or
otherwise to discriminate against any individual:
  (A) On the basis of the individual's race, color, national
origin, sex, religion, marital status or age, if the individual
is 18 years of age or older;
  (B) Because of the race, color, national origin, sex, religion,
marital status or age of any other person with whom the
individual associates; or
  (C) Because of  { + an arrest record or + } a juvenile record
 { - , - }  that has been expunged pursuant to ORS 419A.260 and
419A.262.
 
However, it is not an unlawful employment practice for an
employment agency to classify or refer for employment any
individual   { - where such - }   { + when the + } classification
or referral results from a bona fide occupational requirement
reasonably necessary to the normal operation of the employer's
business.
  (f) For any person to discharge, expel or otherwise
discriminate against any other person because that other person
has opposed any unlawful practice, or because that other person
has filed a complaint, testified or assisted in any proceeding
under this chapter or has attempted to do so.
  (g) For any person, whether an employer or an employee, to aid,
abet, incite, compel or coerce the doing of any of the acts
forbidden under this chapter or to attempt to do so.
  (2) The provisions of this section apply to an apprentice under
ORS 660.002 to 660.210, but the selection of an apprentice on the
basis of the ability to complete the required apprenticeship
training before attaining the age of 70 years is not an unlawful
employment practice. The commissioner shall administer this
section with respect to apprentices under ORS 660.002 to 660.210
equally with regard to all employees and labor organizations.
  (3) The compulsory retirement of employees required by law at
any age is not an unlawful employment practice if lawful under
federal law.
  (4)(a) It is not an unlawful employment practice for an
employer or labor organization to provide or make financial
provision for child care services of a custodial or other nature
to its employees or members who are responsible for a minor
child.
  (b) As used in this subsection, 'responsible for a minor child'
means having custody or legal guardianship of a minor child or
acting in loco parentis to the child.
                         ----------