75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1619
 
                         Senate Bill 786
 
Sponsored by Senator NELSON, Representative HUNT; Senators
  DEVLIN, KRUSE, MONNES ANDERSON, STARR, Representatives BERGER,
  BOONE, BRUUN, CANNON, C EDWARDS, D EDWARDS, GELSER, GILMAN,
  READ, ROBLAN, WHISNANT
 
 
                             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.
  Specifies that school district, education service district or
public charter school does not commit unlawful employment
practice by reason of prohibiting teacher from wearing religious
dress while engaged in performance of duties as teacher.
 
                        A BILL FOR AN ACT
Relating to unlawful religious discrimination in employment
  practices; creating new provisions; and amending ORS 342.650.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 659A. + }
  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. + }
  SECTION 3.  { + Section 2 of this 2009 Act applies only to
conduct that occurs on or after the effective date of this 2009
Act. + }
  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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