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Portland, Oregon Bars Discrimination Against Atheists, Agnostics

04/04/19

Author: ADP Admin/Monday, April 1, 2019/Categories: Compliance Corner , State Compliance Update, Oregon

Overview:  An amendment to the civil rights code of Portland, Oregon, extends protections against discrimination in employment, housing, and public accommodations to atheists, agnostics, and other “non-believers.” Religious facilities are expressly exempt.

Effective Date: March 29, 2019

Details:

The Portland City Code, chapter 23.01, already prohibits discrimination on the basis of race, religion, gender, and national origin. The amendment, unanimously approved by the Portland City Council, took effect on March 29, 2019.

The new ordinance amends Portland’s civil rights ordinances to include “non-religion” as a protected class. It also broadens the definition of “religion” used in the City Code, clarifying that it “expressly includes non-religion, such as atheism, agnosticism, and non-belief in God or gods as has been recognized by the courts.”

After the new ordinance goes into effect, employees who suffer discrimination on the basis of non-religion may sue their employer or lodge a complaint with the Oregon Bureau of Labor and Industries.

Employers in Portland, as well as employers with employees who work within the city, must comply with the new ordinance.

Portland is the second city in the nation, after Madison, Wisconsin, to designate non-believers as a protected class.

Action Required:  Employers in Portland should ensure compliance by updating their workplace procedures and policies, as well as their employee handbooks, and train management and employees on the procedures and policies.

Please contact your dedicated service professional with any questions. 

* Produced in Partnership with Jackson Lewis P.C.


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