2017 ORS 659.850¹
Discrimination in education prohibited
  • rules

(1) As used in this section, “discrimination” means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on race, color, religion, sex, sexual orientation, national origin, marital status, age or disability. “Discrimination” does not include enforcement of an otherwise valid dress code or policy, as long as the code or policy provides, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of the individual.

(2) A person may not be subjected to discrimination in any public elementary, secondary or community college education program or service, school or interschool activity or in any higher education program or service, school or interschool activity where the program, service, school or activity is financed in whole or in part by moneys appropriated by the Legislative Assembly.

(3) The State Board of Education and the Higher Education Coordinating Commission shall establish rules necessary to ensure compliance with subsection (2) of this section in the manner required by ORS chapter 183. [Formerly 659.150; 2007 c.100 §29; 2013 c.747 §182; 2013 c.768 §146]

(formerly 659.150)

Notes of Decisions

Order issued by Chancellor of Higher Educa­tion which found University of Oregon not in viola­tion of this sec­tion was inadequate where it did not indicate criteria to be used in determining discrimina­tion issue, so case had to be remanded for develop­ment of criteria to evaluate reasonableness of university’s ac­tions. Aiken v. Lieuallen, 39 Or App 779, 593 P2d 1243 (1979)

Legislative history of this sec­tion did not support chancellor’s determina­tion that three year compliance schedule of federal statute (Title IX) applied to this statute. Aiken v. Lieuallen, 39 Or App 779, 593 P2d 1243 (1979)

Reasonableness require­ment applies to disparate impact discrimina­tion. Montgomery v. Board of Educa­tion, 188 Or App 63, 71 P3d 94 (2003)

Prohibi­tion against religious discrimina­tion requires greater adjust­ments to accommodate per­son’s religious beliefs and practices than adjust­ments that could be re­quired to avoid discrimina­tion on nonreligious basis. Montgomery v. Board of Educa­tion, 188 Or App 63, 71 P3d 94 (2003)

School district can violate pro­hi­bi­­tion against subjecting per­son to discrimina­tion by permitting community organiza­tion to discriminate in school program, service or ac­tivity, regardless of whether school per­sonnel are involved. Powell v. Bunn, 341 Or 306, 142 P3d 1054 (2006)

Precipitating con­duct during school ac­tivity that may ripen into discrimina­tion at place and time outside of school program, service or ac­tivity is not discrimina­tion. Powell v. Bunn, 341 Or 306, 142 P3d 1054 (2006)

Cases under Title VII of federal Civil Rights Act do not provide guidance in determining need for reasonable accommoda­tion under this sec­tion. Nakashima v. Board of Educa­tion, 344 Or 497, 185 P3d 429 (2008)

For policy having disparate impact to be valid, challenged policy must clearly be reasonably necessary for existence or ad­min­is­tra­­tion of program or ac­tivity involved. Nakashima v. Board of Educa­tion, 344 Or 497, 185 P3d 429 (2008)

Atty. Gen. Opinions

Limiting married student housing to married students, (1976) Vol 37, p 1297

1 Legislative Counsel Committee, CHAPTER 659—Miscellaneous Prohibitions Relating to Employment and Discrimination, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors659.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 659, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano659.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.