Or. Admin. R. 839-005-0021

Current through Register Vol. 63, No. 6, June 1, 2024

Section 839-005-0021 - Discrimination Based on Sex

(1) Employers are not required to treat all employees exactly the same, but are prohibited from using sex as the basis for employment decisions with regard to hiring, promotion or discharge; or in terms, conditions or privileges of employment such as benefits and compensation.

(2) Discrimination because of sex includes sexual harassment, discrimination based on pregnancy, childbirth and medical conditions and occurrences related to pregnancy and childbirth.

(3) In very rare instances, sex may be a bona fide occupational qualification (BFOQ), as defined in OAR 839-005-0013.

Or. Admin. R. 839-005-0021

BLI 19-2000, f. & cert. ef. 9-15-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 35-2007, f. 12-27-07 cert. ef. 1-1-08; BLI 8-2010, f. & cert. ef. 2-24-10; BLI 11-2015, f. & cert. ef. 8/4/2015

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS 659A.029 & 659A.030