Current through Register Vol. 63, No. 12, December 1, 2024
(1) The Authority shall not, either
directly or through another entity, discriminate against any
individual, or harass, exclude from participation, or deny the
benefit of programs, services or activities because the individual
belongs to a protected class.
(2) The Authority shall not
discriminate against an individual in the granting of licenses and
certificates because the individual is part of a protected class.
(3) The Authority shall
not apply criteria, standards, or practices that screen out or tend
to screen out individuals in a protected class from fully and equally
enjoying any goods, programs, services, or activities unless:
(a) The criteria can be shown to be
necessary for providing those goods, programs, services or
activities; or
(b) The
Authority determines the screening or exclusion identifies a direct
threat to the health or safety of others.
(4) The Authority shall provide
programs, services, and activities in the most integrated setting
possible to meet the needs of individuals within the context of the
program, service, or activity.
(5) The Authority shall not require
an individual to participate in programs, services, or activities
that are separate or different, despite the existence of permissibly
separate or different programs or activities.
(6) The Authority shall ensure each
program, service, or activity, including public meetings, hearings
and events, are usable by all individuals. This includes respecting
the individual's dignity by providing individuals with disabilities
the ability to safely approach, enter, operate, and participate in
the program, service, or activity with or without reasonable
modifications.
(7) The
Authority shall ensure each program, service, or activity provides
individuals with the opportunity to access translation, oral and sign
language interpreters, auxiliary aids or services and other
alternative methods of communications, including help for non-English
speaking individuals and limited English proficiency (LEP) persons.
(8) The Authority shall
take appropriate steps to ensure that communications with applicants,
participants, and members of the public with disabilities are as
effective as communications with others.
(9) The Authority shall not deny
individuals the opportunity to participate on planning or advisory
boards based on the individual's protected class.
(10) The Authority shall not
discriminate against individuals due to their relationship or
association with one or more individuals in a protected
class.
(11) The Authority
shall not retaliate against any individual filing a report of
discrimination or harassment.
(12) The Authority shall comply
with the following statutes and regulations:
(a) Title VI of the Civil Rights
Act of 1964 prohibiting discrimination in the delivery of services
based on race, color or national origin (42 USC ¦2000d), and
the United States Department of Justice (DOJ) implementing
regulations at 28 C.F.R. Part 42, Subpart C.
(b) The Omnibus Crime Control and
Safe Streets Act of 1968, prohibiting discrimination in the delivery
of services based on race, color, national origin, religion, or sex
(42 U.S.C. ¦ 3789d(c) (1)), and the DOJ implementing
regulations at 28 C.F.R. Part 42, Subpart D.
(c) Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons at
67 Fed. Reg. 41455 (June 18, 2002), addressing the obligation of
recipients to take reasonable steps to provide meaningful access to
funded programs and activities to those persons who may be limited
English proficient (LEP), pursuant to Title VI and the Safe Streets
Act.
(d) Section 504 of
the Rehabilitation Act of 1973, prohibiting discrimination in the
delivery of services based on disability (29 U.S.C. ¦ 794),
and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart G.
(e) Title II of the
Americans with Disabilities Act of 1990 (as amended), prohibiting
discrimination in the delivery of services based on disability (42
U.S.C. ¦ 12132), and the DOJ implementing regulations at 28
C.F.R. Part 35 .
(f)
Title III of the Americans with Disabilities Act of 1990 (as
amended), prohibiting discrimination in places of public
accommodation based on disability (42 U.S.C. ¦ 12182), and the
DOJ implementing regulations at 28 C.F.R. Part 36 .
(g) Title IX of the Education
Amendments of 1972, prohibiting discrimination in educational
services based on sex (20 U.S.C. ¦ 1681), and the DOJ
implementing regulations at 28 C.F.R. Part 54 .
(h) The Age Discrimination Act of
1975, prohibiting discrimination in the delivery of services based on
age (42 U.S.C. ¦ 6102), and the DOJ implementing regulations
at 28 C.F.R. Part 42, Subpart I.
(i) Executive Order 13279 and the
DOJ regulations on the Equal Treatment for Faith-Based Organizations,
prohibiting discrimination in the delivery of services based on
religion and prohibiting the use of federal funding for inherently
religious activities ( 28 C.F.R. Part 38(i)).
(j) Section 1557 of the Patient
Protection and Affordable Care Act of 2010, prohibiting
discrimination in the delivery of services in health care programs or
activities based on race, color, national origin, sex, sex
stereotypes, gender identity, age or disability.
(k) Oregon Revised Statute
659A.403, prohibiting
discrimination in places of public accommodation based on race,
color, religion, sex, sexual orientation, national origin, marital
status or age if the individual is 18 years of age or older.
(l) Oregon Revised
Statute 659A.103, prohibiting
discrimination on the basis of disability.
(m) All other applicable state or
federal laws.
Stat. Auth.: ORS
413.042
Stats. Implemented: ORS
413.042
