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Gender Identity Protection Under Salem Municipal Codes

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The Salem Transgender Network (www.salemtg.net) provides social activities, peer support and referrals to transgender friendly professionals and businesses in the Salem, Oregon area.


The City of Salem is a good place to live if you're transgendered. Read the following to know your rights.

Salem, OR, Passed in 2002
Salem Municipal Code, Title VIII, Chapter 97, Human Rights
97.010. DEFINITIONS. As used in this chapter, except where the context otherwise requires:
(e) “Gender identity” means a person’s actual or perceived sex, including a person’s identity, appearance, expression, or behavior with respect to actual or perceived sex, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person’s sex at birth.

Other Oregon Laws Provide Protections Based on Gender Identity:

Benton County, OR, Passed in 1998 Amending the Anti-Discrimination Chapter of the Benton County Code
Ordinance No. 98-0139 Section 3 Definitions, "Gender identity" includes the status of being transsexual or transgender.

Portland, OR, Passed in 2000
Human Rights Ordinance - Gender identity refers to "a person's actual or perceived sex, and includes a person's identity, appearance, or behavior, whether or not that identify, appearance or behavior is different from that traditionally associated with the person's sex at birth."

Multnomah County, OR, Passed in 2001
Multnomah County Code, Chapter 15.340 CIVIL RIGHTS DISCRIMINATION

State of Oregon, Task Force on Equality Created in 2006
It seems the State of Oregon may soon include legislative protections based on sexual orientation and gender identity. Oregon Governor Ted Kulongoski has created a Taskforce on Equality, created to examine discrimination in the State of Oregon based on sexual orientation and gender identity. The Taskforce will make recommendations of steps necessary to ensure adequate protections for the gay, lesbian, bisexual and transgender population in Oregon. Read EXECUTIVE ORDER NO. 06-03.

CHAPTER 97
HUMAN RIGHTS
(All Salem Municipal Codes)
97.005. Policy
97.010. Definitions
97.020. Unlawful Employment Practices
97.030. Repealed
97.040. Unlawful Housing Practices
97.050. Repealed
97.060. Unlawful Public Accommodations Practices
97.070. Repealed
97.080. Intimidation
97.085. Exceptions
97.090. Disregarding Court Orders
97.100. Severability
97.900. Administration and Enforcement
97.910. Engaging in Reprisal or Retaliation
97.911. through 97.989. Reserved for Expansion
97.990. Violations

"It is the policy of the City of Salem to eliminate discrimination based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income."

97.005. POLICY. It is the policy of the City of Salem to eliminate discrimination
based on race, religion, color, sex, marital status, familial status, national origin, age, mental or
physical disability, sexual orientation, gender identity and source of income. The City Council
finds that such discrimination poses a threat to the health, safety and general welfare of the
citizens of Salem and menaces the institutions and foundation of our community. Furthermore,
the City Council finds that although the State of Oregon generally prohibits discrimination in
employment, housing, and public accommodation on the basis of race, religion, color, sex,
marital status, familial status, national origin, age, and disability, the State does not generally
prohibit such discrimination on the basis of sexual orientation, gender identity, domestic
partnership, or source of income. It is the intent of the Council to supplement the state
protections against discrimination. Furthermore, it is the intent of the Council, in the exercise
of its powers for the protection of the public health, safety, and general welfare and for the
maintenance of peace and good government, that every individual shall have an equal
opportunity to participate fully in the life of the City and that discriminatory barriers to equal
participation in employment, housing, and public accommodations be removed. (Ord No. 36-
2002)

“Gender identity means a person’s actual or perceived sex, including a person’s identity, appearance, expression, or behavior with respect to actual or perceived sex, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person’s sex at birth."

97.010. DEFINITIONS. As used in this chapter, except where the context
otherwise requires:
(a) “Age” means age 18 or older.
(b) “Agent” means any person (not an employee or officer), who is an agent of a
public body for purposes of the Tort Claims Act, if that person meets the usual “control” tests
with respect to the manner of performance of duties, or if that person performs a function or
responsibility of the City of Salem on behalf of the City. A person is not an agent if he or she
merely performs a service without supervision or control for the City and not on its behalf.
(c) “Domestic partnership” means a relationship between two persons who meet
either of the following requirements: (1) have registered, certified or affirmed their relationship
with any appropriate, legally established domestic partnership registry within any jurisdiction in
the United States, or with the State of Oregon’s Public Employees Benefits Board; or (2) are 18
years of age or older; are each unmarried; are each other’s sole domestic partner and intend to
remain so indefinitely; are not related by blood closer than would bar marriage in the State of
Oregon; and are residing together, share the common necessities of life and are responsible for
each other’s common welfare.
(d) "Employer" means any person, wherever situated, who employs one or more
employees within the city, or who solicits individuals within the city to apply for employment,
whether privately or by general advertisement.
(e) “Gender identity” means a person’s actual or perceived sex, including a person’s
identity, appearance, expression, or behavior with respect to actual or perceived sex, whether or
not that identity, appearance, expression or behavior is different from that traditionally associated
with the person’s sex at birth.
(f) "Person" means an individual, partnership, association, organization, corporation,
board, commission, or other organized and identifiable group. “Person” includes a public body
as that term is defined by ORS 30.260(4) other than the State of Oregon or a county.
(g) “Registered volunteer” is a person who donates labor or services to the City under
the supervision of an employee of the City of Salem and performs a function or responsibility of
the City on behalf of the City.
(h) “Sexual orientation” means actual or perceived heterosexuality, homosexuality, or
bisexuality.
(i) “Source of income”
refers to the means by which a person supports himself or
herself and any dependents, including but not limited to money and property from any
occupation, profession or activity, from any contract, settlement or agreement, from federal or
state payments, court-ordered payments, gifts, bequests, annuities, life insurance policies, and
compensation for illness or injury, but excluding any money or property derived in a manner
made illegal or criminal by any law, statute or ordinance.
(j) "Vocational school"
means any person who trains and teaches individuals to
engage in any trade, business, or vocational pursuit.
(k) Any term used but not defined in Chapter 97
shall be interpreted consistently with
definitions provided in Oregon Revised Statutes, Chapter 659A (2001). (Ord No. 60-72; Ord
No. 59-75; Ord No. 239-78; Ord No. 93-90; Ord No. 46-96; Ord No. 36-2002)

"It shall be an unlawful employment practice: For any employer to discriminate on the basis of an individual’s race, religion, color, sex, national origin, marital status, age, disability, sexual orientation, gender identity..."

97.020. UNLAWFUL EMPLOYMENT PRACTICES. It shall be an unlawful
employment practice:
(a) For any employer to discriminate on the basis of an individual’s race, religion,
color, sex, national origin, marital status, age, disability, sexual orientation, gender identity,
source of income, domestic partnership or familial status, by committing against any such
individual any of the acts made unlawful under ORS 659A.006(2), 659A.030, 659A.100 to
659A.139, 659A.142(1) or 659A.142(2); and
(b) For any vocational school to discriminate because of race, religion, color, sex,
national origin, marital status, age, disability, sexual orientation, gender identity, source of
income, domestic partnership or familial status, against any individual in its admission or other
operating procedures and practices relating to students or prospective students. (Ord No. 60-72;
Ord No. 239-78; Ord No. 36-2002)

97.030. Repealed. (Ord No. 60-72;Ord No. 239-78; Ord No. 36-2002)

"It shall be unlawful housing practice for a person to discriminate in selling, renting, or leasing real property on the basis of an individual’s race, religion, color, sex, national origin, marital status, age, disability, sexual orientation, gender identity..."

97.040. UNLAWFUL HOUSING PRACTICES. It shall be unlawful housing
practice for a person to discriminate in selling, renting, or leasing real property on the basis of an
individual’s race, religion, color, sex, national origin, marital status, age, disability, sexual
orientation, gender identity, source of income, domestic partnership or familial status, by
committing against any such individual any of the acts made unlawful under ORS 659A.145 or
659A.421. (Ord No. 60-72;Ord No. 239-78; Ord No. 36-2002)

97.050. Repealed. (Ord No. 60-72;Ord No. 239-78; Ord No. 93-90; Ord No. 36-
2002)

"It shall be an unlawful public accommodations practice for a person to discriminate on the basis of an individual’s race, religion, color, sex, national origin, marital status, age, disability, sexual orientation, gender identity..."

97.060. UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICES. It shall
be an unlawful public accommodations practice for a person to discriminate on the basis of an
individual’s race, religion, color, sex, national origin, marital status, age, disability, sexual orientation,
gender identity, source of income, domestic partnership or familial status, by
committing against any such individual any of the acts made unlawful under ORS 659A.142(3)
or ORS 659A.400 to 659A.409. (Ord No. 60-72;Ord No. 239-78; Ord No. 36-2002)

97.070. Repealed. (Ord No. 16-90; Ord No. 36-2002)

"It shall be unlawful for any person to tamper or interfere with property, with the intent to cause substantial inconvenience to another, because of the person's perception of the other's race, color, religion, national origin, familial status, age, marital status, domestic partnership, disability, sexual orientation, gender identity or source of income."

"It shall be unlawful for any person to intentionally, knowingly or recklessly subject another to offensive physical contact because of the person's perception of the other's race, color, religion, national origin, familial status, age, marital status, domestic partnership, disability, sexual orientation, gender identity or source of income."

"It shall be unlawful for any person to intentionally, knowingly or recklessly publicly insult another by abusive words or gestures in a manner likely to provoke a violent response because of the person's perception of the other's race, color, religion, national origin, familial status, age, marital status, domestic partnership, disability, sexual orientation, gender identity or source of income."

"It shall be unlawful for any person to Intentionally, knowingly or recklessly, because of the persons's perception of race, color, religion, national origin, familial status, age, marital status, domestic partnership, disability, sexual orientation, gender identity or source of income, subject another to alarm by threatening to inflict physical injury upon or commit a crime affecting that other person, or member of that other person's family; To cause damage to the property of that other person or member of that other person's family; Willfully violate a court order issued under SRC 97.090, or of an order issued by any court of competent jurisdiction under an equivalent statute or ordinance."

97.080. INTIMIDATION. It shall be unlawful for any person to commit any of
the following acts:
(a) Tamper or interfere with property, with the intent to cause substantial
inconvenience to another, because of the person's perception of the other's race, color, religion,
national origin, familial status, age, marital status, domestic partnership, disability, sexual
orientation, gender identity or source of income.
(b) Intentionally, knowingly or recklessly subject another to offensive physical
contact because of the person's perception of the other's race, color, religion, national origin,
familial status, age, marital status, domestic partnership, disability, sexual orientation, gender
identity or source of income.
(c) Intentionally, knowingly or recklessly publicly insult another by abusive words or
gestures in a manner likely to provoke a violent response because of the person's perception of
the other's race, color, religion, national origin, familial status, age, marital status, domestic
partnership, disability, sexual orientation, gender identity or source of income.
(d) Intentionally, knowingly or recklessly, because of the persons's perception of race,
color, religion, national origin, familial status, age, marital status, domestic partnership,
disability, sexual orientation, gender identity or source of income, subject another to alarm by
threatening:
(1) To inflict physical injury upon or commit a crime affecting that other person, or
member of that other person's family.
(2) To cause damage to the property of that other person or member of that other
person's family.
(e) Willfully violate a court order issued under SRC 97.090, or of an order issued by
any court of competent jurisdiction under an equivalent statute or ordinance.
For the purposes of SRC 97.080, “property” means any tangible personal property or real
property. (Ord No. 16-90; Ord No. 36-2002)

97.085. EXCEPTIONS. (a) The prohibitions in this Chapter against
discriminating on the basis of sexual orientation and gender identity do not apply:
(1) To the leasing or renting of a room or rooms within an individual living unit
which is occupied by the lessor as his or her residence;
(2) To the leasing or renting of dwellings with not more than two individual living
units where one of the units is owner occupied;
(3) To the leasing or renting of space within a church, temple, synagogue, religious
school, or other facility used primarily for religious purposes.
(b) The prohibitions in this Chapter against discriminating on the basis of source of
income do not prohibit:
(1) Inquiry into and verification of a source or amount of income;
(2) Inquiry into, evaluation of, and decisions based on the amount, stability, security
or creditworthiness of any source of income;
(3) Screening prospective purchasers and tenants on bases not specifically prohibited
by this chapter or by state or federal law.
(4) Refusal to contract with a governmental agency under 42 U.S.C. §1437f(a)
”Section 8.”
(c) The prohibitions in this Chapter against discriminating on the basis of gender
identity do not prohibit:
(1) Health or athletic clubs or other entities that operate gender-specific facilities
involving public nudity, such as showers and locker rooms, from requiring an individual to
document their gender or transitional status. Such documentation can include, but is not limited
to, a court order, letter from a physician, birth certificate, passport, or driver’s license;
(2) Otherwise valid employer dress codes or policies, so long as the employer
provides, on a case-by-case basis, for reasonable accommodation based on the health and safety
needs of persons protected on the basis of gender identity.
The exceptions in paragraphs (1) and (2) of this subsection do not excuse a failure to provide
reasonable and appropriate accommodations permitting all persons access to restrooms consistent
with their expressed gender.
(d) The prohibitions in section 97.040 against discriminating on the basis of age do
not apply to housing for older persons, as defined in ORS 659A.421(7)(b) and (c).
(e) The prohibitions in section 97.060 against discriminating on the basis of age or
familial status do not apply to the use of special rates or services or to the promotion of business
through the issuance of special rates for families with children, or persons 55 years of age or
older.
(f) The prohibitions contained in Chapter 97 shall not mandate or otherwise affect the
scope or content of medical insurance or other forms of medical or health benefits provided by
employers. (Ord No. 36-2002)

97.090. DISREGARDING COURT ORDERS. (a) When any person is
charged with violating SRC 97.080 is released from custody before trial by bail or personal
recognizance, the Salem Municipal Court judge authorizing the release shall require that the
person:
(1) Stay at least one hundred yards away from the home, school, business or place of
employment of the victim or victims of the alleged offense or other location, as shall be
specifically named by the court in the order.
(2) Refrain from contacting, intimidating, threatening, or otherwise interfering with
the victim or victims of the alleged offense and such other persons, including but not limited to
members of the family or household of the victim, as shall be specifically named by the court in
the order.
(3) The court shall determine the necessity for imposing a no-contact order or other
conditions of pre-trial release. The Salem Police Department and Salem Municipal Court may
enforce this section as it relates to orders restricting the defendant's ability to have contact with
the victims or others.
(b) The victim shall be informed by local law enforcement agencies or the
prosecuting attorney of the final disposition of the case in which the victim is involved. If a
defendant is found guilty of a crime of intimidation and a condition of the sentence restricts the
defendant's ability to have contact with the victim or witnesses, the condition shall be recorded
and a written certified copy of that order shall be provided to the victim or witnesses by the clerk
of the court. The written order shall contain the court's directives and shall bear the legend:
Violation of this order is criminal offense under SRC 97.080 and will subject a violator to arrest.
(Ord No. 16-90; Ord No. 36-2002)

97.100. SEVERABILITY. If any section, portion, clause or phrase of SRC
Chapter 97 is held to be invalid or unconstitutional, the remaining sections, portions, clauses and
phrases shall not be affected but shall remain in full force and effect.(Ord No. 16-90; Ord No. 36-
2002)

97.110 to 97.899. Reserved for Expansion.

97.900. ADMINISTRATION AND ENFORCEMENT. (a) The provisions of
this chapter shall be administered and enforced as provided in SRC 8.050 to 8.190, except as
otherwise provided in this section.
(b) Nothing in this section shall be construed as barring or preventing direct
prosecution of a criminal violation of this chapter, or as requiring that a criminal violation be
investigated or heard before the Human Rights and Relations Advisory Commission
(Commission), as provided in SRC 8.050 to 8.190.
(c) Claims against City.
(1) Any person who claims discrimination by the City in violation of this Chapter
may file a complaint with the Commission under SRC Chapter 8 only after exhausting all other
administrative remedies provided by the City pursuant to contract, rule, or policy. If a claim is
filed prior to exhaustion of available City administrative remedies, the Commission shall inform
the person of those remedies and forward the complaint to the appropriate City official to address
it.
(2) Any claim against the City filed with the Commission by a City employee,
registered volunteer or agent shall be subject to the additional requirements of subsection (d) of
this section.
(3) If the Commission takes action under SRC 8.060 (a) to (c) based on a claim
alleging discrimination against the City and an informal resolution is not thereby achieved, the
Commission shall refer the complaint to the Community Services Director for a determination
whether the complaint should be forwarded to the Bureau of Labor and Industries, which shall
act as the City’s enforcement agent.
(d) Claims by City employees, registered volunteers, or agents against City.
(1) Any employee, registered volunteer, or agent of the City who claims
discrimination by the City in violation of this Chapter may file a complaint with the Commission
under SRC Chapter 8. Such complaint may be filed only after all applicable internal grievance
processes have been followed and completed. If the complaining party files a complaint upon the
completion of those internal processes, the Commission’s actions shall be limited to subsections
(a) through (c) of SRC 8.060, subject to the conditions in paragraphs 2 through 5 below.
(2) The Commission shall take no action on the complaint if the party:
(A) has proceeded to arbitration pursuant to a collective bargaining agreement
between a labor organization and the City;
(B) has filed with the Bureau of Labor and Industries (“BOLI”) a claim under ORS
Chapter 659A concerning the same event or set of circumstances that form the basis of the claim
under this Section, and BOLI has accepted jurisdiction on that claim; or
(C) has filed a civil complaint in state or federal court against the City or any of its
employees, agents or registered volunteers based on the same event or set of circumstances that
form the basis of the claim under this Section.
(3) The Commission shall take action on the complaint as provided in SRC 8.060(a)
to (c) if the party has not taken any of the steps listed in paragraph (2) of this subsection, or if
BOLI or the court has dismissed the claim on procedural grounds.
(4) The Commission shall stay its action on the complaint if, subsequent to the filing
of the complaint, the complaining party files a BOLI claim or civil complaint based on the same
event or circumstances that form the basis of the claim under this Section. It shall resume its
action if the BOLI claim or civil complaint is dismissed on procedural grounds.
(5) The Commission shall dismiss the complaint if, subsequent to the filing of the
complaint, the complaining party files a BOLI claim or civil complaint based on the same event
or circumstances that form the basis of the claim under this Section, and that claim proceeds to a
final order, other than a dismissal on procedural grounds.
(e) Private cause of action.
(1) Any person who claims to be aggrieved by an unlawful discriminatory act listed
below shall have a cause of action in any court of competent jurisdiction:
(A) An unlawful employment practice based on sexual orientation, gender identity,
source of income, familial status, or domestic partnership;
(B) An unlawful housing practice based on sexual orientation, gender identity, or
domestic partnership; or
(C) An unlawful public accommodations practice based on sexual orientation, gender
identity, source of income, domestic partnership or familial status.
(2) A cause of action filed pursuant to this subsection shall be subject to the following
limitations:
(A) The civil action must be commenced within one year after the occurrence of the
unlawful practice, or within 90 days after the close of the last administrative action, whichever is
later.
(B) The court may order any injunctive relief and such other equitable relief as may be
appropriate, and compensatory and punitive damages.
(C) The court may allow the prevailing party costs and reasonable attorney fees at trial
and on appeal.
(D) In any action under section 97.020, the court may order reinstatement or hiring of
employees with or without back pay, subject to the time limitations provided in ORS
659A.885(1).
(f) If a complaint is filed with the Commission alleging discrimination based on a
claim not listed in subparagraphs (e)(1)(A)-(C) of this section, then notwithstanding SRC 8.050
to 8.190, the Commission shall not refer a complaint to the city attorney’s office. Instead, if the
Commission is unable to resolve such a complaint, the complaint shall be referred to the
appropriate state agency. (Ord No. 60-72; Ord No. 36-2002)

97.910. ENGAGING IN REPRISAL OR RETALIATION. (a) It shall be
unlawful for any person to in any manner discriminate against, penalize, or harass as defined by
ORS 166.065, any person who has been a witness for, filed a complaint with, or otherwise
participated in any matter before the commission concerning an alleged violation of the
provisions of this chapter.
(b) It shall not be a defense to prosecution for violation of this section that the matter
before the commission has not yet proceeded to final determination before the commission, or
that the matter has been dismissed by the commission, or that a criminal or infraction complaint
has been dismissed or the defendant or respondent found not guilty or not responsible by any
court having jurisdiction thereof. (Ord No. 60-72; Ord No. 61-93)

97.911 to 97.989. Reserved for Expansion.

97.990. VIOLATIONS. Knowing and willful violation of SRC 97.010 to 97.890 is
an infraction; save and except that violation of SRC 97.080 is a misdemeanor. (Ord No.
60-72;Ord No. 193-79;Ord No. 16-90)