Oregon law, ORS 659.030, prohibits discrimination in employment on the basis of sex. Employers with one or more employees are covered by this law. Federal law (Title VII of the Civil Rights Act, 1964) prohibits discrimination based on sex by any employer who employs 15 or more persons. Employers, other than the federal government doing business in Oregon, are covered by state law or by both state and federal law.
 
Sex discrimination is prohibited in hiring, compensation, terms or conditions of employment, on-the-job treatment and termination.
 

Equal Pay for Equal Work
Oregon law has required nondiscrimination in pay since 1955. The federal Equal Pay Act was enacted in 1963. When members of both sexes perform work that requires equal skill, effort and responsibility, and is performed under similar working conditions, the Act requires that they be paid equally. However, different wages may be paid pursuant to a seniority system, a merit system, a system that measures earnings by quality or quantity of production or a differential based on any factor other than sex.

 
When a violation of the Equal Pay Act is found, an employer may not lower the wages of the higher-paid employee. The wages of the lower-paid employee must be raised to eliminate the effects of the unlawful pay differential.
 

Substantially Equal
Equal work does not mean that employees have identical jobs, rather they do work that is substantially equal. Different tasks that are only occasional and incidental do not justify a difference in wages.

 
The courts have determined that the following two reasons for paying women less are invalid:

• Women will work for less than men.
• Employing women results in higher costs for unemployment insurance, workers´ compensation and group insurance.

 

Training Programs
Trainees may be paid at a different rate than other employees if they are part of a bona fide training program. When examining trainee positions for equal pay violations, the courts have considered whether employees knew of the existence of the program, whether members of both sexes participated in the program, whether the program exists in written form, whether formal instruction is included, whether duties are assigned according to a regular system or rotation, and whether advancement depends on completion of the program.

 

Grooming Standards, Hair Length
Certain employer requirements do not violate fair employment laws even when men and women are treated differently. Different appearance and grooming standards for men and women, especially those involving hair length and facial hair have been upheld by the courts when necessary to the normal operation of the employer´s business and when they do not restrict the employment opportunities for one sex over the other.

Example: As long as it serves a business purpose for the employer, there is nothing discriminatory about requiring that men wear slacks and women wear skirts or dresses to work.

BFOQ Defense and EEOC Guidelines
Although it is permissible in rare instances to discriminate based upon a protected class when it is compelled by business necessity, the following situations are not considered BFOQs (bonafide occupational qualifications):

• Refusing to hire a woman because of assumptions about the comparative employment characteristics of women in general. For example, assuming that the turnover rate among women is higher than among men.
• Refusing to hire an individual based on gender stereotypes including, for example, "men are less capable of assembling intricate equipment," or "women are less capable of aggressive salesmanship."

 
The principle of nondiscrimination requires that people are evaluated on the basis of individual qualifications and not on the basis of any characteristic generally attributed to a particular group.
 

BFOQ Exception: Authenticity
EEOC (Equal Employment Opportunity Commission) guidelines specify that a BFOQ exception for gender is allowed when it is necessary for the purpose of authenticity or genuineness. For example, an actor, actress or model may have to be either male or female to authentically portray a role.

 

BFOQ Exception: Same Sex
The courts have also allowed employers to hire employees of the same sex as that of the client or customer when the job directly involved a potential invasion of another´s privacy. This BFOQ has been allowed only where respect of privacy is necessary to the primary purpose of the job and not a related duty that might be avoided by restructuring the job. Custom or convenience will not justify a BFOQ exception.

 

Seniority Lists, State Protective Legislation, Separate Facilities
EEOC guidelines make it an unlawful employment practice to maintain separate lines of progression or separate seniority lists by gender unless a BFOQ has been established for that job. Using the terms "heavy" and "light" job is unlawful if they are classifications based on gender. EEOC policy also states that if an employer has to provide separate facilities when hiring members of a certain gender, this will not be considered a BFOQ justifying sex discrimination.

 

Insurance
Employers are required to provide equal fringe benefits to employees of both genders. Greater cost in providing benefits to one gender is not considered justification to deny equal benefits. Insurance plans that cover dependents for employees of one sex, but do not cover dependents for employees of the other sex, are discriminatory, even if the employees themselves are covered equally. Coverage that is only extended to the "principal wage earner" or "head of household" has an adverse impact on women and is considered unlawful under EEOC guidelines.

 

Retirement Plans
Retirement plans that allow one gender to receive benefits earlier than the other, charge one gender a higher rate for the same benefits or give one gender lesser benefits have been found unlawful by the courts. While women as a class live longer than men, the U.S. Supreme Court has found that retirement plans that require larger contributions from females are discriminatory because an individual woman may not live as long as an "average" man and because other factors which also affect longevity have not been considered in constructing such plans.

 

Maternity Benefits
Both state and federal law require employers to cover a temporary disability due to pregnancy in the same manner that other temporary disabilities are covered. Women may not be denied the opportunity to work while pregnant if they are physically able to do so.

 

Medical Certification
An employer may require medical certification for periods of absence, or a statement of intention to return from the pregnant employee if the employer has the same requirements for all employees taking leave for temporarily disabling conditions.

Oregon´s attorney general has issued a written opinion stating that employers may not pass on the cost of additional insurance coverage for pregnancy to female employees only.
 

Sexual Orientation
State and federal laws prohibiting sex discrimination in employment do not extend to sexual orientation or sexual change. However, local ordinances in Portland, Multnomah County, Corvallis, Eugene and Ashland prohibit sexual orientation discrimination in employment, housing, and public accommodation. Based on the December 9, 1998 Oregon Court of Appeals decision in Tanner vs. Oregon Health Sciences University, et al., BOLI´s Civil Rights Division is no longer rejecting claims of sexual orientation discrimination from employees throughout Oregon.

 

Transsexualism
Oregon disability law prohibits discrimination based on transsexualism.