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Charter, Code and Policies

City of Portland



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23.01.040 Exceptions.

(Amended by Ordinance No. 175158, effective January 15, 2001.) 

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 dwellings with not more than two individual living units where one of the units is owner occupied; 

3.  To 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 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.

3.  The above exceptions do not    excuse a failure to provide reasonable and appropriate accommodations permitting all persons access to restrooms consistent with their expressed gender.