Or. Admin. Code § 943-005-0010
Current through Register Vol. 63, No. 12, December 1, 2024
Section 943-005-0010 - Non-Discrimination Policy(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. Or. Admin. Code § 943-005-0010
OHA 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; OHA 19-2011, f. 8-30-11, cert. ef. 9-1-11; OHA 3-2014, f. 9-10-14, cert. ef. 1-1-15Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042