75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                         House Bill 3686

Sponsored by COMMITTEE ON EDUCATION (at the request of Ecumenical
  Ministries of Oregon, Oregon Family Council, Northwest
  Religious Liberty Association and Portland State University
  Muslim Student Association)

                     CHAPTER ................

                             AN ACT

Relating to unlawful discrimination in employment practices;
  creating new provisions; amending ORS 659A.033; repealing ORS
  342.650 and 342.655; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 659A.033 is amended to read:
  659A.033. (1) An employer violates ORS 659A.030 if:
  (a) The employer does not allow an employee to use vacation
leave, or other leave available to the employee, for the purpose
of allowing the employee to engage in the religious observance or
practices of the employee; and
  (b) Reasonably accommodating use of the leave by the employee
will not impose an undue hardship on the operation of the
business of the employer as described in   { - subsection (4) - }
 { + subsections (4) and (5) + } of this section.
  (2) Subsection (1) of this section applies only to leave that
is not restricted as to the manner in which the leave may be used
and that the employer allows the employee to take by adjusting or
altering the work schedule or assignment of the employee.
  (3) An employer violates ORS 659A.030 if:
  (a) The employer imposes an occupational requirement that
restricts the ability of an employee to wear religious
clothing { +  in accordance with the employee's sincerely held
religious beliefs + }, to take time off for a holy day or to take
time off to participate in a religious observance or practice;
  (b) Reasonably accommodating those activities does not impose
an undue hardship on the operation of the business of the
employer as described in   { - subsection (4) - }
 { + subsections (4) and (5) + } of this section; and
  (c) The activities have only a temporary or tangential impact
on the employee's ability to perform the essential functions of
the employee's job.
  (4) A reasonable accommodation imposes an undue hardship on the
operation of the business of the employer for the purposes of
this section if the accommodation requires significant difficulty
or expense. For the purpose of determining whether an
accommodation requires significant difficulty or expense, the
following factors shall be considered:
  (a) The nature and the cost of the accommodation needed.

Enrolled House Bill 3686 (HB 3686-B)                       Page 1

  (b) The overall financial resources of the facility or
facilities involved in the provision of the accommodation, the
number of persons employed at the facility and the effect on
expenses and resources or other impacts on the operation of the
facility caused by the accommodation.
  (c) The overall financial resources of the employer, the
overall size of the business of the employer with respect to the
number of persons employed by the employer and the number, type
and location of the employer's facilities.
  (d) The type of business operations conducted by the employer,
including the composition, structure and functions of the
workforce of the employer and the geographic separateness and
administrative or fiscal relationship of the facility or
facilities of the employer.
  (e) The safety and health requirements in a facility, including
requirements for the safety of other employees and any other
person whose safety may be adversely impacted by the requested
accommodation.
   { +  (f) The degree to which an accommodation may constrain
the obligation of a school district, education service district
or public charter school to maintain a religiously neutral work
environment.
  (5) A reasonable accommodation imposes an undue hardship on the
operation of the business of the employer for the purposes of
this section if the accommodation would constrain the legal
obligation of a school district, education service district or
public charter school to:
  (a) Maintain religious neutrality in the school environment; or
  (b) Refrain from endorsing religion. + }
  SECTION 2.  { + The amendments to ORS 659A.033 by section 1 of
this 2010 Act apply only to conduct that occurs on or after the
effective date of this 2010 Act. + }
  SECTION 3.  { + ORS 342.650 and 342.655 are repealed. + }
  SECTION 4. { +  This 2010 Act takes effect on July 1, 2011. + }
                         ----------

Passed by House February 10, 2010

Repassed by House February 23, 2010

      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate February 23, 2010

      ...........................................................
                                              President of Senate

Enrolled House Bill 3686 (HB 3686-B)                       Page 2

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled House Bill 3686 (HB 3686-B)                       Page 3