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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Sept. 1, 1992)
just out T M p to m b tr 1002 V 10 Enacting our rights JO H N TAYLOR G A T T O “KIPS PO N T LEARN THE WAY SCHOOLS TEACH ft 1991 N. Y. TCacher of the year ■ Author of D um bing u s D ow n t Portland is now one of 100 or so cities in the United States that has a law prohibiting discrimination T T Iickets $5 653-8128 (or at the door) by Susan Dobrof ow many times have you heard about (or experienced yourself) someone who wasn ’ t hired or didn ’ t get promoted because she or he is gay or lesbian? Do you know any one who suspects she or he was fired for the same reason? And let’s not forget those workplaces in which a lesbian or gay man is insulted or harassed on the basis o f sexual orientation. You may have thought the law could not help be cause sexual ori entation is gener ally not consid ered a “protected class” such as race or sex. But thanks to the efforts of the lesbian and gay community and supportive, pro gressive political leaders, Portland is now one of 100 or so cities in the United States that has a law prohibiting discrimination in employment, hous ing and public accommodation on the basis of sexual orientation. Last November the Portland City Council passed the civil rights ordinance that also prohib its discrimination on the basis of source o f in come. The law applies to employers in Portland but is broadly defined and may cover workplaces outside the city if the employer advertises within the city o f Portland. The law is similar to existing Oregon laws that prohibit discrimination on the basis o f race, sex, age, national origin, religion and disability. The local law does not define discrimination in employment, but the state anti- discrimination law refers to discrimination in hiring, firing and other terms and conditions of employment. This means that just about any adverse employment-related action will be cov ered by the broad reach of the local law. If you believe you have been discriminated against because of your sexual orientation, you can take action in one of two ways. You can file a complaint with the Oregon Bureau o f Labor and Industries, which has been given the task of en forcing the law. BOLI is required to investigate to determine if there is “substantial evidence of discrimination.” If BOLI determines that there is substantial evidence o f an unlawful employment practice, the case may go to hearing. If you win, H BOLI can award damages that may include em ployment or reinstatement, an order for promo tion, wages or other benefits, compensation for emotional distress and/or impaired dignity and any other out-of-pocket expenses attributable to the unlawful employment practice. If BOLI de termines that there is not substantial evidence o f an unlawful employment practice, you may still file a private lawsuit, as long as the suit is filed within the one-year statute of limitations pro vided by Oregon law. The other alternative is for you to file a civil lawsuit. The Portland law allows you to use the court procedure provided by the general Oregon anti-discrimination law. The Oregon law allows for attorney fees if you win, and it allows for i compensatory as well as punitive damages. Both a private lawsuit and a complaint to BOLI must be filed within one year of the alleged discrimina tion. As an administrative procedure, the BOLI route may have the advantage o f being quicker, and you do notneed a lawyer. However, you must rely on the staff of BOLI to investigate and, if substantial evidence is found, present your case. In a private lawsuit your lawyer investigates and presents your case, which may give you more protection and advocacy than the administrative procedure. The law allows the lawyer’s fees be paid by the employer if the employer is found liable. An advantage to a private lawsuit is that you can recover a greater damage am ount You are entitled to punitive damages only in a private lawsuit. These damages are intended not as compensation but as punishment for an employer’s wanton and willful violation of the law. You have the legal right now to put an end to discrimination in employment on the basis of sexual orientation and be compensated for the effects of that discrimination. If you think you have been discriminated against in your job be cause you are lesbian or gay, call the Bureau of Labor and Industries or a private attorney. Susan D obrof practices labor and employ ment law with the law firm o f Goldberg &. Mechanic. 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