Portland, Ore. – —The Bureau of Labor and Industries says that cases in Oregon involving Gays and Lesbians are rare.
The Oregon Equality Act of 2007 protects the rights of gays, lesbians, bisexual and transgender Oregonians in employment, housing and public places. Complaints under the Act are rare. In fact, the agency has found substantial evidence of violations in only six investigations of Equality Act accommodations complaints in the seven years since the law took effect.issued the following statement today regarding the agency’s Proposed Order in the Sweet Cakes case.
“The facts of this case clearly demonstrate that the Kleins unlawfully discriminated against the Complainants. Under Oregon law, businesses cannot discriminate or refuse service based on sexual orientation, just as they cannot turn customers away because of race, sex, disability, age or religion. Our agency is committed to fair and thorough enforcement of Oregon civil rights laws, including the Equality Act of 2007.”
In the Proposed Order, the administrative law judge awards $60,000 in damages to Laurel Bowman-Cryer and $75,000 in damages to Rachel Bowman-Cryer for emotional suffering stemming directly from unlawful discrimination. The amounts are damages related to the harm suffered by the Complainants, not fines or civil penalties which are punitive in nature.
The amounts are less than what was sought by administrative prosecutors. The Proposed Order also does not recommend awarding damages resulting from alleged harm due to media coverage of the case.
A Proposed Order is not the final step of BOLI’s administrative process.
Both the Respondents and agency administrative prosecutors will now review the Proposed Order and may file exceptions. The Labor Commissioner will then issue the agency’s Final Order in the matter.
Once BOLI has issued a Final Order, the Respondents may appeal the ruling with the Oregon Court of Appeals.
Copies of the Proposed Order can be found on the agency’s website here. For more information about BOLI’s efforts to protect workplaces and support Oregon employers, visit http://www.oregon.gov/BOLI.
Any Oregon employer seeking to navigate the Oregon Equality Act or other civil rights protections can contact BOLI’s Technical Assistance for Employers with questions at (971) 673-0824.
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