5.16.040 Exceptions.
A. The prohibitions in Chapter 5.16 against discriminating on the basis of sexual orientation and gender identity do not apply to:
1. The leasing or renting of space within a church, temple, synagogue, religious school, or other facility used primarily for religious purposes.
2. The leasing or renting of a room or rooms within an individual living unit which is owned by the lessor as the lessor’s primary residence.
B. The prohibitions in Chapter 5.16 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 by 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 BC 5.16.025 against discriminating on the basis of age do not apply to housing for older persons, as defined in ORS 659A.421(7)(b) and (c).
D. The prohibitions in BC 5.16.030 against discriminating on the basis of age or familial status do not apply to the use of special rates or services or to the promotion of business through the issuance of special rates for families with children, or persons 55 years of age or older.
E. Reasonable and appropriate accommodations shall be made to permit all persons access to restrooms consistent with their expressed gender. However, the prohibitions in Chapter 5.16 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. 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. [BC 5.16.040, added by Ordinance No. 4330, 11/15/04]