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OEA Definition of Gender Identity
In 2007, the Oregon State Legislature passed the Oregon Equality Act (OEA). This law, which went into effect on January 1, 2008, prohibits discrimination against persons based on sexual orientation, which as defined in the law, includes gender identity & expression.
The Oregon Equality Act defines 'person' as; individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies.
The Oregon Equality Act defines 'sexual orientation as; an individual's actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual's gender identity, appearance, expression or behavior differs from that traditionally associated with the individual's sex at birth.
The information below focuses on the aspects of the law that most directly impact public schools with regard to real or perceived child & youth gender identity and expression.
What does this anti-discrimination law cover?
The Oregon Equality Act forbids discrimination based on sexual orientation or gender identity or expression in several critical areas:
► Employment in all state, municipal and private workplaces
► Public accommodations, meaning places open to the public such as businesses that sell goods or services, recreational facilities and providers of medical services
► Foster parenting and the provision of adult foster care
► Public school education, including public charter schools
How does the OEA define gender identity?
Under Oregon law, gender identity includes what a person believes his or her gender to be, including how the person chooses to express his or her gender. Gender identity protection also encompasses any behavior that differs from what may be traditionally associated with the person’s sex at birth. The law protects people who identify as transgender as well as people who do not fit into stereotypes of how a man or woman should look or act.
See also: Dress Code Law/Guidelines & Restroom Law/Guidelines
Does the OEA cover hate crimes?
Yes. SB 2 establishes criminal penalties for hate crimes, including those crimes committed because of the person’s perception of sexual orientation or gender identity of the victim.
The OEA & Public Charter Schools
With the enactment of the Oregon Equality Act, Section 23. ORS 338.125(3) was amended to read: "A public charter school may not limit student admission based on race, religion, sex, sexual orientation1, ethnicity, national origin, disability, gender, income level, proficiency in the English language or athletic ability, but may limit admission to students within a given age group or grade level."
1. The Oregon Equality Act defines 'sexual orientation as; an individual's actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual's gender identity, appearance, expression or behavior differs from that traditionally associated with the individual's sex at birth.
