From charlie.burr at state.or.us Mon Feb 2 12:16:34 2015 From: charlie.burr at state.or.us (Burr, Charlie) Date: Mon, 2 Feb 2015 20:16:34 +0000 Subject: NEWS RELEASE: BOLI Interim Order: Sweet Cakes discriminated against same-sex couple in bakery civil rights case Message-ID: <6376A41CAD6C3E4F8A65385BDA407261314167FD@D5DAG1B.D5.USA.NET> [cid:image001.gif at 01D03EE2.1667D960] For Immediate Release February 2, 2015 CONTACT: Charlie Burr, (971) 673-0788 BOLI Interim Order: Sweet Cakes discriminated against same-sex couple in bakery civil rights case Hearing will focus on damages for unlawful discrimination based on sexual orientation Portland, OR-A Gresham bakery unlawfully discriminated against a same-sex couple by denying them full and equal access to a place of public accommodations, a BOLI Interim Order has found. The ruling comes after both the agency's Administrative Prosecution Unit and the respondents, Aaron and Melissa Klein, sought summary judgment in the dispute. The Interim Order finds that the undisputed material facts support charges of unlawful discrimination under the Oregon Equality Act. An administrative hearing scheduled for March will focus on damages for the same-sex couple. Under Oregon law, Oregonians may not be denied service based on sexual orientation or gender identity. The law provides an exemption for religious organizations and schools, but does not allow private businesses to discriminate based on sexual orientation, just as they cannot legally deny service based on race, sex, age, disability or religion. The bakery is not a religious institution under law. The Kleins argued against a connection between the same-sex couple's sexual orientation and respondents' alleged discriminatory action. The BOLI Interim Order rejects the argument: Respondents' attempt to divorce their refusal to provide a cake for Complainants' same-sex wedding from Complainants' sexual orientation is neither novel nor supported by case law. As the Agency argues in support of its cross-motion, "[t]here is simply no reason to distinguish between services for a wedding ceremony between two persons of the same sex and the sexual orientation of that couple. The conduct, a marriage ceremony, is inextricably linked to a person's sexual orientation." Respondents also contended that a prior sale of a wedding cake to one of the complainants for her mother's wedding proves their lack of animus towards complainants' sexual orientation. The ruling fails to find the argument persuasive: Respondents' first argument fails for the reason that there is no evidence in the record that A. Klein, the person who refused to make a cake for Complainants while acting on Sweetcakes' behalf, had any knowledge of Complainants' sexual orientation in November 2010 when Cryer purchased a cake for her mother's wedding. Even if A. Klein was aware of Cryer's sexual orientation in November 2010, not discriminating on one occasion does not inevitably lead to the conclusion that A. Klein did not discriminate on a subsequent occasion. The agency's Administrative Prosecution Unit also brought charges that the Kleins unlawfully communicated a future intention to discriminate based on sexual orientation on September 2, 2013 and February 13, 2014 while appearing on television and radio interviews with Tony Perkins and the Christian Broadcasting Network (CBN). However, the BOLI Interim Order rules in favor of the respondents and rejects the agency's argument that Aaron Klein's statements represent a prospective communication in violation of ORS 659A.409. Public accommodations complaints under the Equality Act are rare. In every year since the law's passage, public accommodations complaints based on sexual orientation and gender identity have represented less than one percent of all discrimination complaints received by the agency. BOLI protects all Oregonians from unlawful discrimination, investigating allegations of civil rights violations in workplaces, career schools, housing and public accommodations. Copies of the Interim 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. ### Charlie Burr Communications Director Oregon Bureau of Labor and Industries 800 NE Oregon Street, Suite 1045 Portland, Oregon 97232 Tel: 971-673-0788 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 5043 bytes Desc: image001.gif URL: From charlie.burr at state.or.us Fri Feb 13 12:16:44 2015 From: charlie.burr at state.or.us (Burr, Charlie) Date: Fri, 13 Feb 2015 20:16:44 +0000 Subject: NEWS RELEASE: Labor Commissioner Avakian statement on resignation of Governor John Kitzhaber Message-ID: <6376A41CAD6C3E4F8A65385BDA4072613141838B@D5DAG1B.D5.USA.NET> [cid:image001.gif at 01D046C3.8FD125C0] For Immediate Release February 13, 2015 CONTACT: Charlie Burr, (971) 673-0788 wk. or (503) 913-5407 mobile Labor Commissioner Avakian statement on resignation of Governor John Kitzhaber Portland, OR-Labor Commissioner Brad Avakian today issued the following statement in response to Governor Kitzhaber's resignation: Today, we learned that John Kitzhaber will step down as Governor after a career of public service that's improved people's lives and helped expand opportunity to thousands around the state. It is my hope that we view his legacy not just through the narrow prism of these recent months, but the full scope of his decades of service. As Secretary of State Kate Brown takes the helm of Oregon government, I know that her colleagues and I stand with her as we embark on a new chapter for our state. The Bureau of Labor and Industries and I stand ready to help Kate Brown with the challenge of putting working families on stronger economic footing in the weeks and months ahead. Oregon has a bright future and we will do all we can to see that our state and new governor be successful as we move forward. For more information about BOLI's efforts to support Oregon employers and protect Oregon's workforce, visit http://www.oregon.gov/BOLI. ### Charlie Burr Communications Director Oregon Bureau of Labor and Industries 800 NE Oregon Street, Suite 1045 Portland, Oregon 97232 Tel: 971-673-0788 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 5043 bytes Desc: image001.gif URL: From charlie.burr at state.or.us Mon Feb 16 11:14:18 2015 From: charlie.burr at state.or.us (Burr, Charlie) Date: Mon, 16 Feb 2015 19:14:18 +0000 Subject: NEWS RELEASE: Labor Commissioner Avakian Statement on Paid Sick Days Legislation Message-ID: <6376A41CAD6C3E4F8A65385BDA40726131418573@D5DAG1B.D5.USA.NET> [cid:image001.gif at 01D049C6.A28CC0B0] For Immediate Release February 16, 2015 CONTACT: Charlie Burr, (971) 673-0788 wk. or (503) 913-5407 mobile Labor Commissioner Avakian Statement on Paid Sick Days Legislation Portland, OR-Labor Commissioner Brad Avakian today issued the following statement in support of paid sick days legislation: Oregon can modernize its workplace rules and give employers the certainty that comes with a statewide system by passing sick days legislation. Despite recent gains made by Portland and Eugene, 47 percent of private sector workers around the state will still not be able to accrue sick days on the job once the Eugene ordinance takes effect. When you look at low-wage workers, the gap is greater still: 71 percent of low-wage workers - disproportionately women and people of color - lack sick days protection. Our agency's experience with employer compliance training and local ordinance enforcement will help us oversee implementation that's fair to both employees and businesses alike. This legislation can help close Oregon's wage gap and will benefit working families, businesses and communities around the state. For more information about BOLI's efforts to support Oregon employers and protect Oregon's workforce, visit http://www.oregon.gov/BOLI. ### Charlie Burr Communications Director Oregon Bureau of Labor and Industries 800 NE Oregon Street, Suite 1045 Portland, Oregon 97232 Tel: 971-673-0788 Cell: 503-913-5407 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 5043 bytes Desc: image001.gif URL: From charlie.burr at state.or.us Fri Feb 20 10:15:37 2015 From: charlie.burr at state.or.us (Burr, Charlie) Date: Fri, 20 Feb 2015 18:15:37 +0000 Subject: NEWS RELEASE: Labor Commissioner Avakian Statement on School Activities Legislation Message-ID: <6376A41CAD6C3E4F8A65385BDA4072615E55B19C@D5DAG1A.D5.USA.NET> [cid:image001.gif at 01D04C64.F575C100] For Immediate Release February 20, 2015 CONTACT: Charlie Burr, (971) 673-0788 wk. or (503) 913-5407 mobile Labor Commissioner Avakian Statement on School Activities Legislation Portland, OR-Labor Commissioner Brad Avakian today issued the following statement in support of HB 2646, a measure that provides up to eight hours of unpaid leave for parents to attend children's school activities and protection from retaliation for taking such time off. "Too many parents struggle to balance the demands of work and raising a child. Oregon can help women and families succeed by protecting employees who take time off from work for school activities. According to a recent study by the Oregon Council on Civil Rights, work-life conflict is a major driver behind the gender pay pap in Oregon. This bill supports families and provides protections for parents who take time off to get involved in their child's academic success." The House Committee on Business and Labor heard the legislation earlier today in Hearing Room E. For more information about BOLI's efforts to support Oregon employers and protect Oregon's workforce, visit http://www.oregon.gov/BOLI. ### Charlie Burr Communications Director Oregon Bureau of Labor and Industries 800 NE Oregon Street, Suite 1045 Portland, Oregon 97232 Tel: 971-673-0788 Cell: 503-913-5407 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... 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