(1) As used in this section: (a)(A) Discrimination means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability. (B) Discrimination does not include enforcement of an otherwise valid dress code or policy, as long as the code or policy: (i) Provides, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of the individual; and (ii) Does not have a disproportionate adverse impact on members of a protected class to a greater extent than the policy impacts persons generally. (b) Race includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles as defined in ORS 659A.001. (2) A person may not be subjected to discrimination in any public elementary, secondary or community college education program or service, school or interschool activity or in any higher education program or service, school or interschool activity where the program, service, school or activity is financed in whole or in part by moneys appropriated by the Legislative Assembly. (3) The State Board of Education and the Higher Education Coordinating Commission shall establish rules necessary to ensure compliance with subsection (2) of this section in the manner required by ORS chapter 183. [Formerly 659.150; 2007 c.100 29; 2013 c.747 182; 2013 c.768 146; 2021 c.239 3; 2021 c.367 32]
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