Effective April 10, 2026, it is now unlawful under the City of Portland’s civil rights code to discriminate in employment, housing, or places of public accommodation based on the “family or relationship structure.” The City of Portland joins a small number of jurisdictions that have expanded legal protections for a broad array of personal relationships. Both Oakland and Berkeley, California, passed similar laws prohibiting discrimination on the basis of relationship and family structure in 2024.
Portland’s Definition of “Family or Relationship Structure”
The new definition of “family or relationship structure,” adopted by the Portland City Council on March 11, 2026, includes “the actual or perceived involvement, or lack thereof, of consenting individuals in intimate personal relationships. Intimate personal relationships include, but are not limited to, multi-partner or multi-parent families and relationships, step-families, multi-generational households, diverse family structures, consensually nonmonogamous relationships, and consensual sexual and/or intimate relationships, including asexual and aromantic relationships.” This definition is broader than the definition of “familial status” found in state law, which includes individuals residing with minor children or in the process of securing legal custody of a minor.
Changes to Portland’s Civil Rights Code
The new City code expands protections for non-traditional relationships. For example, the new code prohibits Portland employers from discriminating against employees if the employer does not condone the employee’s lifestyle choice to be in a polyamorous relationship where more than two adults are in a consensual relationship without being married. The City code also prohibits businesses from refusing public services on the basis of family or relationship structure, such as restaurant service or other services available to the general public. Further, the code prohibits discrimination in the selling, renting, or leasing real property on the basis of multi-generational or diverse family structures or polyamorous families. Notably, landlords within Portland may need to revise their resident applications and policies to reflect these changes, including changing policies from a limit of “one family per rental unit” to a certain number of persons residing in a rental unit.
However, the City code does not limit the ability of a Portland employer offering health insurance coverage in connection with a group health plan to limit plan enrollment and benefits coverage to an employee, their spouse or domestic partner, and their dependent children.
Any person claiming to be aggrieved by an unlawful discriminatory act under the new protections may file a complaint with the Oregon Bureau of Labor and Industries (BOLI) or pursue a lawsuit in court.
We anticipate that religion-based employers and other religious organizations may file legal challenges to certain applications of the new code provisions, similar to cases in which religious beliefs conflict with legal protections based on sexual orientation and gender identity. We will keep you up to date on the latest developments.
Key Takeaways for Portland Employers
What this means for Portland employers and businesses and landlords now:
- Review current employee handbooks, business policies, and landlord rental applications and policies to ensure the definition of “family” is revised where necessary.
- Portland employers should train human resources and other pertinent staff on this new, broader definition of “family” and how it impacts leave policies, employer-provided PTO and sick leave policies and practices, and the breadth of “discrimination” claims.
These changes may present new compliance considerations for Portland employers. If you have questions about how they impact your workplace, our employment team is ready to assist.
The legal issues impacting this topic are and will continue to be ever-changing (Employment Law in Motion!), and since publication of this blog post, new or additional information not referenced in this blog post may be available.
This article is provided for informational purposes only—it does not constitute legal advice and does not create an attorney-client relationship between the firm and the reader. Readers should consult legal counsel before taking action relating to the subject matter of this article.
