ORS 352.218: Affirmative action plan; interview of qualified minority applicants; affirmative defense.

(1) As used in this section, “minority” means:

      (a) A person having origins in any of the black racial groups of Africa but who is not Hispanic;

      (b) A person of Hispanic culture or origin;

      (c) A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; or

      (d) An American Indian or Alaska Native having origins in any of the original peoples of North America.

      (2) Each public university listed in ORS 352.002 shall:

      (a) Consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of:

      (A) Reductions in revenue that necessitate discontinuance of the public university’s educational program at its anticipated level;

      (B) Elimination of classes due to decreased student enrollment; or

      (C) Reduction in courses due to administrative decisions.

      (b) Interview one or more qualified minority applicants when hiring a head coach or athletic director, unless the public university was unable to identify a qualified minority applicant who was willing to interview for the position. It is an affirmative defense to a claim of a violation of this paragraph that the public university, in good faith, was unable to identify a qualified minority applicant who was willing to interview for the position.