2007 Oregon Code - Chapter 659a :: Chapter 659A - Unlawful Discrimination in Employment - Public Accommodations and Real Property Transactions - Administrative and Civil Enforcement
Chapter 659A
— Unlawful Discrimination in Employment,
Public
Accommodations and Real Property Transactions;
Administrative
and Civil Enforcement
2007 EDITION
UNLAWFUL DISCRIMINATION
LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION
DEFINITIONS
659A.001Â Definitions
PURPOSE AND POLICY
659A.003Â Purpose
of ORS chapter 659A
659A.006Â Declaration
of policy against unlawful discrimination; opportunity to obtain employment
without unlawful discrimination recognized as a civil right; exception of
religious group
659A.009Â Declaration
of policy against discrimination in employment because of age
659A.012Â State
agencies to carry out policy against discrimination in employment; evaluation
of supervisors; affirmative action reports
659A.015Â Affirmative
action reports to include information on contracts to minority businesses
UNLAWFUL EMPLOYMENT DISCRIMINATION BECAUSE OF RACE, RELIGION, COLOR, SEX,
NATIONAL ORIGIN, MARITAL STATUS OR AGE
659A.029 “Because
of sex” defined for ORS 659A.030
659A.030Â Discrimination
because of race, religion, color, sex, national origin, marital status or age
prohibited
UNLAWFUL EMPLOYMENT DISCRIMINATION AGAINST
INJURED WORKERS
(Unlawful Discrimination Against Injured
Workers)
659A.040Â Discrimination
against worker applying for workersÂ’ compensation benefits prohibited
659A.043Â Reinstatement
of injured worker to former position; certificate evidencing ability to work;
effect of collective bargaining agreement; termination of right to
reinstatement; when reinstatement right terminates
659A.046Â Reemployment
of injured worker in other available and suitable work; termination of right to
reemployment; effect of collective bargaining agreement
659A.049Â Rights
of reinstatement and reemployment protected
659A.052Â Reemployment
rights of injured state workers; rules
(Benefits for Injured State Workers and
Covered Dependents)
659A.060Â Definitions
for ORS 659A.060 to 659A.069
659A.063Â State
to continue group health benefits for injured worker and covered dependents;
when ended
659A.066Â Worker
may continue benefits after employerÂ’s obligation ends
659A.069Â Discrimination
against state worker applying for benefits under ORS 659A.060 to 659A.069
prohibited
UNLAWFUL DISCRIMINATION AGAINST PERSONS WITH
DISABILITIES
659A.100Â Definitions
for ORS 659A.100 to 659A.145
659A.103Â Policy
659A.106Â Employers
to whom ORS 659A.100 to 659A.145 apply
659A.109Â Discrimination
against worker for using procedures in ORS 659A.100 to 659A.145 prohibited
659A.112Â Employment
discrimination
659A.115Â Qualification
for position
659A.118Â Reasonable
accommodation
659A.121Â Undue
hardship
659A.124Â Illegal
use of drugs
659A.127Â Permitted
employer action
659A.130Â Conditions
that do not constitute impairment
659A.133Â Medical
examinations and inquiries of job applicants
659A.136Â Medical
examinations and inquiries of employees
659A.139Â Construction
of ORS 659A.112 to 659A.139
659A.142Â Discrimination
against person with disability by employment agency, labor organization, place
of public accommodation or state government prohibited; mental disorder
treatment not evidence of inability to manage property
659A.145Â Discrimination
against person with disability in real property transactions prohibited;
advertising discriminatory preference prohibited; when necessary modification
to be allowed; assisting discriminatory practices prohibited
FAMILY LEAVE
659A.150Â Definitions
for ORS 659A.150 to 659A.186
659A.153Â Covered
employers
659A.156Â Eligible
employees; exceptions
659A.159Â Purposes
for which family leave may be taken
659A.162Â Length
of leave; conditions; rules
659A.165Â Notice
to employer
659A.168Â Medical
verification and scheduling of treatment
659A.171Â Job
protection; benefits
659A.174Â Use
of paid leave
659A.177Â Special
rules for teachers
659A.180Â Postings
by employer
659A.183Â Denying
family leave to eligible employee prohibited; retaliation prohibited
659A.186Â Exclusivity
of provisions; construction
LEAVE TO ATTEND CRIMINAL PROCEEDING
659A.190Â Definitions
for ORS 659A.190 to 659A.198
659A.192Â Leave
to attend criminal proceeding; undue hardship on employer; scheduling criminal
proceeding
659A.194Â Denying
leave to employee prohibited; civil action
659A.196Â Notice
to employer; records confidential
659A.198Â Use
of paid leave
WHISTLEBLOWING
(Disclosures by Public Employees)
659A.200Â Definitions
for ORS 659A.200 to 659A.224
659A.203Â Prohibited
conduct by public employer
659A.206Â Effect
on public employerÂ’s authority over employees
659A.209Â Effect
on public record disclosures
659A.212Â Policy
on cooperation with law enforcement officials; duty to report person subject to
warrant for arrest
659A.215Â Remedies
not exclusive
659A.218Â Disclosure
of employeeÂ’s name without consent prohibited
659A.221Â Uniform
application to all public employers; optional procedure for disclosures; rules
659A.224Â Short
title
(Initiating or Aiding Administrative, Criminal
or Civil Proceeding)
659A.230Â Discrimination
for initiating or aiding in criminal or civil proceedings prohibited; remedies
not exclusive
659A.233Â Discrimination
for reporting certain violations or testifying at unemployment compensation
hearing prohibited
(Legislative Testimony)
659A.236Â Discrimination
for testifying before Legislative Assembly, committee or task force prohibited
UNLAWFUL EMPLOYMENT DISCRIMINATION RELATING
TO EMPLOYEE HOUSING
659A.250Â Definitions
for ORS 659A.250 to 659A.262
659A.253Â Restriction
of access to employee housing owned or controlled by employer prohibited;
telephone accessibility
659A.256Â Regulations
by employers concerning use and occupancy of employee housing; requirements;
notice
659A.259Â Eviction
from employee housing or discrimination against employee for reporting
violations of ORS 659A.250 to 659A.262 prohibited; enforcement
659A.262Â Warrant
on behalf of person entitled to access to housing; vacation of warrant; rules
LEAVE REQUIRED BECAUSE OF DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING
659A.270Â Definitions
for ORS 659A.270 to 659A.285
659A.272Â Employer
required to provide leave
659A.275Â Undue
hardship
659A.277Â Denying
leave to employee prohibited; civil action
659A.280Â Notice
to employer; records confidential
659A.285Â Use
of paid leave
MISCELLANEOUS UNLAWFUL EMPLOYMENT
DISCRIMINATION
(Prohibited Testing)
659A.300Â Requiring
breathalyzer, polygraph, psychological stress or brain-wave test or genetic
test prohibited; exceptions
659A.303Â Employer
prohibited from obtaining, seeking to obtain or using genetic information;
remedies
659A.306Â Requiring
employee to pay for medical examination as condition of continued employment
prohibited; exceptions
(Miscellaneous Provisions)
659A.309Â Discrimination
solely because of employment of another family member prohibited; exceptions
659A.312Â Leave
of absence to donate bone marrow; verification by employer
659A.315Â Restricting
use of tobacco in nonworking hours prohibited; exceptions
659A.318Â Discrimination
relating to academic degree in theology or religious occupations prohibited
659A.321Â Seniority
systems and benefit plans not unlawful employment practices
UNLAWFUL DISCRIMINATION IN PUBLIC
ACCOMMODATIONS
659A.400Â Place
of public accommodation defined
659A.403Â Discrimination
in place of public accommodation prohibited
659A.406Â Aiding
or abetting certain discrimination prohibited
659A.409Â Notice
that discrimination will be made in place of public accommodation prohibited;
age exceptions
UNLAWFUL DISCRIMINATION IN REAL PROPERTY
TRANSACTIONS
659A.420 “Purchaser”
defined for ORS 659A.421
659A.421Â Discrimination
in selling, renting or leasing real property prohibited
ADMINISTRATIVE ACTIONS FOR UNLAWFUL
DISCRIMINATION
(Enforcement Powers of Bureau of Labor and
Industries)
659A.800Â Elimination
and prevention of discrimination by Bureau of Labor and Industries; subpoenas
659A.805Â Rules
for carrying out ORS chapter 659A
659A.810Â Willful
interference with administration of law and violation of orders of commissioner
prohibited
659A.815Â Advisory
agencies and intergroup-relations councils
(Complaint, Investigation and Hearing
Procedures)
659A.820Â Complaints
659A.825Â Complaints
filed by Attorney General or commissioner; temporary cease and desist orders in
certain cases
659A.830Â Authority
of commissioner
659A.835Â Investigation;
finding of substantial evidence
659A.840Â Settlement
659A.845Â Formal
charges
659A.850Â Hearing;
orders
659A.855Â Civil
penalty for certain complaints filed by commissioner
659A.860Â Settlement
agreements and orders
659A.865Â Retaliatory
action prohibited
CIVIL ACTIONS FOR UNLAWFUL DISCRIMINATION
659A.870Â Election
of remedies
659A.875Â Time
limitations
659A.880Â Ninety-day
notice
659A.885Â Civil
action
659A.890Â Civil
action for violation of ORS 659A.865
PENALTIES
659A.990Â Penalties
DEFINITIONS
     659A.001
Definitions. As used in this
chapter:
     (1) “Bureau” means the Bureau of Labor and
Industries.
     (2) “Commissioner” means the Commissioner
of the Bureau of Labor and Industries.
     (3) “Employee” does not include any
individual employed by the individualÂ’s parents, spouse or child or in the
domestic service of any person.
     (4) “Employer” means any person who in
this state, directly or through an agent, engages or uses the personal service
of one or more employees, reserving the right to control the means by which
such service is or will be performed.
     (5) “Employment agency” includes any
person undertaking to procure employees or opportunities to work.
     (6)(a) “Familial status” means the
relationship between one or more individuals who have not attained 18 years of
age and who are domiciled with:
     (A) A parent or another person having
legal custody of the individual; or
     (B) The designee of the parent or other
person having such custody, with the written permission of the parent or other
person.
     (b) “Familial status” includes any
individual, regardless of age or domicile, who is pregnant or is in the process
of securing legal custody of an individual who has not attained 18 years of
age.
     (7) “Labor organization” includes any
organization which is constituted for the purpose, in whole or in part, of
collective bargaining or in dealing with employers concerning grievances, terms
or conditions of employment or of other mutual aid or protection in connection
with employees.
     (8) “National origin” includes ancestry.
     (9) “Person” includes one or more
individuals, partnerships, associations, labor organizations, limited liability
companies, joint stock companies, corporations, legal representatives,
trustees, trustees in bankruptcy or receivers. “Person” also includes a public
body as defined in ORS 30.260.
     (10) “Respondent” means any person against
whom a complaint or charge of an unlawful practice is filed with the
commissioner or whose name has been added to such complaint or charge pursuant
to ORS 659A.835.
     (11) “Unlawful employment practice” means
a practice specifically denominated as an unlawful employment practice in this
chapter. “Unlawful employment practice” includes a practice that is
specifically denominated in another statute of this state as an unlawful
employment practice and that is specifically made subject to enforcement under
this chapter.
     (12) “Unlawful practice” means any
unlawful employment practice or any other practice specifically denominated as
an unlawful practice in this chapter. “Unlawful practice” includes a practice
that is specifically denominated in another statute of this state as an
unlawful practice and that is specifically made subject to enforcement under
this chapter, or a practice that violates a rule adopted by the commissioner
for the enforcement of the provisions of this chapter. [2001 c.621 §1]
PURPOSE AND
POLICY
     659A.003
Purpose of ORS chapter 659A.
The purpose of this chapter is to encourage the fullest utilization of the
available workforce by removing arbitrary standards of race, religion, color,
sex, marital status, national origin or age as a barrier to employment of the
inhabitants of this state, and to ensure the human dignity of all people within
this state and protect their health, safety and morals from the consequences of
intergroup hostility, tensions and practices of unlawful discrimination of any
kind based on race, religion, color, sex, disability, marital status, national
origin or familial status. To accomplish this purpose, the Legislative Assembly
intends by this chapter to provide:
     (1) A program of public education
calculated to eliminate attitudes upon which practices of unlawful
discrimination because of race, religion, color, sex, disability, marital
status, national origin or familial status are based.
     (2) An adequate remedy for persons
aggrieved by certain acts of unlawful discrimination because of race, religion,
color, sex, disability, marital status, national origin or familial status, or
unreasonable acts of discrimination in employment based upon age.
     (3) An adequate administrative machinery
for the orderly resolution of complaints of unlawful discrimination through a
procedure involving investigation, conference, conciliation and persuasion, to
encourage the use in good faith of such machinery by all parties to a complaint
of unlawful discrimination and to discourage unilateral action that makes moot
the outcome of final administrative or judicial determination on the merits of
such a complaint. [Formerly 659.022; 2005 c.22 §467; 2007 c.903 §1]
     Note: The amendments to 659A.003 by section 2,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.003 by section 2, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.003, as amended by section
2, chapter 100, Oregon Laws 2007, and including amendments by section 1a,
chapter 903, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     659A.003. The purpose of this chapter is to encourage
the fullest utilization of the available workforce by removing arbitrary
standards of race, color, religion, sex, sexual orientation, national origin,
marital status, age or disability as a barrier to employment of the inhabitants
of this state, and to ensure the human dignity of all people within this state
and protect their health, safety and morals from the consequences of intergroup
hostility, tensions and practices of unlawful discrimination of any kind based
on race, color, religion, sex, sexual orientation, national origin, marital
status, age, disability or familial status. To accomplish this purpose, the
Legislative Assembly intends by this chapter to provide:
     (1) A program of public education
calculated to eliminate attitudes upon which practices of unlawful
discrimination because of race, color, religion, sex, sexual orientation, national
origin, marital status, age, disability or familial status are based.
     (2) An adequate remedy for persons
aggrieved by certain acts of unlawful discrimination because of race, color,
religion, sex, sexual orientation, national origin, marital status, disability
or familial status, or unreasonable acts of discrimination in employment based
upon age.
     (3) An adequate administrative machinery
for the orderly resolution of complaints of unlawful discrimination through a
procedure involving investigation, conference, conciliation and persuasion, to
encourage the use in good faith of the machinery by all parties to a complaint
of unlawful discrimination and to discourage unilateral action that makes moot
the outcome of final administrative or judicial determination on the merits of
the complaint.
     Note: Section 16, chapter 903, Oregon Laws 2007,
provides:
     Sec.
16. The amendments to ORS
90.390, 659A.003, 659A.006, 659A.145, 659A.421, 659A.805, 659A.820, 659A.830,
659A.835, 659A.845, 659A.850, 659A.855, 659A.870 and 659A.885 by sections 1 to
14 of this 2007 Act and the repeal of ORS 659A.424 by sections 15 and 15a of
this 2007 Act apply to conduct occurring on or after the effective date of this
2007 Act [January 1, 2008]. [2007 c.903 §16]
     Note: Chapter 100, Oregon Laws 2007, is the
subject of a referendum petition that may be filed with the Secretary of State
not later than September 26, 2007. If the referendum petition is filed with the
required number of signatures of electors, chapter 100, Oregon Laws 2007, will
be submitted to the people for their approval or rejection at the regular
general election held on November 4, 2008. If approved by the people at the
general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008.
If the referendum petition is not filed with the Secretary of State or does not
contain the required number of signatures of electors, chapter 100, Oregon Laws
2007, takes effect January 1, 2008. Section 42, chapter 100, Oregon Laws 2007,
as amended by section 17, chapter 903, Oregon Laws 2007, provides:
     Sec.
42. The amendments to ORS
10.030, 20.107, 30.860, 93.270, 109.035, 166.155, 166.165, 174.100, 179.750,
192.630, 240.306, 338.125, 353.100, 418.648, 418.925, 421.352, 430.550,
443.739, 458.505, 659.850, 659A.003, 659A.006, 659A.030, 659A.403, 659A.406,
659A.409, 659A.421, 659A.805, 659A.815, 659A.885, 660.139 and 744.353 by
sections 1 to 31, 33 and 34, chapter 100, Oregon Laws 2007, and the repeal of
ORS 236.380 by section 32, chapter 100, Oregon Laws 2007, may be cited as the
Oregon Equality Act. [2007 c.100 §42; 2007 c.903 §17]
     659A.006
Declaration of policy against unlawful discrimination; opportunity to obtain
employment without unlawful discrimination recognized as a civil right; exception
of religious group. (1) It
is declared to be the public policy of Oregon that practices of unlawful
discrimination against any of its inhabitants because of race, religion, color,
sex, marital status, national origin, age, disability or familial status are a
matter of state concern and that such discrimination threatens not only the
rights and privileges of its inhabitants but menaces the institutions and
foundation of a free democratic state.
     (2) The opportunity to obtain employment
without unlawful discrimination because of race, religion, color, sex, marital
status, national origin, age or disability hereby is recognized as and declared
to be a civil right. However, this section shall not be construed to prevent a
bona fide church or sectarian religious institution, including but not limited
to a school, hospital or church camp, from preferring an employee or applicant
for employment of one religious sect or persuasion over another when:
     (a) That religious sect or persuasion to
which the employee or applicant belongs is the same as that of such church or
institution;
     (b) In the opinion of such bona fide
church or sectarian religious institution, such a preference will best serve
the purposes of such church or institution; and
     (c) The employment involved is closely
connected with or related to the primary purposes of the church or institution
and is not connected with a commercial or business activity which has no
necessary relationship to the church or institution, or to its primary
purposes. [Formerly 659.020; 2007 c.903 §2]
     Note: The amendments to 659A.006 by section 3,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.006 by section 3, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.006, as amended by section
3, chapter 100, Oregon Laws 2007, and including amendments by section 2,
chapter 903, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     659A.006. (1) It is declared to be the public policy of
Oregon that practices of unlawful discrimination against any of its inhabitants
because of race, color, religion, sex, sexual orientation, national origin,
marital status, age, disability or familial status are a matter of state
concern and that this discrimination not only threatens the rights and
privileges of its inhabitants but menaces the institutions and foundation of a
free democratic state.
     (2) The opportunity to obtain employment
or housing or to use and enjoy places of public accommodation without unlawful
discrimination because of race, color, religion, sex, sexual orientation,
national origin, marital status, age or disability hereby is recognized as and
declared to be a civil right.
     (3) It is not an unlawful practice for a
bona fide church or other religious institution to take any action with respect
to housing or the use of facilities based on a bona fide religious belief about
sexual orientation as long as the housing or the use of facilities is closely
connected with or related to the primary purposes of the church or institution
and is not connected with a commercial or business activity that has no
necessary relationship to the church or institution.
     (4) It is not an unlawful employment
practice for a bona fide church or other religious institution, including but
not limited to a school, hospital or church camp, to prefer an employee, or an
applicant for employment, of one religious sect or persuasion over another if:
     (a) The religious sect or persuasion to
which the employee or applicant belongs is the same as that of the church or
institution;
     (b) In the opinion of the church or
institution, the preference will best serve the purposes of the church or
institution; and
     (c) The employment involved is closely
connected with or related to the primary purposes of the church or institution
and is not connected with a commercial or business activity that has no
necessary relationship to the church or institution.
     (5) It is not an unlawful employment
practice for a bona fide church or other religious institution to take any
employment action based on a bona fide religious belief about sexual
orientation:
     (a) In employment positions directly
related to the operation of a church or other place of worship, such as clergy,
religious instructors and support staff;
     (b) In employment positions in a nonprofit
religious school, nonprofit religious camp, nonprofit religious day care
center, nonprofit religious thrift store, nonprofit religious bookstore,
nonprofit religious radio station or nonprofit religious shelter; or
     (c) In other employment positions that
involve religious activities, as long as the employment involved is closely
connected with or related to the primary purposes of the church or institution
and is not connected with a commercial or business activity that has no
necessary relationship to the church or institution.
     Note: See second note under 659A.003.
     659A.009
Declaration of policy against discrimination in employment because of age. It is declared to be the public policy of
    Â
     (2) To achieve the public policy of the
State of Oregon for persons in the state to attain employment and advancement
without discrimination because of race, religion, color, sex, marital status,
national origin, age or disability, every state agency shall be required to
present the affirmative action objectives and performance of that agency of the
current biennium and those for the following biennium to the Governor of the
State of Oregon and to the Legislative Assembly. These plans shall be reviewed
as part of the budget review process. [Formerly 659.025]
     659A.015
Affirmative action reports to include information on contracts to minority
businesses. In carrying out
the policy of affirmative action, every state agency shall include in its
affirmative action reports under ORS 659A.012 information concerning its awards
of construction, service and personal service contracts awarded to minority
businesses. [Formerly 659.027]
UNLAWFUL
EMPLOYMENT DISCRIMINATION BECAUSE OF RACE, RELIGION, COLOR, SEX, NATIONAL
ORIGIN, MARITAL STATUS OR AGE
     659A.029
“Because of sex” defined for ORS 659A.030. For purposes of ORS 659A.030, the phrase “because of sex” includes,
but is not limited to, because of pregnancy, childbirth and related medical
conditions or occurrences. Women affected by pregnancy, childbirth or related
medical conditions or occurrences shall be treated the same for all
employment-related purposes, including receipt of benefits under fringe benefit
programs, as other persons not so affected but similar in their ability or
inability to work by reason of physical condition, and nothing in this section
shall be interpreted to permit otherwise. [Formerly 659.029]
     659A.030
Discrimination because of race, religion, color, sex, national origin, marital
status or age prohibited.
(1) It is an unlawful employment practice:
     (a) For an employer, because of an
individualÂ’s race, religion, color, sex, national origin, marital status or age
if the individual is 18 years of age or older or because of the race, religion,
color, sex, national origin, marital status or age of any other person with
whom the individual associates, or because of a juvenile record, that has been
expunged pursuant to ORS 419A.260 and 419A.262, of any individual, to refuse to
hire or employ or to bar or discharge from employment such individual. However,
discrimination is not an unlawful employment practice if such discrimination
results from a bona fide occupational requirement reasonably necessary to the
normal operation of the employerÂ’s business.
     (b) For an employer, because of an
individualÂ’s race, religion, color, sex, national origin, marital status or age
if the individual is 18 years of age or older, or because of the race,
religion, color, sex, national origin, marital status or age of any other
person with whom the individual associates, or because of a juvenile record,
that has been expunged pursuant to ORS 419A.260 and 419A.262, of any
individual, to discriminate against such individual in compensation or in
terms, conditions or privileges of employment.
     (c) For a labor organization, because of
an individualÂ’s race, religion, color, sex, national origin, marital status or
age if the individual is 18 years of age or older or because of a juvenile
record, that has been expunged pursuant to ORS 419A.260 and 419A.262, of any
individual to exclude or to expel from its membership such individual or to
discriminate in any way against any such individual or any other person.
     (d) For any employer or employment agency
to print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form of application for employment
or to make any inquiry in connection with prospective employment which
expresses directly or indirectly any limitation, specification or
discrimination as to an individualÂ’s race, religion, color, sex, national
origin, marital status or age if the individual is 18 years of age or older or
on the basis of an expunged juvenile record, or any intent to make any such
limitation, specification or discrimination, unless based upon a bona fide occupational
qualification. But identifying employees according to race, religion, color,
sex, national origin, marital status, or age does not violate this section
unless the Commissioner of the Bureau of Labor and Industries, after a hearing
conducted pursuant to ORS 659A.805, determines that such a designation
expresses an intent to limit, specify or discriminate on the basis of race,
religion, color, sex, national origin, marital status or age.
     (e) For an employment agency to classify
or refer for employment, or to fail or refuse to refer for employment, or
otherwise to discriminate against any individual:
     (A) On the basis of the individual’s race,
color, national origin, sex, religion, marital status or age, if the individual
is 18 years of age or older;
     (B) Because of the race, color, national
origin, sex, religion, marital status or age of any other person with whom the
individual associates; or
     (C) Because of a juvenile record, that has
been expunged pursuant to ORS 419A.260 and 419A.262.
However, it
is not an unlawful employment practice for an employment agency to classify or
refer for employment any individual where such classification or referral
results from a bona fide occupational requirement reasonably necessary to the
normal operation of the employerÂ’s business.
     (f) For any person to discharge, expel or
otherwise discriminate against any other person because that other person has
opposed any unlawful practice, or because that other person has filed a
complaint, testified or assisted in any proceeding under this chapter or has
attempted to do so.
     (g) For any person, whether an employer or
an employee, to aid, abet, incite, compel or coerce the doing of any of the
acts forbidden under this chapter or to attempt to do so.
     (2) The provisions of this section apply
to an apprentice under ORS 660.002 to 660.210, but the selection of an
apprentice on the basis of the ability to complete the required apprenticeship
training before attaining the age of 70 years is not an unlawful employment
practice. The commissioner shall administer this section with respect to
apprentices under ORS 660.002 to 660.210 equally with regard to all employees
and labor organizations.
     (3) The compulsory retirement of employees
required by law at any age is not an unlawful employment practice if lawful
under federal law.
     (4)(a) It is not an unlawful employment
practice for an employer or labor organization to provide or make financial
provision for child care services of a custodial or other nature to its
employees or members who are responsible for a minor child.
     (b) As used in this subsection, “responsible
for a minor child” means having custody or legal guardianship of a minor child
or acting in loco parentis to the child. [Formerly 659.030]
     Note: The amendments to 659A.030 by section 4,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of electors,
chapter 100, Oregon Laws 2007, will be submitted to the people for their
approval or rejection at the regular general election held on November 4, 2008.
If approved by the people at the general election, chapter 100, Oregon Laws
2007, takes effect December 4, 2008. If the referendum petition is not filed
with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.030 by section 4, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.030, as amended by section
4, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     659A.030. (1) It is an unlawful employment practice:
     (a) For an employer, because of an
individualÂ’s race, color, religion, sex, sexual orientation, national origin,
marital status or age if the individual is 18 years of age or older, or because
of the race, color, religion, sex, sexual orientation, national origin, marital
status or age of any other person with whom the individual associates, or
because of an individualÂ’s juvenile record that has been expunged pursuant to
ORS 419A.260 and 419A.262, to refuse to hire or employ the individual or to bar
or discharge the individual from employment. However, discrimination is not an
unlawful employment practice if the discrimination results from a bona fide
occupational qualification reasonably necessary to the normal operation of the
employerÂ’s business.
     (b) For an employer, because of an
individualÂ’s race, color, religion, sex, sexual orientation, national origin,
marital status or age if the individual is 18 years of age or older, or because
of the race, color, religion, sex, sexual orientation, national origin, marital
status or age of any other person with whom the individual associates, or
because of an individualÂ’s juvenile record that has been expunged pursuant to
ORS 419A.260 and 419A.262, to discriminate against the individual in
compensation or in terms, conditions or privileges of employment.
     (c) For a labor organization, because of
an individualÂ’s race, color, religion, sex, sexual orientation, national
origin, marital status or age if the individual is 18 years of age or older, or
because of an individualÂ’s juvenile record that has been expunged pursuant to
ORS 419A.260 and 419A.262, to exclude or to expel from its membership the
individual or to discriminate in any way against the individual or any other
person.
     (d) For any employer or employment agency
to print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form of application for employment
or to make any inquiry in connection with prospective employment that expresses
directly or indirectly any limitation, specification or discrimination as to an
individualÂ’s race, color, religion, sex, sexual orientation, national origin,
marital status or age if the individual is 18 years of age or older, or on the
basis of an expunged juvenile record, or any intent to make any such
limitation, specification or discrimination, unless based upon a bona fide
occupational qualification. Identification of prospective employees according
to race, color, religion, sex, sexual orientation, national origin, marital
status or age does not violate this section unless the Commissioner of the
Bureau of Labor and Industries, after a hearing conducted pursuant to ORS
659A.805, determines that the designation expresses an intent to limit, specify
or discriminate on the basis of race, color, religion, sex, sexual orientation,
national origin, marital status or age.
     (e) For an employment agency, because of
an individualÂ’s race, color, religion, sex, sexual orientation, national
origin, marital status or age if the individual is 18 years of age or older, or
because of the race, color, religion, sex, sexual orientation, national origin,
marital status or age of any other person with whom the individual associates,
or because of an individualÂ’s juvenile record that has been expunged pursuant
to ORS 419A.260 and 419A.262, to classify or refer for employment, or to fail
or refuse to refer for employment, or otherwise to discriminate against the
individual. However, it is not an unlawful employment practice for an
employment agency to classify or refer for employment an individual when the
classification or referral results from a bona fide occupational qualification
reasonably necessary to the normal operation of the employerÂ’s business.
     (f) For any person to discharge, expel or
otherwise discriminate against any other person because that other person has
opposed any unlawful practice, or because that other person has filed a
complaint, testified or assisted in any proceeding under this chapter or has
attempted to do so.
     (g) For any person, whether an employer or
an employee, to aid, abet, incite, compel or coerce the doing of any of the
acts forbidden under this chapter or to attempt to do so.
     (2) The provisions of this section apply
to an apprentice under ORS 660.002 to 660.210, but the selection of an
apprentice on the basis of the ability to complete the required apprenticeship
training before attaining the age of 70 years is not an unlawful employment
practice. The commissioner shall administer this section with respect to
apprentices under ORS 660.002 to 660.210 equally with regard to all employees
and labor organizations.
     (3) The compulsory retirement of employees
required by law at any age is not an unlawful employment practice if lawful
under federal law.
     (4)(a) It is not an unlawful employment
practice for an employer or labor organization to provide or make financial
provision for child care services of a custodial or other nature to its
employees or members who are responsible for a minor child.
     (b) As used in this subsection, “responsible
for a minor child” means having custody or legal guardianship of a minor child
or acting in loco parentis to the child.
     (5) This section does not prohibit an
employer from enforcing an otherwise valid dress code or policy, as long as the
employer provides, on a case-by-case basis, for reasonable accommodation of an
individual based on the health and safety needs of the individual.
UNLAWFUL
EMPLOYMENT DISCRIMINATION AGAINST INJURED WORKERS
(Unlawful
Discrimination Against Injured Workers)
     659A.040
Discrimination against worker applying for workersÂ’ compensation benefits
prohibited. (1) It is an
unlawful employment practice for an employer to discriminate against a worker
with respect to hire or tenure or any term or condition of employment because
the worker has applied for benefits or invoked or utilized the procedures
provided for in ORS chapter 656 or has given testimony under the provisions of
those laws.
     (2) This section applies only to employers
who employ six or more persons. [2001 c.621 §32]
     659A.043
Reinstatement of injured worker to former position; certificate evidencing
ability to work; effect of collective bargaining agreement; termination of
right to reinstatement; when reinstatement right terminates. (1) A worker who has sustained a compensable
injury shall be reinstated by the workerÂ’s employer to the workerÂ’s former
position of employment upon demand for such reinstatement, if the position
exists and is available and the worker is not disabled from performing the
duties of such position. A workerÂ’s former position is available even if that
position has been filled by a replacement while the injured worker was absent.
If the former position is not available, the worker shall be reinstated in any
other existing position that is vacant and suitable. A certificate by the
attending physician or a nurse practitioner authorized to provide compensable
medical services under ORS 656.245 that the physician or nurse practitioner
approves the workerÂ’s return to the workerÂ’s regular employment or other
suitable employment shall be prima facie evidence that the worker is able to
perform such duties.
     (2) Such right of reemployment shall be
subject to the provisions for seniority rights and other employment
restrictions contained in a valid collective bargaining agreement between the
employer and a representative of the employerÂ’s employees.
     (3) Notwithstanding subsection (1) of this
section:
     (a) The right to reinstatement to the
workerÂ’s former position under this section terminates when whichever of the
following events first occurs:
     (A) A medical determination by the attending
physician or, after an appeal of such determination to a medical arbiter or
panel of medical arbiters pursuant to ORS chapter 656, has been made that the
worker cannot return to the former position of employment.
     (B) The worker is eligible and participates
in vocational assistance under ORS 656.340.
     (C) The worker accepts suitable employment
with another employer after becoming medically stationary.
     (D) The worker refuses a bona fide offer
from the employer of light duty or modified employment that is suitable prior
to becoming medically stationary.
     (E) Seven days elapse from the date that
the worker is notified by the insurer or self-insured employer by certified
mail that the workerÂ’s attending physician or a nurse practitioner authorized
to provide compensable medical services under ORS 656.245 has released the
worker for employment unless the worker requests reinstatement within that time
period.
     (F) Three years elapse from the date of
injury.
     (b) The right to reinstatement under this
section does not apply to:
     (A) A worker hired on a temporary basis as
a replacement for an injured worker.
     (B) A seasonal worker employed to perform
less than six monthsÂ’ work in a calendar year.
     (C) A worker whose employment at the time
of injury resulted from referral from a hiring hall operating pursuant to a
collective bargaining agreement.
     (D) A worker whose employer employs 20 or
fewer workers at the time of the workerÂ’s injury and at the time of the workerÂ’s
demand for reinstatement.
     (4) Notwithstanding ORS 659A.165, a worker
who refuses an offer of employment under subsection (3)(a)(D) of this section
and who otherwise is entitled to family leave under ORS 659A.150 to 659A.186:
     (a) Automatically commences a period of
family leave under ORS 659A.150 to 659A.186 upon refusing the offer of
employment; and
     (b) Need not give additional written or
oral notice to the employer that the employee is commencing a period of family
leave.
     (5) Any violation of this section is an
unlawful employment practice. [Formerly 659.415; 2003 c.811 §§21,22; 2005 c.22 §§469,470;
2007 c.365 §11; 2007 c.633 §§4,5]
     Note: Section 8, chapter 633, Oregon Laws 2007,
provides:
     Sec.
8. The amendments to ORS
659A.043 and 659A.046 by sections 4 to 7 of this 2007 Act apply only to refusals
of employment under ORS 659A.043 (3)(a)(D) and 659A.046 (3)(d) that occur after
the effective date of this 2007 Act [January 1, 2008]. [2007 c.633 §8]
     659A.046
Reemployment of injured worker in other available and suitable work;
termination of right to reemployment; effect of collective bargaining
agreement. (1) A worker who
has sustained a compensable injury and is disabled from performing the duties
of the workerÂ’s former regular employment shall, upon demand, be reemployed by
the workerÂ’s employer at employment which is available and suitable.
     (2) A certificate of the worker’s
attending physician or a nurse practitioner authorized to provide compensable
medical services under ORS 656.245 that the worker is able to perform described
types of work shall be prima facie evidence of such ability.
     (3) Notwithstanding subsection (1) of this
section, the right to reemployment under this section terminates when whichever
of the following events first occurs:
     (a) The worker cannot return to
reemployment at any position with the employer either by determination of the
attending physician or a nurse practitioner authorized to provide compensable
medical services under ORS 656.245 or upon appeal of that determination, by
determination of a medical arbiter or panel of medical arbiters pursuant to ORS
chapter 656.
     (b) The worker is eligible and
participates in vocational assistance under ORS 656.340.
     (c) The worker accepts suitable employment
with another employer after becoming medically stationary.
     (d) The worker refuses a bona fide offer
from the employer of light duty or modified employment that is suitable prior
to becoming medically stationary.
     (e) Seven days elapse from the date that
the worker is notified by the insurer or self-insured employer by certified
mail that the workerÂ’s attending physician or a nurse practitioner authorized
to provide compensable medical services under ORS 656.245 has released the
worker for reemployment unless the worker requests reemployment within that
time period.
     (f) Three years elapse from the date of
injury.
     (4) Such right of reemployment shall be
subject to the provisions for seniority rights and other employment
restrictions contained in a valid collective bargaining agreement between the
employer and a representative of the employerÂ’s employees.
     (5) Notwithstanding ORS 659A.165, a worker
who refuses an offer of employment under subsection (3)(d) of this section and
who otherwise is entitled to family leave under ORS 659A.150 to 659A.186:
     (a) Automatically commences a period of
family leave under ORS 659A.150 to 659A.186 upon refusing the offer of
employment; and
     (b) Need not give additional written or
oral notice to the employer that the employee is commencing a period of family
leave.
     (6) Any violation of this section is an
unlawful employment practice.
     (7) This section applies only to employers
who employ six or more persons. [Formerly 659.420; 2003 c.811 §§23,24; 2007
c.365 §12; 2007 c.633 §§6,7]
     Note: See note under 659A.043.
     659A.049
Rights of reinstatement and reemployment protected. The rights of reinstatement afforded by ORS
659A.043 and 659A.046 shall not be forfeited if the worker refuses to return to
the workerÂ’s regular or other offered employment without release to such
employment by the workerÂ’s attending physician or a nurse practitioner
authorized to provide compensable medical services under ORS 656.245. [Formerly
659.417; 2003 c.811 §§25,26; 2007 c.365 §13]
     659A.052
Reemployment rights of injured state workers; rules. (1) For the purpose of administration of ORS
659A.043 and 659A.046:
     (a) An injured worker employed at the time
of injury by any agency in the legislative department of the government of this
state shall have the right to reinstatement or reemployment at any available
and suitable position in any agency in the legislative department.
     (b) An injured worker employed at the time
of injury by any agency in the judicial department of the government of this
state shall have the right to reinstatement or reemployment at any available
and suitable position in any agency in the judicial department.
     (c) An injured worker employed at the time
of injury by any agency of the executive or administrative department of the
government of this state shall have the right to reinstatement or reemployment
at any available and suitable position in any agency of the executive or
administrative department.
     (2) Notwithstanding ORS 659A.043 and
659A.046, an injured worker referred to in subsection (1) of this section has
preference for entry level and light duty assignments with agencies described
in subsection (1) of this section. In accordance with the provisions of ORS
chapter 183, any agency referred to in subsection (1) of this section may adopt
rules to define entry level and light duty assignments. However, the rulemaking
power for all agencies referred to in subsection (1)(c) of this section shall
be exercised by the Administrator of the Personnel Division.
     (3) In accordance with any applicable
provision of ORS chapter 240, the Administrator of the Personnel Division may
compel compliance with this section and ORS 659A.043 and 659A.046 by any agency
referred to in subsection (1)(c) of this section. [Formerly 659.412; 2005 c.22 §471]
(Benefits for
Injured State Workers and Covered Dependents)
     659A.060
Definitions for ORS 659A.060 to 659A.069. As used in ORS 659A.060 to 659A.069, unless the context requires
otherwise:
     (1) “Group health benefits” means that
form of health benefits provided by the State of
     (2) “Worker” means any state employee who
has filed a workersÂ’ compensation claim pursuant to ORS chapter 656. [Formerly
659.450]
    Â
     (a) The worker’s attending physician or a
nurse practitioner authorized to provide compensable medical services under ORS
656.245 has determined the worker to be medically stationary and a notice of
closure has been entered;
     (b) The worker returns to work for the
State of Oregon, after a period of continued coverage under this section, and
satisfies any probationary or minimum work requirement to be eligible for group
health benefits;
     (c) The worker takes full or part-time
employment with another employer that is comparable in terms of the number of
hours per week the worker was employed with the State of
     (d) Twelve months have elapsed since the
date the State of
     (e) The claim is denied and the claimant
fails to appeal within the time provided by ORS 656.319 or the WorkersÂ’
Compensation Board or a workersÂ’ compensation hearings referee or a court
issues an order finding the claim is not compensable;
     (f) The worker does not pay the required
premium or portion thereof in a timely manner in accordance with the terms and
conditions under this section;
     (g) The worker elects to discontinue
coverage under this section and notifies the State of
     (h) The worker’s attending physician or a
nurse practitioner authorized to provide compensable medical services under ORS
656.245 has released the worker to modified or regular work, the work has been
offered to the worker and the worker refuses to return to work; or
     (i) The worker has been terminated from
employment for reasons unrelated to the workersÂ’ compensation claim.
     (2) If the workers’ compensation claim of
a worker for whom health benefits are provided pursuant to subsection (1) of
this section is denied and the worker does not appeal or the worker appeals and
does not prevail, the State of Oregon may recover from the worker the amount of
the premiums plus interest at the rate authorized by ORS 82.010. The State of
     (3) The State of Oregon shall notify the
worker of the provisions of ORS 659A.060 to 659A.069, and of the remedies
available for breaches of ORS 659A.060 to 659A.069, within a reasonable time
after the State of Oregon receives notice that the worker will be absent from
work as a result of an injury or illness for which a workersÂ’ compensation
claim has been filed pursuant to ORS chapter 656. The notice from the State of
     (4) If the worker fails to make timely
payment of any premium contribution owing, the State of
     (5) It is an unlawful employment practice
for the State of Oregon to discriminate against a worker, as defined in ORS
659A.060, by terminating the workerÂ’s group health benefits while that worker
is absent from the place of employment as a result of an injury or illness for
which a workersÂ’ compensation claim has been filed pursuant to ORS chapter 656,
except as provided for in this section. [Formerly 659.455; 2003 c.811 §§27,28;
2007 c.365 §14]
     659A.066
Worker may continue benefits after employerÂ’s obligation ends. If the State of
     659A.069
Discrimination against state worker applying for benefits under ORS 659A.060 to
659A.069 prohibited. It is
an unlawful employment practice for the State of Oregon to discriminate against
a worker with respect to hire or tenure or any term or condition of employment
because the worker has applied for benefits or invoked or utilized the
procedures provided for in ORS 659A.060 to 659A.069 or has given testimony
under the provisions of those laws. [2001 c.621 §34]
UNLAWFUL
DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
     659A.100
Definitions for ORS 659A.100 to 659A.145. (1) As used in ORS 659A.100 to 659A.145, unless the context requires
otherwise:
     (a) “Drug” means a controlled substance,
as classified in schedules I through V of section 202 of the Controlled
Substances Act, 21 U.S.C.A. 812, as amended, and as modified under ORS 475.035.
     (b) “Illegal use of drugs” means any use
of drugs, the possession or distribution of which is unlawful under state law
or under the Controlled Substances Act, 21 U.S.C.A. 812, as amended, but does
not include the use of a drug taken under supervision of a licensed health care
professional, or other uses authorized under the Controlled Substances Act or
under other provisions of state or federal law.
     (c) “Person with a disability” means an
individual who has a physical or mental impairment that substantially limits
one or more major life activities, has a record of such an impairment or is
regarded as having such an impairment.
     (d) “State government” has the meaning
given that term in ORS 174.111.
     (2) As used in subsection (1) of this section:
     (a) “Major life activity” includes but is
not limited to self-care, ambulation, communication, transportation, education,
socialization, employment and ability to acquire, rent or maintain property.
     (b) “Has a record of such an impairment”
means that the individual has a history of, or has been misclassified as
having, a mental or physical impairment that substantially limits one or more
major life activities.
     (c) “Is regarded as having such an
impairment” means that the individual:
     (A) Has a physical or mental impairment
that does not substantially limit major life activities but is treated by an
employer or supervisor as having such a limitation;
     (B) Has a physical or mental impairment
that substantially limits major life activities only as a result of the
attitude of others toward such impairment; or
     (C) Has none of the impairments described
in subparagraph (A) or (B) of this paragraph, but is treated by an employer or
supervisor as having a mental or physical impairment that substantially limits
one or more major life activities.
     (d) “Substantially limits” means:
     (A) The impairment renders the individual
unable to perform a major life activity that the average person in the general
population can perform; or
     (B) The impairment significantly restricts
the condition, manner or duration under which an individual can perform a
particular major life activity as compared to the condition, manner or duration
under which the average person in the general population can perform the same
major life activity. [Formerly 659.400; 2003 c.254 §1; 2007 c.70 §289]
     659A.103
Policy. (1) It is declared
to be the public policy of Oregon to guarantee persons with disabilities the
fullest possible participation in the social and economic life of the state, to
engage in remunerative employment, to use and enjoy places of public
accommodation, resort or amusement, to participate in and receive the benefits
of the services, programs and activities of state government and to secure
housing accommodations of their choice, without discrimination.
     (2) The right to otherwise lawful
employment without discrimination because of disability where the reasonable
demands of the position do not require such a distinction, and the right to use
and enjoy places of public accommodation, resort or amusement, to participate
in and receive the benefits of the services, programs and activities of state
government and to purchase or rent property without discrimination because of
disability, are hereby recognized and declared to be the rights of all the
people of this state. It is hereby declared to be the policy of the State of
     659A.106
Employers to whom ORS 659A.100 to 659A.145 apply. The requirements of ORS 659A.100 to 659A.145
apply only to employers who employ six or more persons. The requirements of ORS
659A.100 to 659A.145 do not apply to the Oregon National Guard. [2001 c.621 §23]
     659A.109
Discrimination against worker for using procedures in ORS 659A.100 to 659A.145
prohibited. It is an
unlawful employment practice for an employer to discriminate against a worker
with respect to hire or tenure or any term or condition of employment because
the worker has applied for benefits or invoked or utilized the procedures
provided for in ORS 659A.100 to 659A.145 or has given testimony under the
provisions of such sections. [Formerly 659.410]
     659A.112
Employment discrimination.
(1) It is an unlawful employment practice for any employer to refuse to hire,
employ or promote, to bar or discharge from employment or to discriminate in
compensation or in terms, conditions or privileges of employment because an
otherwise qualified person is a person with a disability.
     (2) An employer violates subsection (1) of
this section if the employer does any of the following:
     (a) The employer limits, segregates or
classifies a job applicant or employee in a way that adversely affects the
opportunities or status of the applicant or employee because the applicant or
employee is a person with a disability.
     (b) The employer participates in a
contractual or other arrangement or relationship that has the effect of
subjecting an otherwise qualified job applicant or employee who is a person
with a disability to the discrimination prohibited by ORS 659A.112 to 659A.139,
including but not limited to participating in a relationship with an employment
or referral agency, a labor union, an organization providing fringe benefits to
an employee of the employer, or an organization providing training and
apprenticeship programs.
     (c) The employer utilizes standards,
criteria or methods of administration that have the effect of discrimination on
the basis of disability, or that perpetuate the discrimination of others who
are subject to common administrative control.
     (d) The employer excludes or otherwise
denies equal jobs or benefits to an otherwise qualified person because the
person is known to have a relationship or association with a person with a
disability.
     (e) The employer does not make reasonable
accommodation to the known physical or mental limitations of an otherwise
qualified person with a disability who is a job applicant or employee, unless
the employer can demonstrate that the accommodation would impose an undue
hardship on the operation of the business of the employer.
     (f) The employer denies employment
opportunities to a job applicant or employee who is an otherwise qualified
person with a disability, if the denial is based on the need of the employer to
make reasonable accommodation to the physical or mental impairments of the
employee or applicant.
     (g) The employer uses qualification
standards, employment tests or other selection criteria that screen out or tend
to screen out a person with a disability or a class of persons with
disabilities unless the standard, test or other selection criterion, as used by
the employer, is shown to be job-related for the position in question and is
consistent with business necessity.
     (h) The employer fails to select and
administer tests relating to employment in the most effective manner to ensure
that when the test is administered to a job applicant or employee who has a
disability that impairs sensory, manual or speaking skills, the test results
accurately reflect the skills, aptitude or other characteristics of the
applicant or employee that the test purports to measure, rather than reflecting
the impaired sensory, manual or speaking skills of the employee or applicant.
The provisions of this paragraph do not limit the ability of an employer to
select or administer tests designed to measure sensory, manual or speaking
skills of an employee or job applicant. [Formerly 659.436; 2007 c.70 §291]
     659A.115
Qualification for position.
For the purposes of ORS 659A.112, a person with a disability is otherwise
qualified for a position if the person, with or without reasonable
accommodation, can perform the essential functions of the position. For the
purpose of determining the essential functions of the position, due
consideration shall be given to the employerÂ’s determination as to the
essential functions of a position. If an employer has prepared a written
description before advertising or interviewing applicants for a job, the
position description shall be considered evidence of the essential functions of
the job. [Formerly 659.437; 2007 c.70 §292]
     659A.118
Reasonable accommodation.
(1) For the purposes of ORS 659A.112, reasonable accommodation of an otherwise
qualified person with a disability may include:
     (a) Making existing facilities used by
employees readily accessible to and usable by persons with disabilities.
     (b) Job restructuring, part-time or
modified work schedules or reassignment to a vacant position.
     (c) Acquisition or modification of
equipment or devices.
     (d) Appropriate adjustment or modification
of examinations, training materials or policies.
     (e) The provision of qualified readers or
interpreters.
     (2) Notwithstanding any other provision of
ORS 659A.100 to 659A.145, an employer may not be found to have engaged in an
unlawful employment practice solely because the employer fails to provide
reasonable accommodation to a person with a disability arising out of
transsexualism. [Formerly 659.439; 2007 c.70 §293]
     659A.121
Undue hardship. (1) For the
purposes of ORS 659A.112, an accommodation imposes an undue hardship on the
operation of the business of the employer if the accommodation requires
significant difficulty or expense.
     (2) For the purpose of determining whether
an accommodation requires significant difficulty or expense, the following
factors shall be considered:
     (a) The nature and the cost of the
accommodation needed.
     (b) The overall financial resources of the
facility or facilities involved in the provision of the accommodation, the
number of persons employed at the facility and the effect on expenses and
resources or other impacts on the operation of the facility caused by the
accommodation.
     (c) The overall financial resources of the
employer, the overall size of the business of the employer with respect to the
number of its employees and the number, type and location of the employerÂ’s
facilities.
     (d) The type of operations conducted by
the employer, including the composition, structure and functions of the
workforce of the employer and the geographic separateness and administrative or
fiscal relationship of the facility or facilities in question to the employer. [Formerly
659.440]
     659A.124
Illegal use of drugs. (1)
Subject to the provisions of subsection (2) of this section, the protections of
ORS 659A.112 do not apply to any job applicant or employee who is currently
engaging in the illegal use of drugs if the employer takes action based on that
conduct.
     (2) The protections of ORS 659A.112 apply
to the following persons:
     (a) A person who has successfully
completed a supervised drug rehabilitation program and is no longer engaging in
the illegal use of drugs or has otherwise been rehabilitated successfully and
is no longer engaging in the illegal use of drugs.
     (b) A person who is participating in a
supervised rehabilitation program and is no longer engaging in the illegal use
of drugs.
     (c) A person who is erroneously regarded
as engaging in the illegal use of drugs.
     (3) An employer may adopt or administer
reasonable policies or procedures, including but not limited to drug testing,
designed to ensure that a person described in subsection (2)(a) or (b) of this
section is no longer engaging in the illegal use of drugs. [Formerly 659.442]
     659A.127
Permitted employer action.
ORS 659A.112 to 659A.139 do not affect the ability of an employer to do any of
the following:
     (1) An employer may prohibit the transfer,
offering, sale, purchase or illegal use of drugs at the workplace by any
employee. An employer may prohibit possession of drugs except for drugs
prescribed by a licensed health care professional.
     (2) An employer may prohibit the use of
alcohol at the workplace by any employee.
     (3) An employer may require that employees
not be under the influence of alcohol or illegally used drugs at the workplace.
     (4) An employer may require that employees
behave in conformance with the requirements established under the federal
Drug-Free Workplace Act of 1988.
     (5) An employer may hold an employee who
engages in the illegal use of drugs or who is an alcoholic to the same
qualification standards for employment, job performance and behavior to which
the employer holds other employees, even if the unsatisfactory performance or
behavior is related to the alcoholism of or the illegal use of drugs by the
employee.
     (6) An employer may require that employees
comply with all federal and state statutes and regulations regarding alcohol
and the illegal use of drugs. [Formerly 659.444]
     659A.130
Conditions that do not constitute impairment. (1) For the purposes of ORS 659A.112 to 659A.139, homosexuality and
bisexuality are not physical or mental impairments. A person who is homosexual
or bisexual is not a person with a disability for the purposes of ORS 659A.112
to 659A.139 solely by reason of being homosexual or bisexual.
     (2) For the purposes of ORS 659A.112 to
659A.139, the following conditions are not physical or mental impairments, and
a person with one or more of the following conditions is not a person with a
disability for the purposes of ORS 659A.112 to 659A.139 solely by reason of
that condition:
     (a) Transvestism, pedophilia,
exhibitionism, voyeurism or other sexual behavior disorders.
     (b) Compulsive gambling, kleptomania or
pyromania.
     (c) Psychoactive substance use disorders
resulting from current illegal use of drugs. [Formerly 659.446; 2007 c.70 §294]
     659A.133
Medical examinations and inquiries of job applicants. (1) Except as provided in this section, an
employer violates ORS 659A.112 if the employer conducts a medical examination
of a job applicant, makes inquiries of a job applicant as to whether the
applicant is a person with a disability or makes inquiries as to the nature or
severity of any disability of the applicant.
     (2) An employer may make inquiries into
the ability of a job applicant to perform job-related functions.
     (3) An employer may require a medical
examination after an offer of employment has been made to a job applicant and
before the commencement of the employment duties of the applicant, and
condition the employment on the results of the examination, if the following
conditions are met:
     (a) All persons entering the employ of the
employer must be subject to the examination regardless of disability.
     (b) Information obtained regarding the
medical condition or history of the applicant is collected and maintained on
separate forms and in separate medical files and is treated as a confidential
medical record, except as follows:
     (A) Supervisors and managers may be
informed regarding necessary restrictions on the work or duties of the employee
and necessary accommodations.
     (B) First aid and safety personnel may be
informed, when appropriate, if the disability might require emergency
treatment.
     (C) Officers and employees of the Bureau
of Labor and Industries investigating compliance with ORS 659A.112 to 659A.139
shall be provided relevant information on request.
     (c) The results of an examination
authorized under this subsection may only be used in the manner provided for in
ORS 659A.112 to 659A.139. [Formerly 659.447; 2007 c.70 §295]
     659A.136
Medical examinations and inquiries of employees. (1) Except as provided in this section, an
employer may not require that an employee submit to a medical examination, may
not make inquiries of an employee as to whether the employee is a person with a
disability, and may not make inquiries of an employee as to the nature or
severity of any disability of the employee, unless the examination or inquiry
is shown to be job-related and consistent with business necessity.
     (2) An employer may conduct voluntary
medical examinations, including voluntary medical histories, that are part of
an employee health program available to employees at that work site. An
employer may make inquiries into the ability of an employee to perform
job-related functions.
     (3) Information obtained under subsection
(2) of this section relating to the medical condition or history of any
employee is subject to the same restrictions applicable to information acquired
from medical examinations authorized under ORS 659A.133. [Formerly 659.448;
2007 c.70 §296]
     659A.139
Construction of ORS 659A.112 to 659A.139. ORS 659A.112 to 659A.139 shall be construed to the extent possible in
a manner that is consistent with any similar provisions of the federal
Americans with Disabilities Act of 1990, as amended. [Formerly 659.449]
     659A.142
Discrimination against person with disability by employment agency, labor
organization, place of public accommodation or state government prohibited;
mental disorder treatment not evidence of inability to manage property. (1) It is an unlawful employment practice
for an employment agency to fail or refuse to refer for employment, or
otherwise discriminate against, any individual because that individual is a
person with a disability, or to classify or refer for employment any individual
because that individual is a person with a disability.
     (2) It is an unlawful employment practice
for a labor organization, because an individual is a person with a disability,
to exclude or to expel from its membership such individual or to discriminate
in any way against such individual.
     (3) It is an unlawful practice for any
place of public accommodation, resort or amusement as defined in ORS 659A.400,
or any person acting on behalf of such place, to make any distinction,
discrimination or restriction because a customer or patron is a person with a
disability.
     (4)(a) It is an unlawful practice for
state government to exclude an individual from participation in or deny an
individual the benefits of the services, programs or activities of state
government or to make any distinction, discrimination or restriction because
the individual is a person with a disability.
     (b) Paragraph (a) of this subsection is
intended to ensure equal access to available services, programs and activities
of state government.
     (c) Paragraph (a) of this subsection is
not intended to:
     (A) Create an independent entitlement to
any service, program or activity of state government; or
     (B) Require state government to take any
action that state government can demonstrate would result in a fundamental
alteration in the nature of a service, program or activity of state government
or would result in undue financial or administrative burdens on state
government.
     (5) Receipt or alleged receipt of
treatment for a mental disorder does not constitute evidence of an individualÂ’s
inability to acquire, rent or maintain property. [Formerly 659.425; 2003 c.254 §3;
2007 c.70 §297]
     659A.145
Discrimination against person with disability in real property transactions
prohibited; advertising discriminatory preference prohibited; when necessary
modification to be allowed; assisting discriminatory practices prohibited. (1) A person, because of a disability of a
purchaser, lessee or renter, a disability of a person residing in or intending
to reside in a dwelling after it is sold, rented or made available or a
disability of any person associated with a purchaser, lessee or renter, may not
discriminate by:
     (a) Refusing to sell, lease, rent or
otherwise make available any real property to a purchaser, lessee or renter;
     (b) Expelling a purchaser, lessee or
renter;
     (c) Making any distinction or restriction
against a purchaser, lessee or renter in the price, terms, conditions or
privileges relating to the sale, rental, lease or occupancy of real property or
the furnishing of any facilities or services in connection therewith; or
     (d) Attempting to discourage the sale,
rental or lease of any real property.
     (2) For purposes of this section, discrimination
includes:
     (a) A refusal to permit, at the expense of
the person with a disability, reasonable modifications of existing premises
occupied or to be occupied by the person if the modifications may be necessary
to afford the person full enjoyment of the premises, except that, in the case
of a rental, the landlord may, when it is reasonable to do so, condition
permission for a modification on the renter agreeing to restore the interior of
the premises to the condition that existed before the modification, reasonable
wear and tear excepted;
     (b) A refusal to make reasonable
accommodations in rules, policies, practices or services when the
accommodations may be necessary to afford the person with a disability equal
opportunity to use and enjoy a dwelling; and
     (c) Failure to design and construct a
covered multifamily dwelling as required by the Fair Housing Act (42 U.S.C.
3601 et seq.).
     (3) A person may not publish, circulate,
issue or display or cause to be published, circulated, issued or displayed any
communication, notice, advertisement, or sign of any kind relating to the sale,
rental or leasing of real property that indicates any preference, limitation,
specification or discrimination against a person with a disability.
     (4) A person whose business includes
engaging in residential real estate related transactions, as defined in ORS
659A.421 (2)(b), may not discriminate against any person in making a
transaction available, or in the terms or conditions of the transaction,
because of a disability.
     (5) A real estate broker or principal real
estate broker may not accept or retain a listing of real property for sale,
lease or rental with an understanding that the purchaser, lessee or renter may
be discriminated against solely because a person is a person with a disability.
     (6) A person may not deny access to, or
membership or participation in, any multiple listing service, real estate
brokersÂ’ organization or other service, organization or facility relating to
the business of selling or renting dwellings, or discriminate against any
person in the terms or conditions of the access, membership or participation,
because that person is a person with a disability.
     (7) A person may not assist, induce,
incite or coerce another person to commit an act or engage in a practice that
violates this section.
     (8) A person may not coerce, intimidate,
threaten or interfere with any person in the exercise or enjoyment of, or on
account of having exercised or enjoyed, or on account of having aided or
encouraged any other person in the exercise or enjoyment of, any right granted
or protected by this section.
     (9) A person may not, for profit, induce
or attempt to induce any other person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood
of a person with a disability.
     (10) In the sale, lease or rental of real
property, a person may not disclose to any person that an occupant or owner of
the real property has or died from human immunodeficiency virus or acquired immune
deficiency syndrome.
     (11) Any violation of this section is an
unlawful practice. [Formerly 659.430; 2007 c.70 §298; 2007 c.903 §3a]
     Note: See second note under 659A.003.
FAMILY LEAVE
     659A.150
Definitions for ORS 659A.150 to 659A.186. As used in ORS 659A.150 to 659A.186:
     (1) “Covered employer” means an employer
described in ORS 659A.153.
     (2) “Eligible employee” means any employee
of a covered employer other than those employees exempted under the provisions
of ORS 659A.156.
     (3) “Family leave” means a leave of
absence described in ORS 659A.159, except that “family leave” does not include
leave taken by an eligible employee who is unable to work because of a
disabling compensable injury, as defined in ORS 656.005, under ORS chapter 656.
     (4) “Family member” means the spouse of an
employee, the biological, adoptive or foster parent or child of the employee,
the grandparent or grandchild of the employee, a parent-in-law of the employee
or a person with whom the employee was or is in a relationship of in loco
parentis.
     (5) “Health care provider” means:
     (a) A person who is primarily responsible
for providing health care to an eligible employee or a family member of an
eligible employee, who is performing within the scope of the personÂ’s
professional license or certificate and who is:
     (A) A physician licensed to practice
medicine under ORS 677.110, including a doctor of osteopathy;
     (B) A podiatrist licensed under ORS
677.825;
     (C) A dentist licensed under ORS 679.090;
     (D) A psychologist licensed under ORS
675.030;
     (E) An optometrist licensed under ORS
683.070;
     (F) A naturopath licensed under ORS
685.080;
     (G) A registered nurse licensed under ORS
678.050;
     (H) A nurse practitioner certified under
ORS 678.375;
     (I) A direct entry midwife licensed under
ORS 687.420;
     (J) A licensed registered nurse who is
certified by the Oregon State Board of Nursing as a nurse midwife nurse
practitioner;
     (K) A clinical social worker licensed
under ORS 675.530; or
     (L) A chiropractic physician licensed
under ORS 684.054, but only to the extent the chiropractic physician provides
treatment consisting of manual manipulation of the spine to correct a
subluxation demonstrated to exist by X-rays.
     (b) A person who is primarily responsible
for the treatment of an eligible employee or a family member of an eligible
employee solely through spiritual means, including but not limited to a
Christian Science practitioner.
     (6) “Serious health condition” means:
     (a) An illness, injury, impairment or
physical or mental condition that requires inpatient care in a hospital,
hospice or residential medical care facility;
     (b) An illness, disease or condition that
in the medical judgment of the treating health care provider poses an imminent
danger of death, is terminal in prognosis with a reasonable possibility of
death in the near future, or requires constant care; or
     (c) Any period of disability due to
pregnancy, or period of absence for prenatal care. [Formerly 659.470; 2005
c.171 §1; 2007 c.633 §1; 2007 c.777 §1]
     Note: Section 3, chapter 633, Oregon Laws 2007,
provides:
     Sec.
3. The amendments to ORS
659A.150 and 659A.162 by sections 1 and 2 of this 2007 Act apply only to
periods of family leave taken on or after the effective date of this 2007 Act
[January 1, 2008]. [2007 c.633 §3]
     659A.153
Covered employers. (1) The
requirements of ORS 659A.150 to 659A.186 apply only to employers who employ 25
or more persons in the State of Oregon for each working day during each of 20
or more calendar workweeks in the year in which the leave is to be taken or in
the year immediately preceding the year in which the leave is to be taken.
     (2) The requirements of ORS 659A.150 to
659A.186 do not apply to any employer who offers to an eligible employee a
nondiscriminatory cafeteria plan, as defined by section 125 of the Internal
Revenue Code of 1986, providing, as one of its options, employee leave at least
as generous as the leave required by ORS 659A.150 to 659A.186. [Formerly
659.472]
     659A.156
Eligible employees; exceptions.
(1) All employees of a covered employer are eligible to take leave for one of
the purposes specified in ORS 659A.159 (1)(b) to (d) except:
     (a) An employee who was employed by the
covered employer for fewer than 180 days immediately before the date on which
the family leave would commence.
     (b) An employee who worked an average of
fewer than 25 hours per week for the covered employer during the 180 days
immediately preceding the date on which the family leave would commence.
     (2) All employees of a covered employer
are eligible to take leave for the purpose specified in ORS 659A.159 (1)(a)
except an employee who was employed by the covered employer for fewer than 180
days immediately before the date on which the family leave would commence. [Formerly
659.474]
     659A.159
Purposes for which family leave may be taken. (1) Family leave under ORS 659A.150 to 659A.186 may be taken by an
eligible employee for any of the following purposes:
     (a) To care for an infant or newly adopted
child under 18 years of age, or for a newly placed foster child under 18 years
of age, or for an adopted or foster child older than 18 years of age if the
child is incapable of self-care because of a mental or physical disability.
     (b) To care for a family member with a
serious health condition.
     (c) To recover from or seek treatment for
a serious health condition of the employee that renders the employee unable to
perform at least one of the essential functions of the employeeÂ’s regular
position.
     (d) To care for a child of the employee
who is suffering from an illness, injury or condition that is not a serious
health condition but that requires home care.
     (2) Leave under subsection (1)(a) of this
section must be completed within 12 months after birth or placement of the
child, and an eligible employee is not entitled to any period of family leave
under subsection (1)(a) of this section after the expiration of 12 months after
birth or placement of the child. [Formerly 659.476]
     659A.162
Length of leave; conditions; rules. (1) Except as specifically provided by ORS 659A.150 to 659A.186, an
eligible employee is entitled to up to 12 weeks of family leave within any
one-year period.
     (2)(a) In addition to the 12 weeks of
leave authorized by subsection (1) of this section, an eligible female employee
may take a total of 12 weeks of leave within any one-year period for an
illness, injury or condition related to pregnancy or childbirth that disables
the eligible employee from performing any available job duties offered by the
employer.
     (b) An eligible employee who takes 12
weeks of family leave within a one-year period for the purpose specified in ORS
659A.159 (1)(a) may take up to an additional 12 weeks of leave within the
one-year period for the purpose specified in ORS 659A.159 (1)(d).
     (3) When two family members work for the
same covered employer, the eligible employees may not take concurrent family
leave unless:
     (a) One employee needs to care for the
other employee who is suffering from a serious health condition; or
     (b) One employee needs to care for a child
who has a serious health condition while the other employee is also suffering a
serious health condition.
     (4) An eligible employee may take family
leave for the purposes specified in ORS 659A.159 (1)(a) in two or more
nonconsecutive periods of leave only with the approval of the employer.
     (5) Leave need not be provided to an
eligible employee by a covered employer for the purpose specified in ORS
659A.159 (1)(d) if another family member is available to care for the child.
     (6) A covered employer may not reduce the
amount of family leave available to an eligible employee under this section by
any period the employee is unable to work because of a disabling compensable
injury.
     (7) The Commissioner of the Bureau of
Labor and Industries shall adopt rules governing when family leave for a
serious health condition of an eligible employee or a family member of the
eligible employee may be taken intermittently or by working a reduced workweek.
Rules adopted by the commissioner under this subsection shall allow taking of
family leave on an intermittent basis or by use of a reduced workweek to the
extent permitted by federal law and to the extent that taking family leave on
an intermittent basis or by use of a reduced workweek will not result in the
loss of an eligible employeeÂ’s exempt status under the federal Fair Labor
Standards Act. [Formerly 659.478; 2007 c.633 §2]
     Note: See note under 659A.150.
     659A.165
Notice to employer. (1)
Except as provided in subsection (2) of this section, a covered employer may
require an eligible employee to give the employer written notice at least 30
days before commencing family leave. The employer may require the employee to
include an explanation of the need for the leave in the notice.
     (2) An eligible employee may commence taking
family leave without prior notice under the following circumstances:
     (a) An unexpected serious health condition
of an employee or family member of an employee;
     (b) An unexpected illness, injury or
condition of a child of the employee that requires home care; or
     (c) A premature birth, unexpected adoption
or unexpected foster placement.
     (3) If an employee commences leave without
prior notice under subsection (2) of this section, the employee must give oral
notice to the employer within 24 hours of the commencement of the leave, and
must provide the written notice required by subsection (1) of this section
within three days after the employee returns to work. The oral notice required
by this subsection may be given by any other person on behalf of the employee
taking the leave.
     (4) If the employee fails to give notice
as required by subsections (1) and (3) of this section, the employer may reduce
the period of family leave required by ORS 659A.162 by three weeks, and the
employee may be subject to disciplinary action under a uniformly applied policy
or practice of the employer. [Formerly 659.480]
     659A.168
Medical verification and scheduling of treatment. (1) Except as provided in subsection (2) of
this section, a covered employer may require medical verification from a health
care provider of the need for the leave if the leave is for a purpose described
in ORS 659A.159 (1)(b) to (d). If an employee is required to give notice under
ORS 659A.165 (1), the employer may require that medical verification be
provided by the employee before the leave period commences. If the employee
commences family leave without prior notice pursuant to ORS 659A.165 (2), the
medical verification must be provided by the employee within 15 days after the
employer requests the medical verification. The employer may require an
employee to obtain the opinion of a second health care provider designated by
the employer, at the employerÂ’s expense. If the opinion of the second health
care provider conflicts with the medical verification provided by the employee,
the employer may require the two health care providers to designate a third
health care provider to provide an opinion at the employerÂ’s expense. The
opinion of the third health care provider shall be final and binding on the employer
and employee. In addition to the medical verifications provided for in this
subsection, an employer may require subsequent medical verification on a
reasonable basis.
     (2) A covered employer may require medical
verification for leave taken for the purpose described in ORS 659A.159 (1)(d)
only after an employee has taken more than three days of leave under ORS
659A.159 (1)(d) during any one-year period. Any medical verification required
under this subsection must be paid for by the covered employer. An employer may
not require an employee to obtain the opinion of a second health care provider
for the purpose of medical verification required under this subsection.
     (3) Subject to the approval of the health
care provider, the employee taking family leave for a serious health condition
of the employee or a family member of the employee shall make a reasonable
effort to schedule medical treatment or supervision at times that will minimize
disruption of the employerÂ’s operations. [Formerly 659.482]
     659A.171
Job protection; benefits.
(1) After returning to work after taking family leave under the provisions of
ORS 659A.150 to 659A.186, an eligible employee is entitled to be restored to
the position of employment held by the employee when the leave commenced if
that position still exists, without regard to whether the employer filled the
position with a replacement worker during the period of family leave. If the
position held by the employee at the time family leave commenced no longer
exists, the employee is entitled to be restored to any available equivalent
position with equivalent employment benefits, pay and other terms and
conditions of employment. If an equivalent position is not available at the job
site of the employeeÂ’s former position, the employee may be offered an
equivalent position at a job site located within 20 miles of the job site of
the employeeÂ’s former position.
     (2) Except for employee benefits used
during the period of leave, the taking of family leave under ORS 659A.150 to
659A.186 shall not result in the loss of any employment benefit accrued before
the date on which the leave commenced.
     (3) This section does not entitle any
employee to:
     (a) Any accrual of seniority or employment
benefits during a period of family leave; or
     (b) Any right, benefit or position of
employment other than the rights, benefits and position that the employee would
have been entitled to had the employee not taken the family leave.
     (4)(a) Before restoring an employee to a
position under subsection (1) of this section, an employer may require that the
employee receive certification from the employeeÂ’s health care provider that
the employee is able to resume work. Certification under this subsection may
only be required pursuant to a uniformly applied practice or policy of the
employer.
     (b) This subsection does not affect the
ability of an employer to require an employee during a period of family leave
to report periodically to the employer on the employeeÂ’s status and on the
employeeÂ’s intention to return to work.
     (5) Benefits are not required to continue
to accrue during a family leave unless continuation or accrual is required
under an agreement of the employer and the employee, a collective bargaining
agreement or an employer policy. Notwithstanding ORS 652.610 (3), if the
employer is required or elects to pay any part of the costs of providing
health, disability, life or other insurance coverage for an employee during the
period of family leave that should have been paid by the employee, the employer
may deduct from the employeeÂ’s pay such amounts upon the employeeÂ’s return to
work until the amount the employer advanced toward the payments is paid. In no
event may the total amount deducted for insurance under the provisions of this
subsection exceed 10 percent of the employeeÂ’s gross pay each pay period.
     (6) Notwithstanding ORS 652.610 (3), if
the employer pays any part of the costs of health, disability, life or other
insurance coverage for an employee under the provisions of subsection (5) of
this section, and the employee does not return to employment with the employer
after taking family leave, the employer may deduct amounts paid by the employer
from any amounts owed by the employer to the employee, or may seek to recover
those amounts by any other legal means, unless the employee fails to return to
work because of:
     (a) A continuation, reoccurrence or onset
of a serious health condition that would entitle the employee to leave for one
of the purposes specified by ORS 659A.159 (1)(b) or (c); or
     (b) Other circumstances beyond the control
of the employee. [Formerly 659.484]
     659A.174
Use of paid leave. (1)
Except as provided in subsection (2) of this section, and unless otherwise
provided by the terms of an agreement between the eligible employee and the covered
employer, a collective bargaining agreement or an employer policy, family leave
is not required to be granted with pay.
     (2) An employee taking family leave is
entitled to use any paid accrued sick leave or any paid accrued vacation leave
during the period of family leave, or to use any other paid leave that is
offered by the employer in lieu of vacation leave during the period of family
leave.
     (3) Subject to the terms of any agreement
between the eligible employee and the covered employer or the terms of a
collective bargaining agreement, the employer may determine the particular
order in which accrued leave is to be used in circumstances in which more than
one type of accrued leave is available to the employee. [Formerly 659.486; 2007
c.635 §1]
     Note: Section 2, chapter 635, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
659A.174 by section 1 of this 2007 Act apply only to periods of family leave
taken on or after the effective date of this 2007 Act [January 1, 2008]. [2007
c.635 §2]
     659A.177
Special rules for teachers.
(1) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a
teacher requests leave for one of the purposes specified in ORS 659A.159 (1)(b)
or (c), the need for the leave is foreseeable, and the employee will be on
leave for more than 20 percent of the total number of working days in the
period during which the leave would extend, the employer of the teacher may
require that the employee elect one of the two following options:
     (a) The employee may elect to take leave
for a period or periods of a particular duration, not to exceed the duration of
the anticipated medical treatment; or
     (b) The employee may elect to transfer
temporarily to an available alternative position that better accommodates
recurring periods of leave than the regular position of the employee. The
teacher must be qualified for the alternative position, and the position must
have pay and benefits that are equivalent to the pay and benefits of the
employeeÂ’s regular position.
     (2) Notwithstanding any other provision of
ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for
the purpose specified in ORS 659A.159 (1)(c) more than five weeks before the
end of an academic term, the employer of the teacher may require that the
employee continue on family leave until the end of the term if:
     (a) The leave is of at least three weeks’
duration; and
     (b) The employee’s return to employment
would occur during the three-week period before the end of the term.
     (3) Notwithstanding any other provision of
ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for
one of the purposes specified in ORS 659A.159 (1)(a) or (b) during the five
weeks before the end of an academic term, the employer of the teacher may require
that the employee continue on family leave until the end of the term if:
     (a) The leave is of at least two weeks’
duration; and
     (b) The employee’s return to employment
would occur during the two-week period before the end of the term.
     (4) Notwithstanding any other provision of
ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for
one of the purposes specified in ORS 659A.159 (1)(a) or (b) during the
three-week period before the end of the term, and the duration of the leave is
greater than five working days, the employer of the teacher may require that
the employee continue on family leave until the end of the term.
     (5) The provisions of this section apply
only to an employee who is employed principally in an instructional capacity by
a public kindergarten, elementary school, secondary school or education service
district. [Formerly 659.488]
     659A.180
Postings by employer. A
covered employer shall post a notice of the requirements of ORS 659A.150 to
659A.186 in every establishment of the employer in which employees are
employed. The Bureau of Labor and Industries shall provide notices to covered
employers meeting the requirements of this section. [Formerly 659.490]
     659A.183
Denying family leave to eligible employee prohibited; retaliation prohibited. It is an unlawful practice for a covered
employer to:
     (1) Deny family leave to which an eligible
employee is entitled under ORS 659A.150 to 659A.186; or
     (2) Retaliate or in any way discriminate
against an individual with respect to hire or tenure or any other term or
condition of employment because the individual has inquired about the
provisions of ORS 659A.150 to 659A.186, submitted a request for family leave or
invoked any provision of ORS 659A.150 to 659A.186. [Formerly 659.492; 2007
c.777 §2]
     Note: Section 3, chapter 777, Oregon Laws 2007,
provides:
     Sec.
3. The amendments to ORS
659A.183 by section 2 of this 2007 Act apply to all conduct by an employer,
whether occurring before, on or after the effective date of this 2007 Act [January
1, 2008]. [2007 c.777 §3]
     659A.186
Exclusivity of provisions; construction. (1) ORS 659A.150 to 659A.186 do not limit any right of an employee to
family medical leave to which the employee may be entitled under any agreement
between the employer and the employee, collective bargaining agreement or
employer policy.
     (2) ORS 659A.150 to 659A.186 shall be
construed to the extent possible in a manner that is consistent with any
similar provisions of the federal Family and Medical Leave Act of 1993. Family
leave taken under ORS 659A.150 to 659A.186 must be taken concurrently with any
leave taken under the federal Family and Medical Leave Act of 1993. [Formerly
659.494]
LEAVE TO
ATTEND CRIMINAL PROCEEDING
     659A.190
Definitions for ORS 659A.190 to 659A.198. As used in ORS 659A.190 to 659A.198:
     (1) “Covered employer” means an employer
who employs six or more persons in the State of Oregon for each working day
during each of 20 or more calendar workweeks in the year in which an eligible
employee takes leave to attend a criminal proceeding or in the year immediately
preceding the year in which an eligible employee takes leave to attend a
criminal proceeding.
     (2) “Crime victim” means a person who has
suffered financial, social, psychological or physical harm as a result of a
person felony, as defined in the rules of the Oregon Criminal Justice
Commission, and includes a member of the immediate family of the person.
     (3) “Criminal proceeding” has the meaning
given that term in ORS 131.005 and includes a juvenile proceeding under ORS
chapter 419C or any other proceeding at which a crime victim has a right to be
present.
     (4) “Eligible employee” means an employee
who:
     (a) Worked an average of more than 25
hours per week for a covered employer for at least 180 days immediately before
the date the employee takes leave to attend a criminal proceeding; and
     (b) Is a crime victim.
     (5) “Immediate family” means spouse,
domestic partner, father, mother, sibling, child, stepchild and grandparent. [2003
c.603 §2]
     659A.192
Leave to attend criminal proceeding; undue hardship on employer; scheduling
criminal proceeding. (1) As
used in this section, “undue hardship” means a significant difficulty and
expense to a business and includes consideration of the size of the covered
employerÂ’s business and the covered employerÂ’s critical need for the employee.
     (2) Except as provided in subsection (3)
of this section, a covered employer shall allow an eligible employee to take
leave from employment to attend a criminal proceeding.
     (3) A covered employer may limit the
amount of leave an eligible employee takes to attend a criminal proceeding if
the employeeÂ’s leave creates an undue hardship to the covered employerÂ’s
business.
     (4) An eligible employee may notify the
prosecuting attorney if taking leave to attend a criminal proceeding would
cause undue hardship to the covered employer. The prosecuting attorney shall
then notify the court or hearing body. The court or hearing body must take the
schedule of the employee into consideration when scheduling a criminal
proceeding. [2003 c.603 §3]
     659A.194
Denying leave to employee prohibited; civil action. (1) A covered employer who denies leave to
an eligible employee or who discharges, threatens to discharge, intimidates or
coerces because the employee takes leave to attend a criminal proceeding
commits an unlawful employment practice.
     (2) Any person claiming to be aggrieved by
an unlawful employment practice specified in subsection (1) of this section may
file a civil action under ORS 659A.885. The provisions of ORS 659A.800 to
659A.865 do not apply to an unlawful employment practice specified in
subsection (1) of this section. [2003 c.603 §4]
     659A.196
Notice to employer; records confidential. (1) An eligible employee shall give the covered employer:
     (a) Reasonable notice of the employee’s
intention to take leave to attend a criminal proceeding; and
     (b) Copies of any notices of scheduled
criminal proceedings that the employee receives from a law enforcement agency
under ORS 147.417.
     (2) All records kept by a covered employer
regarding an eligible employeeÂ’s leave under ORS 659A.192 or notices received
under subsection (1) of this section are subject to the laws relating to
confidentiality. [2003 c.603 §5]
     659A.198
Use of paid leave. (1)
Except as provided in subsections (2) and (3) of this section, and unless
otherwise provided by the terms of an agreement between the eligible employee
and the covered employer, a collective bargaining agreement or an employer
policy, a covered employer is not required to grant leave with pay under ORS
659A.192 to an eligible employee to attend a criminal proceeding.
     (2) An eligible employee who takes leave
to attend a criminal proceeding may use any paid accrued vacation leave during
the period of leave or may use any other paid leave that is offered by the
covered employer in lieu of vacation leave during the period of leave.
     (3) Subject to the terms of any agreement
between the eligible employee and the covered employer or the terms of a
collective bargaining agreement or an employer policy, the covered employer may
determine the order in which accrued leave is to be used when more than one
type of accrued leave is available to the employee. [2003 c.603 §6]
WHISTLEBLOWING
(Disclosures
by Public Employees)
     659A.200
Definitions for ORS 659A.200 to 659A.224. As used in ORS 659A.200 to 659A.224:
     (1) “Disciplinary action” includes but is
not limited to any discrimination, dismissal, demotion, transfer, reassignment,
supervisory reprimand, warning of possible dismissal or withholding of work,
whether or not the action affects or will affect employee compensation.
     (2) “Employee” means a person employed by
or under contract with:
     (a) The state or any agency of or
political subdivision in the state;
     (b) Any person authorized to act on behalf
of the state, or agency of the state or subdivision in the state, with respect
to control, management or supervision of any employee;
     (c) Employees of the public corporation
created under ORS 656.751;
     (d) Employees of a contractor who performs
services for the state, agency or subdivision, other than employees of a
contractor under contract to construct a public improvement; and
     (e) Any person authorized by contract to
act on behalf of the state, agency or subdivision.
     (3) “Public employer” means:
     (a) The state or any agency of or
political subdivision in the state; and
     (b) Any person authorized to act on behalf
of the state, or any agency of or political subdivision in the state, with
respect to control, management or supervision of any employee. [Formerly
659.505]
     659A.203
Prohibited conduct by public employer. (1) Subject to ORS 659A.206, except as provided in ORS 659A.200 to
659A.224, it is an unlawful employment practice for any public employer to:
     (a) Prohibit any employee from discussing,
in response to an official request, either specifically or generally with any
member of the Legislative Assembly or legislative committee staff acting under
the direction of a member of the Legislative Assembly the activities of:
     (A) The state or any agency of or
political subdivision in the state; or
     (B) Any person authorized to act on behalf
of the state or any agency of or political subdivision in the state.
     (b) Prohibit any employee from disclosing,
or take or threaten to take disciplinary action against an employee for the
disclosure of any information that the employee reasonably believes is evidence
of:
     (A) A violation of any federal or state
law, rule or regulation by the state, agency or political subdivision;
     (B) Mismanagement, gross waste of funds or
abuse of authority or substantial and specific danger to public health and
safety resulting from action of the state, agency or political subdivision; or
     (C) Subject to ORS 659A.212 (2), the fact
that a person receiving services, benefits or assistance from the state or
agency or subdivision, is subject to a felony or misdemeanor warrant for arrest
issued by this state, any other state, the federal government, or any
territory, commonwealth or governmental instrumentality of the United States.
     (c) Require any employee to give notice
prior to making any disclosure or engaging in discussion described in this
section, except as allowed in ORS 659A.206 (1).
     (d) Discourage, restrain, dissuade,
coerce, prevent or otherwise interfere with disclosure or discussions described
in this section.
     (2) No public employer shall invoke or
impose any disciplinary action against an employee for employee activity
described in subsection (1) of this section or ORS 659A.212. [Formerly 659.510]
     659A.206
Effect on public employerÂ’s authority over employees. ORS 659A.200 to 659A.224 are not intended
to:
     (1) Prohibit a supervisor or appointing
authority from requiring that an employee inform the supervisor or appointing
authority as to official legislative requests for information to the agency or
the substance of testimony made, or to be made, by the employee to legislators
on behalf of the agency or subdivision;
     (2) Permit an employee to leave the
employeeÂ’s assigned work areas during normal work hours without following
applicable rules and policies pertaining to leaves, unless the employee is
requested by a member of the Legislative Assembly or a legislative committee to
appear before a legislative committee;
     (3) Authorize an employee to represent the
employeeÂ’s personal opinions as the opinions of the agency or subdivision;
     (4) Except as specified in ORS 659A.212
(2), authorize an employee to disclose information required to be kept
confidential under state or federal law, rule or regulation;
     (5) Restrict or preclude disciplinary
action against an employee if the information disclosed by the employee is
known by the employee to be false, if the employee discloses the information
with reckless disregard for its truth or falsity, or if the information
disclosed relates to the employeeÂ’s own violations, mismanagement, gross waste
of funds, abuse of authority or endangerment of the public health or safety; or
     (6) Restrict or impair any judicial right
of action an employee or an employer has under existing law. [Formerly 659.515]
     659A.209
Effect on public record disclosures. ORS 659A.200 to 659A.224 are not intended to:
     (1) Allow disclosure of records exempt
from disclosure except as provided in ORS 192.501 to 192.505.
     (2) Prevent public employers from
prohibiting employee disclosure of information of an advisory nature to the
extent that it covers other than purely factual materials and is preliminary to
any final agency determination of policy or action. [Formerly 659.520]
     659A.212
Policy on cooperation with law enforcement officials; duty to report person
subject to warrant for arrest.
(1) In order to protect the safety of the citizens of this state, it is the
policy of this state that all public employers and their employees cooperate
with law enforcement officials in the apprehension of persons subject to a
felony or misdemeanor warrant for arrest.
     (2) Notwithstanding any other law, when an
employee reasonably believes that a person receiving services, benefits or
assistance from the state or any agency or political subdivision in the state
is subject to a felony or misdemeanor warrant for arrest issued by this state,
any other state, the federal government, or any territory, commonwealth or
governmental instrumentality of the United States, the employee shall promptly
and without delay report to the employeeÂ’s immediate supervisor or a person
designated by the agency by rule to receive such report.
     (3) The supervisor or person designated by
the agency shall notify the Oregon State Police promptly and without delay of
the information supplied by the employee.
     (4) The notification required by
subsections (2) and (3) of this section shall include disclosure of the name
and address of the person, available information concerning the felony or
misdemeanor warrant for arrest and other available identifying information.
     (5) Information disclosed under this
section shall only be used by law enforcement officials to verify the existence
of a felony or misdemeanor warrant for arrest of the person and to apprehend
the person if a felony or misdemeanor warrant for arrest exists. [Formerly
659.525]
     659A.215
Remedies not exclusive. The
remedies provided for violations of ORS 659A.203 and 659A.218 under this
chapter are in addition to any appeal proceeding available under ORS 240.560
for a state employee or under any comparable provisions for employees of
political subdivisions. [Formerly 659.530]
     659A.218
Disclosure of employeeÂ’s name without consent prohibited. (1) The identity of the employee who
discloses any of the following shall not be disclosed by a public employer
without the written consent of the employee during any investigation of the
information provided by the employee, relating to:
     (a) Matters described in ORS 659A.203 (1)(b).
     (b) Reports required by ORS 659A.212 (2).
     (2) Violation of this section is an
unlawful employment practice. [Formerly 659.535]
     659A.221
Uniform application to all public employers; optional procedure for
disclosures; rules. (1) The
Bureau of Labor and Industries by rule shall ensure that the requirements of
ORS 659A.200 to 659A.224 are applied uniformly to all public employers. Each
public employer may adopt rules, consistent with Bureau of Labor and Industries
rules, that apply to that public employer and that also implement ORS 659A.200
to 659A.224.
     (2) A public employer may establish by
rule an optional procedure whereby an employee who wishes to disclose
information described in ORS 659A.203 (1)(b) may disclose information first to
the supervisor, or if the supervisor is involved, to the supervisor next
higher, but the employer must protect the employee against retaliatory or
disciplinary action by any supervisor for such disclosure. [Formerly 659.540]
     659A.224
Short title. ORS 659A.200 to
659A.224 shall be known as the Whistleblower Law. [Formerly 659.545]
(Initiating
or Aiding Administrative, Criminal or Civil Proceeding)
     659A.230
Discrimination for initiating or aiding in criminal or civil proceedings
prohibited; remedies not exclusive. (1) It is an unlawful employment practice for an employer to
discharge, demote, suspend or in any manner discriminate or retaliate against
an employee with regard to promotion, compensation or other terms, conditions
or privileges of employment for the reason that the employee has in good faith
reported criminal activity by any person, has in good faith caused a
complainantÂ’s information or complaint to be filed against any person, has in
good faith cooperated with any law enforcement agency conducting a criminal
investigation, has in good faith brought a civil proceeding against an employer
or has testified in good faith at a civil proceeding or criminal trial.
     (2) For the purposes of this section, “complainant’s
information” and “complaint” have the meanings given those terms in ORS
131.005.
     (3) The remedies provided by this chapter
are in addition to any common law remedy or other remedy that may be available
to an employee for the conduct constituting a violation of this section. [Formerly
659.550]
     659A.233
Discrimination for reporting certain violations or testifying at unemployment
compensation hearing prohibited. It is an unlawful employment practice for an employer to discharge,
demote, suspend or in any manner discriminate or retaliate against an employee
with regard to promotion, compensation or other terms, conditions or privileges
of employment for the reason that the employee has in good faith reported
possible violations of ORS chapter 441 or of ORS 443.400 to 443.455 or has
testified in good faith at an unemployment compensation hearing or other
hearing conducted pursuant to ORS chapter 657. [Formerly 659.035]
(Legislative
Testimony)
     659A.236
Discrimination for testifying before Legislative Assembly, committee or task
force prohibited. It is an
unlawful employment practice for an employer to discharge, demote, suspend or
in any manner discriminate against an employee with regard to promotion,
compensation or other terms, conditions or privileges of employment solely for
the reason that the employee has testified before the Legislative Assembly or
any of its interim or statutory committees, including advisory committees and
subcommittees thereof, or task forces. [Formerly 659.270]
UNLAWFUL
EMPLOYMENT DISCRIMINATION RELATING TO EMPLOYEE HOUSING
     659A.250
Definitions for ORS 659A.250 to 659A.262. (1) For purposes of ORS 659A.250 to 659A.262, “access” means ingress
to and egress from residential areas which are concentrated in a central
location. It shall not include:
     (a) The right to enter the individual
residences of employees unless a resident of the household consents to the
entry;
     (b) The right to use any services provided
by the employer for the exclusive use of the employees;
     (c) The right to enter single residences
shared by employees and employers where a separate entrance to the employeeÂ’s
quarter is not provided; or
     (d) The right to enter work areas.
     (2) “Authorized person” means government
officials, medical doctors, certified education providers, county health care
officials, representatives of religious organizations and any other providers
of services for farmworkers funded in whole or part by state, federal or local
government.
     (3) “Housing” means living quarters owned,
rented or in any manner controlled by an employer and occupied by the employee.
     (4) “Invited person” means persons invited
to a dwelling unit by an employee or a member of the employeeÂ’s family residing
with the employee. [Formerly 659.280]
     659A.253
Restriction of access to employee housing owned or controlled by employer
prohibited; telephone accessibility. (1) Employers shall not restrict access by authorized persons or
invited persons to any housing owned, rented or in any manner controlled by the
employer where employees are residing. Authorized persons or invited persons
must announce their presence on the premises upon request. Authorized persons
shall, upon request, provide credentials identifying the person as representing
a qualifying agency or organization.
     (2)(a) A person need not disclose to the
employer the name of the employee who issued the invitation prior to gaining
access to the housing, but an invited person must do so in order to assert a
right to access as an invited person in any judicial proceeding concerning the
right to access provided in this section. If an invited person does not
disclose the name of the inviter to the employer, the employer may deny access
until the invited person obtains an order pursuant to ORS 659A.262.
     (b) Invited persons shall not be allowed
to enter work areas or to interfere with any employeeÂ’s work or performance of
duties on behalf of the employer.
     (3)(a) The employer shall ensure to the
employees residing in housing owned or controlled by an employer and occupied
by employees the availability of:
     (A) A reasonably accessible operating
telephone, whether pay or private, available 24 hours a day for emergency use;
and
     (B) An operating telephone, whether pay or
private, located within two miles of the housing, accessible and available so
as to provide reasonable opportunity for private use by employees.
     (b) An employer may request a waiver from
the requirements of paragraph (a) of this subsection if the employer
demonstrates to the bureau that:
     (A) Compliance would constitute an
unreasonable hardship for the employer; and
     (B) The camp meets any requirements
established by the Department of Consumer and Business Services for an
emergency medical plan.
     (4) A complaint may not be filed under ORS
659A.820 for violations of this section. [Formerly 659.285]
     659A.256
Regulations by employers concerning use and occupancy of employee housing;
requirements; notice.
Employers may adopt reasonable rules and regulations concerning the use and
occupancy of such housing including hours of access which must be posted in a
conspicuous place at least three days prior to enforcement. Such rules shall be
enforceable as to employees, invited persons and those authorized persons who
are not governmental officials or who are not visiting the camp for emergency
purposes only if:
     (1) Their purpose is to promote the safety
or welfare of the employees and authorized persons allowed access;
     (2) They preserve the employer’s property
from abusive use;
     (3) They are reasonably related to the
purpose for which they are adopted;
     (4) They apply to all employees on the
premises in a fair manner; and
     (5) They are sufficiently explicit in the
prohibition, direction or limitation of the employeeÂ’s conduct to fairly inform
the employees of what must be done to comply. [Formerly 659.290]
     659A.259
Eviction from employee housing or discrimination against employee for reporting
violations of ORS 659A.250 to 659A.262 prohibited; enforcement. (1) It is an unlawful employment practice
for an employer to expel or evict from housing referred to in ORS 659A.250 to
659A.262 or to discharge, demote, suspend from employment or in any other
manner discriminate or retaliate against an employee or any member of the
employeeÂ’s household for the reason that the employee or any member of the
employeeÂ’s household has:
     (a) Reported or complained concerning
possible violations of ORS 659A.250 to 659A.262; or
     (b) Conferred with or invited to
residential areas, any authorized person or invited person.
     (2) An employee or any member of the
employeeÂ’s household may file a complaint under ORS 659A.820 for violations of
this section and may bring a civil action under ORS 659A.885 and recover the
relief as provided by ORS 659A.885 (1) and (3). [Formerly 659.295]
     659A.262
Warrant on behalf of person entitled to access to housing; vacation of warrant;
rules. (1) In the event that
any person claiming to be an authorized or invited person is denied access to
housing, the person may apply to any magistrate having jurisdiction to issue
warrants, for an order authorizing the person to gain access to the housing.
     (2) The application pursuant to this
section shall be sworn and shall include allegations of the facts and
circumstances under which the person alleges that the person is entitled to
access under ORS 659A.250 to 659A.262.
     (3) If, on ex parte review of the
application, it appears from the sworn allegations of the application that the
person is entitled to access to the housing, the magistrate shall promptly
issue an order restraining the owner of the housing from interfering with the
access of the applicant to the housing.
     (4) No fee, bond or undertaking shall be
required in connection with proceedings under this section.
     (5) On sufficient cause, the magistrate
may enter further orders for the protection of residents of the housing,
including the temporary sealing of the application, or portions thereof.
     (6) Any person subject to an order
referred to in subsections (1) to (5) of this section may request that the
order be vacated or modified by filing a written motion with the court which
issued the order.
     (7) Upon receipt of a motion to modify or
vacate the order, the court shall schedule a hearing.
     (8) If after the hearing, the court
determines that the applicant is not entitled to access, the court shall vacate
or modify the order.
     (9) The Bureau of Labor and Industries may
adopt rules to carry out the provisions of ORS 659A.250 to 659A.262. [Formerly
659.297]
LEAVE
REQUIRED BECAUSE OF DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING
     659A.270
Definitions for ORS 659A.270 to 659A.285. As used in ORS 659A.270 to 659A.285:
     (1) “Covered employer” means an employer
who employs six or more individuals in the State of Oregon for each working day
during each of 20 or more calendar workweeks in the year in which an eligible
employee takes leave to address domestic violence, sexual assault or stalking,
or in the year immediately preceding the year in which an eligible employee
takes leave to address domestic violence, sexual assault or stalking.
     (2) “Eligible employee” means an employee
who:
     (a) Worked an average of more than 25
hours per week for a covered employer for at least 180 days immediately before
the date the employee takes leave; and
     (b) Is a victim of domestic violence,
sexual assault or stalking or is the parent or guardian of a minor child or
dependent who is a victim of domestic violence, sexual assault or stalking.
     (3) “Protective order” means an order
authorized by ORS 30.866, 107.095 (1)(c), 107.700 to 107.735, 124.005 to
124.040 or 163.730 to 163.750 or any other order that restrains an individual
from contact with an eligible employee or the employeeÂ’s minor child or
dependent.
     (4) “Victim of domestic violence” means:
     (a) An individual who has been a victim of
abuse, as defined in ORS 107.705; or
     (b) Any other individual designated as a
victim of domestic violence by rule adopted under ORS 659A.805.
     (5) “Victim of sexual assault” means:
     (a) An individual against whom a sexual
offense has been committed as described in ORS 163.305 to 163.467 or 163.525;
or
     (b) Any other individual designated as a
victim of sexual assault by rule adopted under ORS 659A.805.
     (6) “Victim of stalking” means:
     (a) An individual against whom stalking
has been committed as described in ORS 163.732; or
     (b) Any other individual designated as a
victim of stalking by rule adopted under ORS 659A.805.
     (7) “Victim services provider” means a
prosecutor-based victim assistance program or a nonprofit program offering
safety planning, counseling, support or advocacy related to domestic violence,
sexual assault or stalking. [2007 c.180 §2]
     659A.272
Employer required to provide leave. Except as provided in ORS 659A.275, a covered employer shall allow an
eligible employee to take reasonable leave from employment for any of the
following purposes:
     (1) To seek legal or law enforcement
assistance or remedies to ensure the health and safety of the employee or the
employeeÂ’s minor child or dependent, including preparing for and participating
in protective order proceedings or other civil or criminal legal proceedings
related to domestic violence, sexual assault or stalking.
     (2) To seek medical treatment for or to
recover from injuries caused by domestic violence or sexual assault to or
stalking of the eligible employee or the employeeÂ’s minor child or dependent.
     (3) To obtain, or to assist a minor child
or dependent in obtaining, counseling from a licensed mental health
professional related to an experience of domestic violence, sexual assault or
stalking.
     (4) To obtain services from a victim services
provider for the eligible employee or the employeeÂ’s minor child or dependent.
     (5) To relocate or take steps to secure an
existing home to ensure the health and safety of the eligible employee or the
employee’s minor child or dependent. [2007 c.180 §3]
     659A.275
Undue hardship. (1) As used
in this section, “undue hardship” means a significant difficulty and expense to
a covered employerÂ’s business and includes consideration of the size of the
employerÂ’s business and the employerÂ’s critical need for the eligible employee.
     (2) A covered employer may limit the
amount of leave an eligible employee takes under ORS 659A.272 if the employeeÂ’s
leave creates an undue hardship on the employer’s business. [2007 c.180 §4]
     659A.277
Denying leave to employee prohibited; civil action. It is an unlawful employment practice for a
covered employer to deny leave to an eligible employee or to discharge,
threaten to discharge, demote, suspend or in any manner discriminate or
retaliate against an employee with regard to promotion, compensation or other
terms, conditions or privileges of employment because the employee takes leave
as provided in ORS 659A.272. [2007 c.180 §5]
     659A.280
Notice to employer; records confidential. (1) An eligible employee shall give the covered employer reasonable
advance notice of the employeeÂ’s intention to take leave for the purposes
identified in ORS 659A.272, unless giving the advance notice is not feasible.
     (2) The covered employer may require the
eligible employee to provide certification that:
     (a) The employee or the employee’s minor
child or dependent is a victim of domestic violence, sexual assault or
stalking; and
     (b) The leave taken is for one of the
purposes identified in ORS 659A.272.
     (3) The eligible employee shall provide the
certification within a reasonable time after receiving the covered employerÂ’s
request for the certification.
     (4) Any of the following constitutes
sufficient certification:
     (a) A copy of a police report indicating
that the eligible employee or the employeeÂ’s minor child or dependent was a
victim of domestic violence, sexual assault or stalking.
     (b) A copy of a protective order or other
evidence from a court or attorney that the eligible employee appeared in or was
preparing for a civil or criminal proceeding related to domestic violence,
sexual assault or stalking.
     (c) Documentation from an attorney, law
enforcement officer, health care professional, licensed mental health
professional or counselor, member of the clergy or victim services provider
that the eligible employee or the employeeÂ’s minor child or dependent was
undergoing treatment or counseling, obtaining services or relocating as a
result of domestic violence, sexual assault or stalking.
     (5) All records and information kept by a
covered employer regarding an eligible employeeÂ’s leave under ORS 659A.270 to
659A.285, including the fact that the employee has requested or obtained leave
under ORS 659A.272, are confidential and may not be released without the
express permission of the employee, unless otherwise required by law. [2007
c.180 §6]
     659A.285
Use of paid leave. (1)
Except as provided in subsections (2) and (3) of this section, and unless
otherwise provided by the terms of an agreement between the eligible employee
and the covered employer, a collective bargaining agreement or an employer
policy, a covered employer is not required to grant leave with pay to an
eligible employee under ORS 659A.272.
     (2) An eligible employee who takes leave
pursuant to ORS 659A.272 may use any paid accrued vacation leave or may use any
other paid leave that is offered by the covered employer in lieu of vacation
leave during the period of leave.
     (3) Subject to the terms of any agreement
between the eligible employee and the covered employer or the terms of a
collective bargaining agreement or an employer policy, the covered employer may
determine the order in which paid accrued leave is to be used when more than
one type of paid accrued leave is available to the employee. [2007 c.180 §7]
MISCELLANEOUS
UNLAWFUL EMPLOYMENT DISCRIMINATION
(Prohibited
Testing)
     659A.300
Requiring breathalyzer, polygraph, psychological stress or brain-wave test or
genetic test prohibited; exceptions. (1) Except as provided in this section, it is an unlawful employment
practice for any employer to subject, directly or indirectly, any employee or
prospective employee to any breathalyzer test, polygraph examination,
psychological stress test, genetic test or brain-wave test.
     (2) As used in this section:
     (a) “Breathalyzer test” means a test to
detect the presence of alcohol in the body through the use of instrumentation
or mechanical devices.
     (b) “Genetic test” has the meaning given
in ORS 192.531.
     (c) “Polygraph examination or
psychological stress test” means a test to detect deception or to verify the
truth of statements through the use of instrumentation or mechanical devices.
     (d) An individual is “under the influence
of intoxicating liquor” when the individual’s blood alcohol content exceeds the
amount prescribed in a collective bargaining agreement or the amount prescribed
in the employerÂ’s work rules if there is no applicable collective bargaining
provision.
     (3) Nothing in subsection (1) of this
section shall be construed to prohibit the administration of a polygraph
examination to an individual, if the individual consents to the examination,
during the course of criminal or civil judicial proceedings in which the
individual is a party or witness or during the course of a criminal
investigation conducted by a law enforcement agency, as defined in ORS 181.010,
a district attorney or the Attorney General.
     (4) Nothing in subsection (1) of this
section shall be construed to prohibit the administration of a breathalyzer
test to an individual if the individual consents to the test. If the employer
has reasonable grounds to believe that the individual is under the influence of
intoxicating liquor, the employer may require, as a condition for employment or
continuation of employment, the administration of a blood alcohol content test by
a third party or a breathalyzer test. The employer shall not require the
employee to pay the cost of administering any such test.
     (5) Subsection (1) of this section does
not prohibit the administration of a genetic test to an individual if the
individual or the individualÂ’s representative grants informed consent in the
manner provided by ORS 192.535, and the genetic test is administered solely to
determine a bona fide occupational qualification. [Formerly 659.227]
     659A.303
Employer prohibited from obtaining, seeking to obtain or using genetic
information; remedies. (1)
It is an unlawful employment practice for an employer to seek to obtain, to
obtain or to use genetic information of an employee or a prospective employee,
or of a blood relative of the employee or prospective employee, to distinguish
between or discriminate against or restrict any right or benefit otherwise due
or available to an employee or a prospective employee.
     (2) An employee or prospective employee
may bring a civil action under ORS 659A.885 for a violation of this section.
     (3) For purposes of this section, “blood
relative,” “genetic information” and “obtain genetic information” have the
meanings given those terms in ORS 192.531. [Formerly 659.036]
     659A.306
Requiring employee to pay for medical examination as condition of continued
employment prohibited; exceptions. (1) It is an unlawful employment practice for any employer to require
an employee, as a condition of continuation of employment, to pay the cost of
any medical examination or the cost of furnishing any health certificate.
     (2) Notwithstanding subsection (1) of this
section, it is not an unlawful employment practice for an employer to require
the payment of medical examination or health certificate costs:
     (a) From health and welfare fringe benefit
moneys contributed entirely by the employer; or
     (b) By the employee if the medical
examination or health certificate is required pursuant to a collective
bargaining agreement, state or federal statute or city or county ordinance. [Formerly
659.330]
(Miscellaneous
Provisions)
     659A.309
Discrimination solely because of employment of another family member
prohibited; exceptions. (1)
Except as provided in subsection (2) of this section, it is an unlawful
employment practice for an employer solely because another member of an
individualÂ’s family works or has worked for that employer to:
     (a) Refuse to hire or employ an
individual;
     (b) Bar or discharge from employment an
individual; or
     (c) Discriminate against an individual in
compensation or in terms, conditions or privileges of employment.
     (2) An employer is not required to hire or
employ and is not prohibited from barring or discharging an individual if such
action:
     (a) Would constitute a violation of any
law of this state or of the
     (b) Would constitute a violation of the
conditions of eligibility for receipt by the employer of financial assistance
from the government of this state or the
     (c) Would place the individual in a
position of exercising supervisory, appointment or grievance adjustment
authority over a member of the individualÂ’s family or in a position of being
subject to such authority which a member of the individualÂ’s family exercises;
or
     (d) Would cause the employer to disregard
a bona fide occupational requirement reasonably necessary to the normal
operation of the employerÂ’s business.
     (3) As used in this section, “member of an
individual’s family” means the wife, husband, son, daughter, mother, father,
brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law,
mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent or
stepchild of the individual. [Formerly 659.340]
     659A.312
Leave of absence to donate bone marrow; verification by employer. (1) It is an unlawful employment practice
for an employer to deny to grant already accrued paid leaves of absence to an
employee who seeks to undergo a medical procedure to donate bone marrow. The
total length of the leaves shall be determined by the employee, but shall not
exceed the amount of already accrued paid leave or 40 work hours, whichever is
less, unless agreed to by the employer.
     (2) The employer may require verification
by a physician of the purpose and length of each leave requested by the
employee to donate bone marrow. If there is a medical determination that the
employee does not qualify as a bone marrow donor, the paid leave of absence
used by the employee prior to that medical determination is not affected.
     (3) An employer shall not retaliate
against an employee for requesting or using accrued paid leave of absence as
provided by this section.
     (4) This section does not:
     (a) Prevent an employer from providing leave
for bone marrow donations in addition to leave required under this section.
     (b) Affect an employee’s rights with
respect to any other employment benefit.
     (5) This section applies only to employees
who work an average of 20 or more hours per week. [Formerly 659.358]
     659A.315
Restricting use of tobacco in nonworking hours prohibited; exceptions. (1) It is an unlawful employment practice
for any employer to require, as a condition of employment, that any employee or
prospective employee refrain from using lawful tobacco products during
nonworking hours, except when the restriction relates to a bona fide
occupational requirement.
     (2) Subsection (1) of this section does
not apply if an applicable collective bargaining agreement prohibits off-duty
use of tobacco products. [Formerly 659.380; 2005 c.199 §3]
     659A.318
Discrimination relating to academic degree in theology or religious occupations
prohibited. (1) If an
employer requires an applicant or employee to have an academic degree from a
post-secondary institution to qualify for a position, but does not require a
degree with a specific title, it is an unlawful employment practice for the
employer to refuse to hire or promote or in any manner discriminate or
retaliate against the applicant or employee only because the applicant or
employee meets the educational requirements for the position by having a degree
with a title in theology or religious occupations from a school that, when the
degree was issued, was a school described in ORS 348.594 (2)(d) on the date
preceding July 15, 2005, or was a school exempt from ORS 348.594 to 348.615
under ORS 348.604.
     (2) If an employer other than a public
body, as defined in ORS 192.410, offers employees benefits of tuition
reimbursement, educational debt reduction, educational incentive or educational
contribution or gift match for educational services provided by a
post-secondary institution and the employer does not restrict the program to
specific institutions or degrees with specific titles, it is an unlawful employment
practice for the employer to refuse to offer the benefit to or in any manner
discriminate or retaliate against an employee because the employee attends or
seeks to attend a school that is:
     (a) A school that was, on the date before
July 15, 2005, described in ORS 348.594 (2)(d); or
     (b) Exempt from ORS 348.594 to 348.615
under ORS 348.604. [2001 c.621 §93; 2005 c.546 §11]
     659A.321
Seniority systems and benefit plans not unlawful employment practices. It is not an unlawful employment practice
for an employer, employment agency or labor organization to observe the terms
of a bona fide seniority system or any bona fide employee benefit plan such as
a retirement, pension or insurance plan, which is not a subterfuge to evade the
purposes of this chapter. However, except as otherwise provided by law, no such
employee benefit plan shall excuse the failure to hire any individual and no
such seniority system or employee benefit plan shall require the involuntary
retirement of any individual 18 years of age or older because of the age of
such individual. [Formerly 659.028]
UNLAWFUL
DISCRIMINATION IN PUBLIC ACCOMMODATIONS
     659A.400
Place of public accommodation defined. (1) A place of public accommodation, subject to the exclusion in
subsection (2) of this section, means any place or service offering to the
public accommodations, advantages, facilities or privileges whether in the
nature of goods, services, lodgings, amusements or otherwise.
     (2) However, a place of public
accommodation does not include any institution, bona fide club or place of
accommodation which is in its nature distinctly private. [Formerly 30.675]
     659A.403
Discrimination in place of public accommodation prohibited. (1) Except as provided in subsection (2) of
this section, all persons within the jurisdiction of this state are entitled to
the full and equal accommodations, advantages, facilities and privileges of any
place of public accommodation, without any distinction, discrimination or
restriction on account of race, religion, sex, marital status, color, national
origin or age if the individual is 18 years of age or older.
     (2) Subsection (1) of this section does
not prohibit:
     (a) The enforcement of laws governing the
consumption of alcoholic beverages by minors and the frequenting by minors of
places of public accommodation where alcoholic beverages are served; or
     (b) The offering of special rates or
services to persons 50 years of age or older.
     (3) It is an unlawful practice for any
person to deny full and equal accommodations, advantages, facilities and
privileges of any place of public accommodation in violation of this section. [Formerly
30.670; 2003 c.521 §1; 2005 c.131 §1]
     Note: The amendments to 659A.403 by section 5,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.403 by section 5, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.403, as amended by section
5, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     659A.403. (1) Except as provided in subsection (2) of
this section, all persons within the jurisdiction of this state are entitled to
the full and equal accommodations, advantages, facilities and privileges of any
place of public accommodation, without any distinction, discrimination or
restriction on account of race, color, religion, sex, sexual orientation,
national origin, marital status or age if the individual is 18 years of age or
older.
     (2) Subsection (1) of this section does
not prohibit:
     (a) The enforcement of laws governing the
consumption of alcoholic beverages by minors and the frequenting by minors of
places of public accommodation where alcoholic beverages are served; or
     (b) The offering of special rates or
services to persons 50 years of age or older.
     (3) It is an unlawful practice for any
person to deny full and equal accommodations, advantages, facilities and
privileges of any place of public accommodation in violation of this section.
     659A.406
Aiding or abetting certain discrimination prohibited. Except as otherwise authorized by ORS
659A.403, it is an unlawful practice for any person to aid or abet any place of
public accommodation, as defined in ORS 659A.400, or any person acting on
behalf of such place to make any distinction, discrimination or restriction on
account of race, religion, color, sex, marital status, national origin or age
if the individual is 18 years of age or older. [Formerly 30.685; 2003 c.521 §2]
     Note: The amendments to 659A.406 by section 6,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.406 by section 6, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.406, as amended by section
6, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     659A.406. Except as otherwise authorized by ORS
659A.403, it is an unlawful practice for any person to aid or abet any place of
public accommodation, as defined in ORS 659A.400, or any employee or person
acting on behalf of the place of public accommodation to make any distinction,
discrimination or restriction on account of race, color, religion, sex, sexual
orientation, national origin, marital status or age if the individual is 18
years of age or older.
     659A.409
Notice that discrimination will be made in place of public accommodation prohibited;
age exceptions. Except as
provided by laws governing the consumption of alcoholic beverages by minors and
the frequenting by minors of places of public accommodation where alcoholic
beverages are served, and except for special rates or services offered to
persons 50 years of age or older, it is an unlawful practice for any person
acting on behalf of any place of public accommodation as defined in ORS
659A.400 to publish, circulate, issue or display, or cause to be published,
circulated, issued or displayed, any communication, notice, advertisement or
sign of any kind to the effect that any of the accommodations, advantages, facilities,
services or privileges of the place of public accommodation will be refused,
withheld from or denied to, or that any discrimination will be made against,
any person on account of race, religion, sex, marital status, color, national
origin or age if the individual is 18 years of age or older. [Formerly 659.037;
2003 c.521 §3; 2005 c.131 §2]
     Note: The amendments to 659A.409 by section 7,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.409 by section 7, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.409, as amended by section
7, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     659A.409. Except as provided by laws governing the
consumption of alcoholic beverages by minors and the frequenting by minors of
places of public accommodation where alcoholic beverages are served, and except
for special rates or services offered to persons 50 years of age or older, it is
an unlawful practice for any person acting on behalf of any place of public
accommodation as defined in ORS 659A.400 to publish, circulate, issue or
display, or cause to be published, circulated, issued or displayed, any
communication, notice, advertisement or sign of any kind to the effect that any
of the accommodations, advantages, facilities, services or privileges of the
place of public accommodation will be refused, withheld from or denied to, or
that any discrimination will be made against, any person on account of race,
color, religion, sex, sexual orientation, national origin, marital status or
age if the individual is 18 years of age or older.
UNLAWFUL
DISCRIMINATION IN REAL PROPERTY TRANSACTIONS
     659A.420
“Purchaser” defined for ORS 659A.421. As used in ORS 659A.421, unless the context requires otherwise, “purchaser”
includes an occupant, prospective occupant, lessee, prospective lessee, buyer
or prospective buyer. [Formerly 659.031]
    Â
     659A.421
Discrimination in selling, renting or leasing real property prohibited. (1) A person may not, because of race,
color, sex, marital status, source of income, familial status, religion or
national origin of any person:
     (a) Refuse to sell, lease or rent any real
property to a purchaser.
     (b) Expel a purchaser from any real
property.
     (c) Make any distinction, discrimination
or restriction against a purchaser in the price, terms, conditions or
privileges relating to the sale, rental, lease or occupancy of real property or
in the furnishing of any facilities or services in connection therewith.
     (d) Attempt to discourage the sale, rental
or lease of any real property to a purchaser.
     (e) Publish, circulate, issue or display,
or cause to be published, circulated, issued or displayed, any communication,
notice, advertisement or sign of any kind relating to the sale, rental or
leasing of real property that indicates any preference, limitation,
specification or unlawful discrimination based on race, color, sex, marital
status, source of income, familial status, religion or national origin.
     (f) Assist, induce, incite or coerce
another person to commit an act or engage in a practice that violates this
section.
     (g) Coerce, intimidate, threaten or
interfere with any person in the exercise or enjoyment of, or on account of
having aided or encouraged any other person in the exercise of, any right
granted or protected by this section.
     (h) Deny access to, or membership or
participation in, any multiple listing service, real estate brokersÂ’
organization or other service, organization or facility relating to the
business of selling or renting dwellings, or discriminate against any person in
the terms or conditions of the access, membership or participation.
     (i) Represent to a person that a dwelling
is not available for inspection, sale or rental when the dwelling in fact is
available for inspection, sale or rental.
     (j) Otherwise make unavailable or deny a
dwelling to a person.
     (2)(a) A person whose business includes
engaging in residential real estate related transactions may not discriminate
against any person in making a transaction available, or in the terms or
conditions of the transaction, because of race, color, sex, marital status,
source of income, familial status, religion or national origin.
     (b) As used in this subsection, “residential
real estate related transaction” means any of the following:
     (A) The making or purchasing of loans or
providing other financial assistance:
     (i) For purchasing, constructing,
improving, repairing or maintaining a dwelling; or
     (ii) For securing residential real estate;
or
     (B) The selling, brokering or appraising
of residential real property.
     (3) A real estate licensee may not accept
or retain a listing of real property for sale, lease or rental with an
understanding that a purchaser may be discriminated against with respect to the
sale, rental or lease thereof because of race, color, sex, marital status,
source of income, familial status, religion or national origin.
     (4) A person may not, for profit, induce
or attempt to induce any other person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood
of a person or persons of a particular race, color, sex, marital status, source
of income, familial status, religion or national origin.
     (5) For purposes of this section, “source
of income” does not include federal rent subsidy payments under 42 U.S.C.
1437f, income from specific occupations or income derived in an illegal manner.
     (6) This section does not apply with
respect to sex distinction, discrimination or restriction if the real property
involved is such that the application of this section would necessarily result
in common use of bath or bedroom facilities by unrelated persons of opposite
sex.
     (7)(a) This section does not apply to
familial status distinction, discrimination or restriction with respect to
housing for older persons.
     (b) As used in this subsection, “housing
for older persons” means housing:
     (A) Provided under any state or federal
program that is specifically designed and operated to assist elderly persons,
as defined by the state or federal program;
     (B) Intended for, and solely occupied by,
persons 62 years of age or older; or
     (C) Intended and operated for occupancy by
at least one person 55 years of age or older per unit. Housing qualifies as
housing for older persons under this subparagraph if:
     (i) At least 80 percent of the dwellings
are occupied by at least one person 55 years of age or older per unit; and
     (ii) Policies and procedures that
demonstrate an intent by the owner or manager to provide housing for persons 55
years of age or older are published and adhered to.
     (c) Housing does not fail to meet the
requirements for housing for older persons if:
     (A) Persons residing in the housing as of
September 13, 1988, do not meet the requirements of paragraph (b)(B) or (C) of
this subsection. However, new occupants of the housing shall meet the age
requirements of paragraph (b)(B) or (C) of this subsection; or
     (B) The housing includes unoccupied units
that are reserved for occupancy by persons who meet the age requirements of
paragraph (b)(B) or (C) of this subsection.
     (d) Nothing in this section limits the
applicability of any reasonable local, state or federal restrictions regarding
the maximum number of occupants permitted to occupy a dwelling.
     (8) The provisions of subsection (1)(a) to
(d) and (f) of this section that prohibit actions based upon familial status or
sex do not apply to the renting of space within a single-family residence if
the owner actually maintains and occupies the residence as the ownerÂ’s primary
residence and all occupants share some common space within the residence.
     (9) Any violation of this section is an
unlawful practice. [Formerly 659.033; 2007 c.903 §4]
     Note: The amendments to 659A.421 by section 8,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.421 by section 8, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.421, as amended by section
8, chapter 100, Oregon Laws 2007, and including amendments by section 4a,
chapter 903, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     659A.421. (1) A person may not, because of the race,
color, religion, sex, sexual orientation, national origin, marital status,
familial status or source of income of any person:
     (a) Refuse to sell, lease or rent any real
property to a purchaser.
     (b) Expel a purchaser from any real
property.
     (c) Make any distinction, discrimination
or restriction against a purchaser in the price, terms, conditions or
privileges relating to the sale, rental, lease or occupancy of real property or
in the furnishing of any facilities or services in connection therewith.
     (d) Attempt to discourage the sale, rental
or lease of any real property to a purchaser.
     (e) Publish, circulate, issue or display,
or cause to be published, circulated, issued or displayed, any communication,
notice, advertisement or sign of any kind relating to the sale, rental or
leasing of real property that indicates any preference, limitation,
specification or unlawful discrimination based on race, color, religion, sex,
sexual orientation, national origin, marital status, familial status or source
of income.
     (f) Assist, induce, incite or coerce
another person to commit an act or engage in a practice that violates this
section.
     (g) Coerce, intimidate, threaten or
interfere with any person in the exercise or enjoyment of, or on account of
having aided or encouraged any other person in the exercise of, any right
granted or protected by this section.
     (h) Deny access to, or membership or
participation in, any multiple listing service, real estate brokersÂ’
organization or other service, organization or facility relating to the business
of selling or renting dwellings, or discriminate against any person in the
terms or conditions of the access, membership or participation.
     (i) Represent to a person that a dwelling
is not available for inspection, sale or rental when the dwelling in fact is
available for inspection, sale or rental.
     (j) Otherwise make unavailable or deny a
dwelling to a person.
     (2)(a) A person whose business includes
engaging in residential real estate related transactions may not discriminate
against any person in making a transaction available, or in the terms or
conditions of the transaction, because of race, color, religion, sex, sexual
orientation, national origin, marital status, familial status or source of
income.
     (b) As used in this subsection, “residential
real estate related transaction” means any of the following:
     (A) The making or purchasing of loans or
providing other financial assistance:
     (i) For purchasing, constructing,
improving, repairing or maintaining a dwelling; or
     (ii) For securing residential real estate;
or
     (B) The selling, brokering or appraising
of residential real property.
     (3) A real estate licensee may not accept
or retain a listing of real property for sale, lease or rental with an
understanding that a purchaser may be discriminated against with respect to the
sale, rental or lease thereof because of race, color, religion, sex, sexual
orientation, national origin, marital status, familial status or source of
income.
     (4) A person may not, for profit, induce
or attempt to induce any other person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood
of a person or persons of a particular race, color, religion, sex, sexual
orientation, national origin, marital status, familial status or source of
income.
     (5) For purposes of this section, “source
of income” does not include federal rent subsidy payments under 42 U.S.C.
1437f, income from specific occupations or income derived in an illegal manner.
     (6) This section does not apply with
respect to sex distinction, discrimination or restriction if the real property
involved is such that the application of this section would necessarily result
in common use of bath or bedroom facilities by unrelated persons of opposite
sex.
     (7)(a) This section does not apply to
familial status distinction, discrimination or restriction with respect to
housing for older persons.
     (b) As used in this subsection, “housing
for older persons” means housing:
     (A) Provided under any state or federal
program that is specifically designed and operated to assist elderly persons,
as defined by the state or federal program;
     (B) Intended for, and solely occupied by,
persons 62 years of age or older; or
     (C) Intended and operated for occupancy by
at least one person 55 years of age or older per unit. Housing qualifies as
housing for older persons under this subparagraph if:
     (i) At least 80 percent of the dwellings
are occupied by at least one person 55 years of age or older per unit; and
     (ii) Policies and procedures that
demonstrate an intent by the owner or manager to provide housing for persons 55
years of age or older are published and adhered to.
     (c) Housing does not fail to meet the
requirements for housing for older persons if:
     (A) Persons residing in the housing as of
September 13, 1988, do not meet the requirements of paragraph (b)(B) or (C) of
this subsection. However, new occupants of the housing shall meet the age
requirements of paragraph (b)(B) or (C) of this subsection; or
     (B) The housing includes unoccupied units
that are reserved for occupancy by persons who meet the age requirements of
paragraph (b)(B) or (C) of this subsection.
     (d) Nothing in this section limits the
applicability of any reasonable local, state or federal restrictions regarding
the maximum number of occupants permitted to occupy a dwelling.
     (8) The provisions of subsection (1)(a) to
(d) and (f) of this section that prohibit actions based upon sex, sexual
orientation or familial status do not apply to the renting of space within a
single-family residence if the owner actually maintains and occupies the
residence as the ownerÂ’s primary residence and all occupants share some common
space within the residence.
     (9) Any violation of this section is an
unlawful practice.
     Note: See second note under 659A.003.
     659A.424 [2003 c.378 §2; repealed by 2007 c.903 §15]
ADMINISTRATIVE
ACTIONS FOR UNLAWFUL DISCRIMINATION
(Enforcement
Powers of Bureau of Labor and Industries)
     659A.800
Elimination and prevention of discrimination by Bureau of Labor and Industries;
subpoenas. (1) The Bureau of
Labor and Industries may take all steps necessary to eliminate and prevent
unlawful practices. To eliminate the effects of unlawful discrimination, the
bureau may promote voluntarily affirmative action by employers, labor
organizations, governmental agencies, private organizations and individuals and
may accept financial assistance and grants or funds for this purpose.
     (2) The bureau is given general
jurisdiction and power for the purpose of eliminating and preventing unlawful
practices.
     (3) The Commissioner of the Bureau of
Labor and Industries shall employ a deputy commissioner and such other
personnel as may be necessary to carry into effect the powers and duties
conferred upon the bureau and the commissioner under this chapter and may
prescribe the duties and responsibilities of the employees. The commissioner
may delegate any of the powers under this chapter to the deputy commissioner
employed under this subsection.
     (4) In the manner described in ORS 651.060,
the commissioner may conduct investigations, issue subpoenas and subpoenas
duces tecum, administer oaths, obtain evidence and take testimony in all
matters relating to the duties required under this chapter.
     (5) A person delegated any powers or duties
under this section and ORS 659A.805 may not act as prosecutor and examiner in
processing any violation under this chapter. [Formerly 659.100; 2007 c.277 §4]
     659A.805
Rules for carrying out ORS chapter 659A. (1) In accordance with any applicable provision of ORS chapter 183,
the Commissioner of the Bureau of Labor and Industries may adopt reasonable
rules:
     (a) Establishing what acts and
communications constitute a notice, sign or advertisement that public
accommodation or real property will be refused, withheld from, or denied to any
person or that the person will be unlawfully discriminated against because of
race, religion, sex, marital status, disability, color, national origin,
familial status or, with respect to public accommodation, age.
     (b) Establishing what inquiries in
connection with employment and prospective employment express a limitation,
specification or unlawful discrimination as to race, religion, color, sex,
disability, national origin or age.
     (c) Establishing what inquiries in connection
with employment and prospective employment soliciting information as to race,
religion, color, sex, disability, national origin or age are based on bona fide
job qualifications.
     (d) For internal operation and practice
and procedure before the commissioner under this chapter.
     (e) Covering any other matter required to
carry out the purposes of this chapter.
     (2) In adopting rules under this section
the commissioner shall consider the following factors, among others:
     (a) The relevance of information requested
to job performance in connection with which it is requested.
     (b) Available reasonable alternative ways
of obtaining requested information without soliciting responses as to race,
religion, color, sex, disability, marital status, national origin, age or, with
respect to real property transactions, familial status.
     (c) Whether a statement or inquiry
soliciting information as to race, religion, color, sex, disability, marital
status, national origin, age or, with respect to real property transactions,
familial status, communicates an idea independent of an intention to limit,
specify or unlawfully discriminate as to race, religion, color, sex,
disability, marital status, national origin, age or, with respect to real
property transactions, familial status.
     (d) Whether the independent idea
communicated is relevant to a legitimate objective of the kind of transaction
which it contemplates.
     (e) The ease with which the independent
idea relating to a legitimate objective of the kind of transaction contemplated
could be communicated without connoting an intention to unlawfully discriminate
as to race, religion, color, sex, disability, marital status, national origin,
age or, with respect to real property transactions, familial status. [Formerly
659.103; 2003 c.521 §4; 2007 c.903 §5]
     Note: The amendments to 659A.805 by section 10,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.805 by section 10, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.805, as amended by section
10, chapter 100, Oregon Laws 2007, and including amendments by section 5a,
chapter 903, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     659A.805. (1) In accordance with any applicable
provision of ORS chapter 183, the Commissioner of the Bureau of Labor and
Industries may adopt reasonable rules:
     (a) Establishing what acts and
communications constitute a notice, sign or advertisement that public
accommodation or real property will be refused, withheld from, or denied to any
person or that the person will be unlawfully discriminated against because of
race, color, religion, sex, sexual orientation, national origin, marital
status, disability or:
     (A) With respect to public accommodation,
age.
     (B) With respect to real property
transactions, familial status or source of income.
     (b) Establishing what inquiries in
connection with employment and prospective employment express a limitation,
specification or unlawful discrimination as to race, color, religion, sex,
sexual orientation, national origin, marital status, age or disability.
     (c) Establishing what inquiries in
connection with employment and prospective employment soliciting information as
to race, color, religion, sex, sexual orientation, national origin, marital
status, age or disability are based on bona fide occupational qualifications.
     (d) For internal operation and practice
and procedure before the commissioner under this chapter.
     (e) Covering any other matter required to
carry out the purposes of this chapter.
     (2) In adopting rules under this section
the commissioner shall consider the following factors, among others:
     (a) The relevance of information requested
to job performance in connection with which it is requested.
     (b) Available reasonable alternative ways
of obtaining requested information without soliciting responses as to race,
color, religion, sex, sexual orientation, national origin, marital status, age,
disability, source of income or, with respect to real property transactions,
familial status.
     (c) Whether a statement or inquiry
soliciting information as to race, color, religion, sex, sexual orientation,
national origin, marital status, age, disability, source of income or, with
respect to real property transactions, familial status, communicates an idea
independent of an intention to limit, specify or unlawfully discriminate as to
race, color, religion, sex, sexual orientation, national origin, marital
status, age, disability, source of income or, with respect to real property
transactions, familial status.
     (d) Whether the independent idea
communicated is relevant to a legitimate objective of the kind of transaction
that it contemplates.
     (e) The ease with which the independent
idea relating to a legitimate objective of the kind of transaction contemplated
could be communicated without connoting an intention to unlawfully discriminate
as to race, color, religion, sex, sexual orientation, national origin, marital
status, age, disability, source of income or, with respect to real property
transactions, familial status.
     Note: See second note under 659A.003.
     659A.810
Willful interference with administration of law and violation of orders of
commissioner prohibited. (1)
No person shall willfully resist, prevent, impede or interfere with the
Commissioner of the Bureau of Labor and Industries or any authorized agents of
the commissioner in the performance of duty under this chapter or willfully
violate an order of the commissioner.
     (2) An appeal or other procedure for the
review of any such order is not deemed to be such willful conduct. [Formerly
659.110]
     659A.815
Advisory agencies and intergroup-relations councils. (1) The Commissioner of the Bureau of Labor
and Industries shall create such advisory agencies and intergroup-relations
councils, local, regional or statewide, as in the judgment of the commissioner
will aid in effectuating the purposes of this chapter. The commissioner may
empower them:
     (a) To study the problems of
discrimination in all or specific fields of human relationships or in specific
instances of discrimination because of race, religion, color, sex or national
origin.
     (b) To foster, through community effort or
otherwise, goodwill, cooperation and conciliation among the groups and elements
of the population of the state.
     (c) To make recommendations to the
commissioner for the development of policies and procedures in general and in
specific instances, and for programs of formal and informal education.
     (2) Such advisory agencies and councils
shall be composed of representative citizens, serving without pay, but with
reimbursement for actual and necessary expenses in accordance with laws and
regulations governing state officers.
     (3) The commissioner may make provision
for technical and clerical assistance to such agencies and councils and for the
expenses of such assistance. [Formerly 659.115]
     Note: The amendments to 659A.815 by section 11,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.815 by section 11, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.815, as amended by section
11, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     659A.815. (1) The Commissioner of the Bureau of Labor
and Industries shall create such advisory agencies and intergroup-relations
councils as the commissioner believes necessary to aid in effectuating the
purposes of this chapter. The commissioner may empower advisory agencies and
councils:
     (a) To study the problems of
discrimination in all or specific fields of human relationships or in specific
instances of discrimination because of race, color, religion, sex, sexual
orientation, national origin, marital status, age, disability, familial status
or source of income.
     (b) To foster, through community effort or
otherwise, goodwill, cooperation and conciliation among the groups and elements
of the population of the state.
     (c) To make recommendations to the commissioner
for the development of policies and procedures in general and in specific
instances, and for programs of formal and informal education.
     (2) The advisory agencies and councils
shall be composed of representative citizens, serving without pay, but with
reimbursement for actual and necessary expenses in accordance with laws and
regulations governing state officers.
     (3) The commissioner may make provision
for technical and clerical assistance to the advisory agencies and councils and
for the expenses of the assistance.
(Complaint,
Investigation and Hearing Procedures)
     659A.820
Complaints. (1) Any person
claiming to be aggrieved by an alleged unlawful practice may file with the
Commissioner of the Bureau of Labor and Industries a verified written complaint
that states the name and address of the person alleged to have committed the
unlawful practice. The complaint may be signed by the complainant or the
attorney for the complainant. The complaint must set forth the acts or
omissions alleged to be an unlawful practice. The complainant may be required
to set forth in the complaint such other information as the commissioner may
require. Except as provided in ORS 654.062, a complaint under this section must
be filed no later than one year after the alleged unlawful practice.
     (2) A complaint may not be filed under
this section if a civil action has been commenced in state or federal court
alleging the same matters.
     (3) If an employer has one or more
employees who refuse or threaten to refuse to abide by the provisions of this
chapter or to cooperate in carrying out the purposes of this chapter, the
employer may file with the commissioner a verified complaint requesting
assistance by conciliation or other remedial action.
     (4) Except as provided in subsection (5)
of this section, the commissioner shall notify the person against whom a
complaint is made within 30 days of the filing of the complaint. The
commissioner shall include in the notice the date, place and circumstances of
the alleged unlawful practice.
     (5) The commissioner shall notify the
person against whom a complaint alleging an unlawful practice under ORS
659A.145 or 659A.421 or discrimination under federal housing law is made within
10 days of the filing of the complaint. The commissioner shall include in the
notice:
     (a) The date, place and circumstances of
the alleged unlawful practice; and
     (b) A statement that the person against
whom the complaint is made may file an answer to the complaint. [2001 c.621 §2;
2007 c.71 §214; 2007 c.903 §6]
     Note: See second note under 659A.003.
     659A.825
Complaints filed by Attorney General or commissioner; temporary cease and desist
orders in certain cases. (1)
If the Attorney General or the Commissioner of the Bureau of Labor and
Industries has reason to believe that any person has committed an unlawful
practice, the Attorney General or the commissioner may file a complaint in the
same manner as provided for a complaint filed by a person under ORS 659A.820.
If the Attorney General or the commissioner has reason to believe that a
violation of ORS 659A.403, 659A.406 or 659A.409 has occurred, the Attorney
General or the commissioner may file a complaint under this section against any
person acting on behalf of a place of public accommodation and against any person
who has aided or abetted in that violation.
     (2) If the commissioner files a complaint
under this section alleging an unlawful practice other than an unlawful
employment practice, the commissioner may also issue a temporary cease and
desist order requiring any respondent named in the complaint to refrain from
the unlawful practice alleged. A temporary cease and desist order under this
section may contain any provision that could be included in a cease and desist
order issued after a hearing under ORS 659A.850. [2001 c.621 §3]
     659A.830
Authority of commissioner.
(1) Except as provided in subsection (5) of this section, all authority of the
Commissioner of the Bureau of Labor and Industries to conduct investigations or
other proceedings to resolve a complaint filed under ORS 659A.820 ceases upon
the filing of a civil action by the complainant alleging the same matters that
are the basis of the complaint under ORS 659A.820.
     (2) The commissioner may dismiss a
complaint at any time after the complaint is filed. Upon the written request of
the person who filed the complaint under ORS 659A.820, the commissioner shall
dismiss the complaint. Upon dismissal of the complaint, the commissioner shall
issue a 90-day notice if notice is required under ORS 659A.880.
     (3) Except as provided in this section,
all authority of the commissioner to conduct investigations or other
proceedings to resolve a complaint filed under ORS 659A.820 ceases one year
after the complaint is filed unless the commissioner has issued a finding of
substantial evidence under ORS 659A.835 during the one-year period.
     (4) The authority of the commissioner to
conduct investigations or other proceedings to resolve a complaint filed under
ORS 659A.820 alleging an unlawful practice under ORS 659A.403 or 659A.406
continues until the filing of a civil action by the complainant or until the
commissioner dismisses the proceedings, enters into a settlement agreement or
enters a final order in the matter after a hearing under ORS 659A.850.
     (5) The authority of the commissioner to
conduct investigations or other proceedings to resolve a complaint filed under
ORS 659A.820 alleging an unlawful practice under ORS 659A.145 or 659A.421 or
discrimination under federal housing law does not cease upon the filing of a
civil action by the complainant, but ceases upon the commencement of a trial in
the civil action.
     (6) The authority of the commissioner to
conduct investigations or other proceedings to resolve a complaint filed under
ORS 659A.820 alleging a violation of ORS 659A.145 or 659A.421 or 659A.406 does
not cease under subsection (3) of this section if the issuance of a finding of
substantial evidence under ORS 659A.835 within the time allowed under
subsection (3) of this section is not practicable. The commission must notify
the parties in writing of the reasons that the issuance of substantial evidence
cannot be made within the time allowed.
     (7) Nothing in this section affects the
ability of the commissioner to enforce any order entered by the commissioner or
to enforce any settlement agreement signed by a representative of the
commissioner. [2001 c.621 §4; 2007 c.903 §7]
     Note: See second note under 659A.003.
     659A.835
Investigation; finding of substantial evidence. (1) Except as provided in subsection (2) of
this section, after the filing of any complaint under ORS 659A.820 or 659A.825,
the Commissioner of the Bureau of Labor and Industries may investigate the
complaint.
     (2) The commissioner shall commence an
investigation of any complaint filed under ORS 659A.820 or 659A.825 alleging an
unlawful practice under ORS 659A.145 or 659A.421 or discrimination under
federal housing law within 30 days after the filing of the complaint.
     (3) If, by reason of an investigation
under this section, the commissioner determines that additional persons should
be named as respondents in the complaint, the commissioner may add the names of
those persons to the complaint. The commissioner may name additional persons as
respondents under this subsection only during the course of the investigation.
Within 10 days after identifying an additional person who will be named as a
respondent, the commission shall serve the person with a copy of the complaint
that identifies the alleged discriminatory housing practice and a notice that advises
the person of the procedural rights and obligations of the person, including
the personÂ’s right to file an answer to the complaint.
     (4) If an investigation under this section
discloses any substantial evidence supporting the allegations of a complaint,
the commissioner shall issue a finding of substantial evidence. The finding
must be sent to the respondent and the complainant and must be signed by the
commissioner or the commissionerÂ’s designee. The finding must include at least
the following information:
     (a) The names of the complainant and the
respondent;
     (b) The allegations contained in the
complaint;
     (c) Facts found by the commissioner that
are related to the allegations of the complaint; and
     (d) A statement that the investigation of
the complaint has disclosed substantial evidence supporting the allegations of
the complaint. [2001 c.621 §5; 2007 c.903 §8]
     Note: See second note under 659A.003.
     659A.840
Settlement. (1) The
Commissioner of the Bureau of Labor and Industries and any respondent named in
a complaint may enter into a settlement at any time after the filing of a
complaint. Upon issuing a finding of substantial evidence under ORS 659A.835,
the commissioner may take immediate steps to settle the matter through
conference, conciliation and persuasion, to eliminate the effects of the
unlawful practice and to otherwise carry out the purposes of this chapter.
     (2) The terms of any settlement agreement
entered into under this chapter must be contained in a written settlement
agreement signed by the complainant, the respondent and a representative of the
commissioner. Such agreement may include any or all terms and conditions that
may be included in a cease and desist order issued by the commissioner after a
hearing under ORS 659A.850.
     (3) A complainant may file a complaint
with the commissioner at any time after a settlement agreement has been entered
into under this chapter to seek enforcement of the terms of the agreement. A
complaint under this subsection must be filed within one year after the act or
omission alleged to be a violation of the terms of the agreement. The
commissioner shall investigate and resolve the complaint in the same manner as
provided in this chapter for a complaint filed under ORS 659A.820.
     (4) In addition to the remedy provided
under subsection (3) of this section, a complainant may seek to enforce a
settlement agreement entered into under this chapter by writ of mandamus or a
civil action seeking injunctive relief or specific performance of the
agreement.
     (5) The commissioner shall enter an order
based on the terms of a settlement agreement that is signed by a representative
of the commissioner and that is entered into after the issuance of formal
charges under ORS 659A.845. In addition to enforcement in the manner provided
by subsection (3) or (4) of this section, the order may be recorded in the
County Clerk Lien Record in the manner provided by ORS 205.125 and enforced in
the manner provided by ORS 205.126. [2001 c.621 §6]
     659A.845
Formal charges. (1) If the
Commissioner of the Bureau of Labor and Industries issues a finding of
substantial evidence under ORS 659A.835 and the matter cannot be settled
through conference, conciliation and persuasion, or if the commissioner
determines that the interest of justice requires that a hearing be held without
first seeking settlement, the commissioner shall prepare formal charges. Formal
charges must contain all information required for a notice under ORS 183.415
and must specify the allegations of the complaint to which the respondent will
be required to make response. Formal charges shall also set the time and place
for hearing the formal charges.
     (2)(a) The commissioner shall serve the
formal charges on all respondents found to have engaged in the unlawful
practice.
     (b) If the formal charges allege a
violation of ORS 659A.145 or 659A.421 or discrimination under federal housing
law, the commissioner shall serve on the named respondents and complainants the
formal charges and a notice of the right of the respondents and complainants
under ORS 659A.870 to opt for a court trial instead of a hearing under ORS
659A.850. [2001 c.621 §7; 2007 c.903 §9]
     Note: See second note under 659A.003.
     659A.850
Hearing; orders. (1) All
proceedings before the Commissioner of the Bureau of Labor and Industries under
this section shall be conducted as contested case proceedings under the
provisions of ORS chapter 183. The commissioner may appoint a special tribunal
or hearing officer to hear the matter. The commissioner may affirm, reverse,
modify or supplement the determinations, conclusions or order of any special
tribunal or hearing officer appointed under this subsection. The scheduling of
a hearing under this section does not affect the ability of the commissioner
and any respondent to thereafter settle the matters alleged in the complaint
through conference, conciliation and persuasion.
     (2) After considering all the evidence,
the commissioner shall cause to be issued findings of facts and conclusions of
law.
     (3) The commissioner shall issue an order
dismissing the formal charges against any respondent not found to have engaged
in any unlawful practice alleged in the complaint.
     (4) After a hearing under this section,
the commissioner shall issue an appropriate cease and desist order against any
respondent found to have engaged in any unlawful practice alleged in the
complaint. The order must be signed by the commissioner and must take into
account the need to supervise compliance with the terms of order. The order may
require that the respondent:
     (a) Perform an act or series of acts
designated in the order that are reasonably calculated to:
     (A) Carry out the purposes of this
chapter;
     (B) Eliminate the effects of the unlawful
practice that the respondent is found to have engaged in, including but not
limited to paying an award of actual damages suffered by the complainant and
complying with injunctive or other equitable relief; and
     (C) Protect the rights of the complainant
and other persons similarly situated;
     (b) Submit reports to the commissioner on
the manner of compliance with other terms and conditions specified in the
commissionerÂ’s order, and take other action as may be required to ensure
compliance with the commissionerÂ’s order; and
     (c) Refrain from any action specified in
the order that would jeopardize the rights of the complainant or other persons
similarly situated, or that would otherwise frustrate the purposes of this
chapter.
     (5) A cease and desist order issued under
subsection (4) of this section may be recorded in the County Clerk Lien Record
in the manner provided by ORS 205.125 and enforced in the manner provided by
ORS 205.126. In addition to enforcement under ORS 205.126, the order may be
enforced by writ of mandamus or a civil action to compel specific performance
of the order. [2001 c.621 §8; 2007 c.903 §10]
     Note: See second note under 659A.003.
     659A.855
Civil penalty for certain complaints filed by commissioner. (1)(a) If the Commissioner of the Bureau of
Labor and Industries files a complaint under ORS 659A.825 alleging an unlawful
practice other than an unlawful employment practice, and the commissioner finds
that the respondent engaged in the unlawful practice, the commissioner may, in
addition to other steps taken to eliminate the unlawful practice, impose a
civil penalty upon each respondent found to have committed the unlawful
practice.
     (b) Civil penalties under this subsection
may not exceed $1,000 for each violation.
     (2)(a) Notwithstanding subsection (1)(b)
of this section, if a complaint is filed under ORS 659A.820 or 659A.825
alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination
under federal housing law and the commissioner finds that a respondent has
engaged in an unlawful practice under ORS 659A.145 or 659A.421 or discrimination
under federal housing law, the commissioner may assess against the respondent,
in addition to any other relief available, a civil penalty:
     (A) In an amount not exceeding $11,000;
     (B) Except as provided in paragraph (b) of
this subsection, in an amount not exceeding $27,500 if the respondent has been
adjudged to have engaged in one other discriminatory housing practice during
the five-year period ending on the date of the filing of the formal charges
leading to the hearing; or
     (C) Except as provided in paragraph (b) of
this subsection, in an amount not exceeding $55,000 if the respondent has been
adjudged to have engaged in two or more discriminatory housing practices during
the seven-year period ending on the date of the filing of the formal charges
leading to the hearing.
     (b) If acts constituting the
discriminatory housing practice that is the object of the hearing were
committed by the same individual who has been previously adjudged to have
committed acts constituting a discriminatory housing practice, the civil
penalties listed in paragraph (a)(B) and (C) of this subsection may be imposed
regardless of the period of time between the previous discriminatory housing
practice and the discriminatory housing practice that is the object of this hearing.
     (3) Civil penalties under this section
shall be imposed in the manner provided by ORS 183.745.
     (4) All sums collected as civil penalties
under this section must first be applied toward reimbursement of the costs
incurred in determining the violations, conducting hearings and assessing and
collecting the penalty. The remainder, if any, shall be paid over by the
commissioner to the Department of State Lands for the benefit of the Common
School Fund. The department shall issue a receipt for the money to the
commissioner. [2001 c.621 §9; 2007 c.903 §11]
     Note: See second note under 659A.003.
     659A.860
Settlement agreements and orders. (1) The terms and conditions of any order issued by the Commissioner
of the Bureau of Labor and Industries under this chapter, and of any settlement
agreement entered into by a respondent under this chapter and signed by a
representative of the commissioner, are binding on the agents and successors in
interest of the respondent.
     (2) The commissioner may relax any terms
or conditions of a settlement agreement or of a cease and desist order issued
by the commissioner under this chapter, if the performance of those terms and
conditions would cause undue hardship on the respondent or another person and
those terms and conditions are not essential to protecting the complainantÂ’s
rights.
     (3) Any person aggrieved by the violation
of the terms and conditions of a cease and desist order, or of any settlement
agreement signed by a representative of the commissioner, whether by a respondent
or by any agent or successor in interest of the respondent, may bring a civil
action in the manner provided by ORS 659A.885 (3) and recover the same relief
as provided by ORS 659A.885 (3) for unlawful practices. [2001 c.621 §10]
     659A.865
Retaliatory action prohibited.
A respondent named in a complaint filed under ORS 659A.820 may not, with the
intention of defeating a purpose of this chapter, take any action that deprives
the person filing the complaint of any services, real property, employment or employment
opportunities sought in the complaint during the period of time commencing with
the date on which the respondent receives notice from the Commissioner of the
Bureau of Labor and Industries that the complaint has been filed and ending on
the date on which an administrative determination is made on the merits of the
complaint or the matter is resolved by settlement. [2001 c.621 §11]
CIVIL ACTIONS
FOR UNLAWFUL DISCRIMINATION
     659A.870
Election of remedies. (1)
Except as provided in this section, the filing of a civil action by a person in
circuit court pursuant to ORS 659A.885, or in federal district court under
applicable federal law, waives the right of the person to file a complaint with
the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 with
respect to the matters alleged in the civil action.
     (2) The filing of a complaint under ORS
659A.820 is not a condition precedent to the filing of any civil action.
     (3) If a person files a civil action
alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination
under federal housing law, the filing does not constitute an election of
remedies or a waiver of the right of the person to file a complaint with the
commissioner under ORS 659A.820, but the commissioner shall dismiss the
complaint upon the commencement of a trial in the civil action.
     (4)(a) The filing of a complaint under ORS
659A.820 by a person alleging an unlawful practice under ORS 659A.145 or
659A.421 or discrimination under federal housing law does not constitute an
election of remedies or a waiver of the right of the person to file a civil
action with respect to the same matters, but a civil action may not be filed
after a hearing officer has commenced a hearing on the record under this
chapter with respect to the allegations of the complaint.
     (b) A respondent or complainant named in a
complaint filed under ORS 659A.820 or 659A.825 alleging an unlawful practice
under ORS 659A.145 or 659A.421 or discrimination under federal housing law may
elect to have the matter heard in circuit court. The election must be made in
writing and received by the commissioner within 20 days after service of formal
charges under ORS 659A.845. If the respondent or the complainant makes the
election, the commissioner shall pursue the matter in court on behalf of the
complainant at no cost to the complainant.
     (c) If the Attorney General or the
commissioner files a complaint under ORS 659A.825, the Attorney General or the
commissioner may elect to have the matter heard in circuit court.
     (d) If the respondent, the complainant,
the Attorney General or the commissioner do not elect to have the matter heard
in circuit court, the commissioner may conduct a hearing on the formal charges
under ORS 659A.850.
     (5) A person who has filed a complaint
under ORS 659A.820 need not receive a 90-day notice under ORS 659A.880 before
commencing a civil action that is based on the same matters alleged in the
complaint filed with the commissioner.
     (6) Except as provided in subsections (3)
and (4) of this section, this section does not limit or alter in any way the
authority or power of the commissioner, or limit or alter in any way any of the
rights of an individual complainant, until and unless the complainant commences
a civil action. [2001 c.621 §12; 2007 c.903 §12]
     Note: See second note under 659A.003.
     659A.875
Time limitations. (1) Except
as provided in subsection (2) of this section, a civil action under ORS
659A.885 alleging an unlawful employment practice must be commenced within one
year after the occurrence of the unlawful employment practice unless a
complaint has been timely filed under ORS 659A.820.
     (2) A person who has filed a complaint
under ORS 659A.820 must commence a civil action under ORS 659A.885 within 90
days after a 90-day notice is mailed to the complainant under ORS 659A.880.
     (3) A civil action alleging a violation of
ORS 659A.145 or 659A.421 must be commenced not later than two years after the
occurrence or the termination of the unlawful practice, or within two years after
the breach of any settlement agreement entered into under ORS 659A.840,
whichever occurs last. The two-year period shall not include any time during
which an administrative proceeding was pending with respect to the unlawful
practice.
     (4) A civil action under ORS 659A.885
alleging an unlawful practice in violation of ORS 659A.403 or 659A.406 must be
commenced within one year of the occurrence of the unlawful practice.
     (5) The notice of claim required under ORS
30.275 must be given in any civil action under ORS 659A.885 against a public
body, as defined in ORS 30.260, or any officer, employee or agent of a public
body as defined in ORS 30.260.
     (6) Notwithstanding ORS 30.275 (9), a
civil action under ORS 659A.885 against a public body, as defined in ORS
30.260, or any officer, employee or agent of a public body as defined in ORS
30.260, based on an unlawful employment practice must be commenced within one
year after the occurrence of the unlawful employment practice unless a
complaint has been timely filed under ORS 659A.820. [2001 c.621 §13; 2005 c.452
§1]
     659A.880
Ninety-day notice. (1) If a
complaint filed under ORS 659A.820 alleges unlawful practices other than those
unlawful practices described in ORS 659A.403 and 659A.406, the Commissioner of
the Bureau of Labor and Industries shall issue a 90-day notice to the
complainant if the commissioner dismisses the complaint within one year after
the filing of the complaint, and the dismissal is for any reason other than the
fact that a civil action has been filed by the complainant.
     (2) If the complaint filed under ORS
659A.820 alleges unlawful practices other than those unlawful practices
described in ORS 659A.145, 659A.403, 659A.406 and 659A.421, the commissioner
shall issue a 90-day notice to the complainant on or before the one-year
anniversary of the filing of the complaint unless a 90-day notice has
previously been issued under subsection (1) of this section or the matter has
been resolved by the execution of a settlement agreement.
     (3) A 90-day notice under this section
must be in writing and must notify the complainant that a civil action against
the respondent under ORS 659A.885 may be filed within 90 days after the date of
mailing of the 90-day notice, and that any right to bring a civil action against
the respondent under ORS 659A.885 will be lost if the action is not commenced
within 90 days after the date of the mailing of the 90-day notice. [2001 c.621 §14]
     659A.885
Civil action. (1) Any
individual claiming to be aggrieved by an unlawful practice specified in
subsection (2) of this section may file a civil action in circuit court. In any
action under this subsection, the court may order injunctive relief and any
other equitable relief that may be appropriate, including but not limited to
reinstatement or the hiring of employees with or without back pay. A court may
order back pay in an action under this subsection only for the two-year period
immediately preceding the filing of a complaint under ORS 659A.820 with the
Commissioner of the Bureau of Labor and Industries, or if a complaint was not
filed before the action was commenced, the two-year period immediately
preceding the filing of the action. In any action under this subsection, the
court may allow the prevailing party costs and reasonable attorney fees at
trial and on appeal. Except as provided in subsection (3) of this section:
     (a) The judge shall determine the facts in
an action under this subsection; and
     (b) Upon any appeal of a judgment in an
action under this subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (3).
     (2) An action may be brought under
subsection (1) of this section alleging a violation of ORS 25.337, 25.424,
171.120, 399.235, 408.230, 476.574, 652.355, 653.060, 659A.030, 659A.040,
659A.043, 659A.046, 659A.063, 659A.069, 659A.100 to 659A.145, 659A.150 to
659A.186, 659A.194, 659A.203, 659A.218, 659A.230, 659A.233, 659A.236, 659A.250
to 659A.262, 659A.277, 659A.300, 659A.306, 659A.309, 659A.315, 659A.318 or
659A.421.
     (3) In any action under subsection (1) of
this section alleging a violation of ORS 25.337, 25.424, 659A.030, 659A.040,
659A.043, 659A.046, 659A.069, 659A.100 to 659A.145, 659A.230, 659A.250 to
659A.262, 659A.318 or 659A.421:
     (a) The court may award, in addition to
the relief authorized under subsection (1) of this section, compensatory
damages or $200, whichever is greater, and punitive damages;
     (b) At the request of any party, the
action shall be tried to a jury;
     (c) Upon appeal of any judgment finding a
violation, the appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1); and
     (d) Any attorney fee agreement shall be
subject to approval by the court.
     (4) In any action under subsection (1) of
this section alleging a violation of ORS 652.355 or 653.060, the court may
award, in addition to the relief authorized under subsection (1) of this
section, compensatory damages or $200, whichever is greater.
     (5) In any action under subsection (1) of
this section alleging a violation of ORS 171.120, 476.574, 659A.203 or
659A.218, the court may award, in addition to the relief authorized under
subsection (1) of this section, compensatory damages or $250, whichever is
greater.
     (6) Any individual against whom any
distinction, discrimination or restriction on account of race, color, religion,
sex, national origin, marital status or age, if the individual is 18 years of
age or older, has been made by any place of public accommodation, as defined in
ORS 659A.400, by any person acting on behalf of the place or by any person
aiding or abetting the place or person in violation of ORS 659A.406 may bring
an action against the operator or manager of the place, the employee or person
acting on behalf of the place or the aider or abettor of the place or person.
Notwithstanding subsection (1) of this section, in an action under this
subsection:
     (a) The court may award, in addition to
the relief authorized under subsection (1) of this section, compensatory and
punitive damages;
     (b) The operator or manager of the place
of public accommodation, the employee or person acting on behalf of the place,
and any aider or abettor shall be jointly and severally liable for all damages
awarded in the action;
     (c) At the request of any party, the action
shall be tried to a jury;
     (d) The court shall award reasonable
attorney fees to a prevailing plaintiff;
     (e) The court may award reasonable
attorney fees and expert witness fees incurred by a defendant who prevails only
if the court determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no reasonable basis for appealing an adverse decision
of a trial court; and
     (f) Upon any appeal of a judgment under
this subsection, the appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1).
     (7) When the commissioner or the Attorney
General has reasonable cause to believe that a person or group of persons is
engaged in a pattern or practice of resistance to the rights protected by ORS
659A.145 or 659A.421 or federal housing law, or that a group of individuals has
been denied any of the rights protected by ORS 659A.145 or 659A.421 or federal
housing law, the commissioner or the Attorney General may file a civil action
on behalf of the aggrieved individuals in the same manner as an individual or
group of individuals may file a civil action under this section. In a civil
action filed under this subsection, the court may assess against the
respondent, in addition to the relief authorized under subsections (1) and (3)
of this section, a civil penalty:
     (a) In an amount not exceeding $50,000 for
a first violation; and
     (b) In an amount not exceeding $100,000
for any subsequent violation.
     (8) In any action under subsection (1) of
this section alleging a violation of ORS 659A.145 or 659A.421 or alleging
discrimination under federal housing law, when the commissioner is pursuing the
action on behalf of an aggrieved complainant, the court shall award reasonable
attorney fees to the commissioner if the commissioner prevails in the action.
The court may award reasonable attorney fees and expert witness fees incurred
by a defendant that prevails in the action if the court determines that the
commissioner had no objectively reasonable basis for asserting the claim or for
appealing an adverse decision of the trial court. [2001 c.621 §15; 2003 c.521 §5;
2003 c.522 §1; 2003 c.572 §21; 2003 c.603 §7; 2003 c.637 §18; 2005 c.199 §1;
2007 c.180 §8; 2007 c.278 §3; 2007 c.280 §1; 2007 c.525 §4; 2007 c.903 §13]
     Note: The amendments to 659A.885 by section 12,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 659A.885 by section 12, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 659A.885, as amended by section
12, chapter 100, Oregon Laws 2007, and including amendments by section 8,
chapter 180, Oregon Laws 2007, section 3, chapter 278, Oregon Laws 2007,
section 1, chapter 280, Oregon Laws 2007, section 4, chapter 525, Oregon Laws
2007, and section 13, chapter 903, Oregon Laws 2007, is set forth for the userÂ’s
convenience.
     659A.885. (1) Any individual claiming to be aggrieved
by an unlawful practice specified in subsection (2) of this section may file a
civil action in circuit court. In any action under this subsection, the court
may order injunctive relief and any other equitable relief that may be
appropriate, including but not limited to reinstatement or the hiring of
employees with or without back pay. A court may order back pay in an action
under this subsection only for the two-year period immediately preceding the
filing of a complaint under ORS 659A.820 with the Commissioner of the Bureau of
Labor and Industries, or if a complaint was not filed before the action was
commenced, the two-year period immediately preceding the filing of the action.
In any action under this subsection, the court may allow the prevailing party
costs and reasonable attorney fees at trial and on appeal. Except as provided
in subsection (3) of this section:
     (a) The judge shall determine the facts in
an action under this subsection; and
     (b) Upon any appeal of a judgment in an
action under this subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (3).
     (2) An action may be brought under
subsection (1) of this section alleging a violation of ORS 25.337, 25.424,
171.120, 399.235, 408.230, 476.574, 652.355, 653.060, 659A.030, 659A.040,
659A.043, 659A.046, 659A.063, 659A.069, 659A.100 to 659A.145, 659A.150 to
659A.186, 659A.194, 659A.203, 659A.218, 659A.230, 659A.233, 659A.236, 659A.250
to 659A.262, 659A.277, 659A.300, 659A.306, 659A.309, 659A.315, 659A.318 or
659A.421.
     (3) In any action under subsection (1) of
this section alleging a violation of ORS 25.337, 25.424, 659A.030, 659A.040,
659A.043, 659A.046, 659A.069, 659A.100 to 659A.145, 659A.230, 659A.250 to
659A.262, 659A.318 or 659A.421:
     (a) The court may award, in addition to
the relief authorized under subsection (1) of this section, compensatory
damages or $200, whichever is greater, and punitive damages;
     (b) At the request of any party, the
action shall be tried to a jury;
     (c) Upon appeal of any judgment finding a
violation, the appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1); and
     (d) Any attorney fee agreement shall be
subject to approval by the court.
     (4) In any action under subsection (1) of
this section alleging a violation of ORS 652.355 or 653.060, the court may
award, in addition to the relief authorized under subsection (1) of this
section, compensatory damages or $200, whichever is greater.
     (5) In any action under subsection (1) of
this section alleging a violation of ORS 171.120, 476.574, 659A.203 or
659A.218, the court may award, in addition to the relief authorized under
subsection (1) of this section, compensatory damages or $250, whichever is
greater.
     (6) Any individual against whom any
distinction, discrimination or restriction on account of race, color, religion,
sex, sexual orientation, national origin, marital status or age, if the
individual is 18 years of age or older, has been made by any place of public
accommodation, as defined in ORS 659A.400, by any employee or person acting on
behalf of the place or by any person aiding or abetting the place or person in
violation of ORS 659A.406 may bring an action against the operator or manager
of the place, the employee or person acting on behalf of the place or the aider
or abettor of the place or person. Notwithstanding subsection (1) of this
section, in an action under this subsection:
     (a) The court may award, in addition to
the relief authorized under subsection (1) of this section, compensatory and
punitive damages;
     (b) The operator or manager of the place
of public accommodation, the employee or person acting on behalf of the place,
and any aider or abettor shall be jointly and severally liable for all damages
awarded in the action;
     (c) At the request of any party, the
action shall be tried to a jury;
     (d) The court shall award reasonable
attorney fees to a prevailing plaintiff;
     (e) The court may award reasonable
attorney fees and expert witness fees incurred by a defendant who prevails only
if the court determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no reasonable basis for appealing an adverse decision
of a trial court; and
     (f) Upon any appeal of a judgment under
this subsection, the appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1).
     (7) When the commissioner or the Attorney
General has reasonable cause to believe that a person or group of persons is
engaged in a pattern or practice of resistance to the rights protected by ORS
659A.145 or 659A.421 or federal housing law, or that a group of individuals has
been denied any of the rights protected by ORS 659A.145 or 659A.421 or federal
housing law, the commissioner or the Attorney General may file a civil action
on behalf of the aggrieved individuals in the same manner as an individual or
group of individuals may file a civil action under this section. In a civil
action filed under this subsection, the court may assess against the
respondent, in addition to the relief authorized under subsections (1) and (3)
of this section, a civil penalty:
     (a) In an amount not exceeding $50,000 for
a first violation; and
     (b) In an amount not exceeding $100,000
for any subsequent violation.
     (8) In any action under subsection (1) of
this section alleging a violation of ORS 659A.145 or 659A.421 or alleging
discrimination under federal housing law, when the commissioner is pursuing the
action on behalf of an aggrieved complainant, the court shall award reasonable
attorney fees to the commissioner if the commissioner prevails in the action.
The court may award reasonable attorney fees and expert witness fees incurred
by a defendant that prevails in the action if the court determines that the
commissioner had no objectively reasonable basis for asserting the claim or for
appealing an adverse decision of the trial court.
     Note: Section 4, chapter 278, Oregon Laws 2007,
provides:
     Sec.
4. The amendments to ORS
652.355, 653.060 and 659A.885 by sections 1 to 3 of this 2007 Act apply only to
discriminatory acts occurring on or after the effective date of this 2007 Act
[January 1, 2008]. [2007 c.278 §4]
     Note: Section 2, chapter 280, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
659A.885 by section 1 of this 2007 Act apply to actions commenced on or after
the effective date of this 2007 Act [January 1, 2008]. [2007 c.280 §2]
     Note: Section 5, chapter 525, Oregon Laws 2007,
provides:
     Sec.
5. The amendments to ORS
408.225, 408.230, 408.235 and 659A.885 [by sections 1 to 4 of this 2007 Act]
apply to hiring decisions for civil service positions made by public employers
on or after the effective date of this 2007 Act [June 20, 2007]. [2007 c.525 §5]
     Note: See second note under 659A.003.
     659A.890
Civil action for violation of ORS 659A.865. (1) Any person aggrieved by a violation of ORS 659A.865 may bring a
civil action in the manner provided by ORS 659A.885 (3) and recover the same
relief as provided by ORS 659A.885 (3) for unlawful practices.
     (2) As a defense to any cause of action
arising under this section, the defendant may plead and prove that either:
     (a) Subsequent to the defendant’s conduct
on which the plaintiff bases the cause of action, the complaint under ORS
659A.820 has been dismissed by the Commissioner of the Bureau of Labor and
Industries or deputy, or the court, either for want of evidence to proceed to a
hearing or for lack of merit after such hearing; or
     (b) In the case of the sale of real
property, defendantÂ’s conduct giving rise to plaintiffÂ’s cause of action was
neither committed within the first two years after notice by the commissioner
or deputy of the filing of the complaint under ORS 659A.820, nor within any
extended period of time obtained at the request of respondent for disposition
of the case. [Formerly 659.105]
PENALTIES
     659A.990
Penalties. Violation of ORS
659A.810 is punishable, upon conviction, by imprisonment in the county jail for
not more than one year or by a fine of not more than $500, or by both. [2001
c.621 §66]
_______________
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