Oregon Statutes - Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement

• 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...
• 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...
• 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,...
• 659A.009   Declaration of policy against discrimination in employment because of age.
  It is declared to be the public policy of Oregon that the available workforce should be utilized to the fullest extent possible. To this end,...
• 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...
• 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...
• 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 individual’s race, religion, color, sex, national origin, marital status or age...
• 659A.040   Discrimination against worker applying for workers’ 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...
• 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 worker’s employer to the worker’s former position of employment upon demand...
• 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 worker’s former regular employment shall, upon demand,...
• 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 worker’s regular or...
• 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...
• 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...
• 659A.066   Worker may continue benefits after employer’s obligation ends.
  If the State of Oregon’s obligation to continue paying premiums for health benefits under ORS 659A.063 expires or terminates, the worker may continue coverage by...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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:...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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)...
• 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...
• 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   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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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)...
• 659A.206   Effect on public employer’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...
• 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)...
• 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...
• 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...
• 659A.218   Disclosure of employee’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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 659A.275   Undue hardship.
  (1) As used in this section, “undue hardship” means a significant difficulty and expense to a covered employer’s business and includes consideration of the size...
• 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...
• 659A.280   Notice to employer; records confidential.
  (1) An eligible employee shall give the covered employer reasonable advance notice of the employee’s intention to take leave for the purposes identified in ORS...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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]
• 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)...
• 659A.424   [2003 c.378 §2; repealed by 2007 c.903 §15]
• 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,...
• 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)...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

Last modified: August 7, 2008