(a) Prohibit any employee from discussing, either specifically or generally with any member of the Legislative Assembly, legislative committee staff acting under the direction of a member of the Legislative Assembly, any member of the elected governing body of a political subdivision in the state or any elected auditor of a city, county or metropolitan service district, 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, state or local law, rule or regulation by the public or nonprofit employer;
(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 public or nonprofit employer; 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) A public or nonprofit employer may not invoke or impose any disciplinary action against an employee for employee activity described in subsection (1) of this section or ORS 659A.212.
(3) It is an unlawful employment practice for any school services employer to invoke or impose any disciplinary action against a school services employee for reporting or filing a complaint alleging a violation of any law, regulation or standard pertaining to the COVID-19 pandemic.
(4) The remedies provided by this section are in addition to any remedy provided to an employee under ORS 659A.199 or other remedy that may be available to an employee for the conduct alleged as a violation of this section.
(5) A violation of this section is a Class A misdemeanor. [Formerly 659.510; 2010 c.24 §1; 2016 c.73 §4; 2020 s.s.3 c.4 §5]
Note: Section 6 (2), chapter 4, Oregon Laws 2020 (third special session), provides:
Sec. 6. (2) The amendments to ORS 659A.203 by section 5 of this 2020 third special session Act apply to retaliatory conduct that occurs at any time regarding protected employee activity described in ORS 659A.203 (3) that occurs during the period in which any declaration of a state of emergency related to COVID-19 and issued by the Governor on March 8, 2020, and any extension of the declaration, is in effect. [2020 s.s.3 c.4 §6(2)]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Section 659A.001 - Definitions.
Section 659A.003 - Purpose of ORS chapter 659A.
Section 659A.036 - Short title.
Section 659A.052 - Reemployment rights of injured state workers; rules.
Section 659A.060 - Definitions for ORS 659A.060 to 659A.069.
Section 659A.082 - Discrimination against person for service in uniformed service prohibited.
Section 659A.089 - Notification to Director of Veterans’ Affairs.
Section 659A.090 - Definitions for ORS 659A.090 to 659A.099.
Section 659A.096 - Denial of leave, retaliation and discrimination prohibited.
Section 659A.104 - Description of disability for purposes of ORS 659A.103 to 659A.145.
Section 659A.112 - Employment discrimination.
Section 659A.118 - Reasonable accommodation.
Section 659A.121 - Undue hardship.
Section 659A.122 - Definitions for ORS 659A.124, 659A.127 and 659A.130.
Section 659A.124 - Illegal use of drugs.
Section 659A.127 - Permitted employer action.
Section 659A.130 - Conditions that do not constitute impairment.
Section 659A.133 - Medical examinations and inquiries of job applicants.
Section 659A.136 - Medical examinations and inquiries of employees.
Section 659A.139 - Construction of ORS 659A.103 to 659A.145.
Section 659A.141 - Damages recoverable for harm or theft of assistance animal.
Section 659A.143 - Assistance animals.
Section 659A.146 - Reasonable accommodation.
Section 659A.150 - Definitions for ORS 659A.150 to 659A.186.
Section 659A.153 - Covered employers.
Section 659A.159 - Purposes for which family leave may be taken.
Section 659A.162 - Length of leave; conditions; rules.
Section 659A.165 - Notice to employer.
Section 659A.168 - Medical verification and scheduling of treatment; exceptions.
Section 659A.171 - Job protection; benefits.
Section 659A.174 - Use of paid leave.
Section 659A.177 - Special rules for teachers.
Section 659A.183 - Denying family leave to eligible employee prohibited; retaliation prohibited.
Section 659A.186 - Exclusivity of provisions; construction.
Section 659A.190 - Definitions for ORS 659A.190 to 659A.198.
Section 659A.196 - Notice to employer; records confidential.
Section 659A.198 - Use of paid leave.
Section 659A.199 - Prohibited conduct by employer.
Section 659A.200 - Definitions for ORS 659A.200 to 659A.224.
Section 659A.206 - Effects of ORS 659A.200 to 659A.224 on employees.
Section 659A.209 - Effect on public record disclosures.
Section 659A.210 - Affirmative defense.
Section 659A.218 - Disclosure of employee’s name without consent prohibited.
Section 659A.228 - Discrimination for reporting violation of election laws prohibited.
Section 659A.250 - Definitions for ORS 659A.250 to 659A.262.
Section 659A.270 - Definitions for ORS 659A.270 to 659A.285.
Section 659A.272 - Employer required to provide leave.
Section 659A.275 - Undue hardship.
Section 659A.280 - Notice to employer; records confidential.
Section 659A.283 - Paid leave for public employees.
Section 659A.285 - Use of paid leave.
Section 659A.290 - Prohibited conduct by employer; records confidential.
Section 659A.312 - Leave of absence to donate bone marrow; verification by employer.
Section 659A.315 - Restricting use of tobacco in nonworking hours prohibited; exceptions.
Section 659A.320 - Discrimination based on information in credit history prohibited; exceptions.
Section 659A.330 - Employee social media account privacy; exception.
Section 659A.347 - Discrimination related to possession of valid driver license.
Section 659A.355 - Discrimination based on wage inquiry or wage complaint; exception.
Section 659A.357 - Restricting salary history inquiries.
Section 659A.360 - Restricting criminal conviction inquiries; exceptions.
Section 659A.362 - Enforcement.
Section 659A.400 - Place of public accommodation defined.
Section 659A.403 - Discrimination in place of public accommodation prohibited.
Section 659A.411 - Definitions for ORS 659A.411 to 659A.415.
Section 659A.413 - Denial of access prohibited; exception.
Section 659A.415 - Liability for damages; physical changes not required.
Section 659A.417 - Violation of ORS 659A.413.
Section 659A.421 - Discrimination in selling, renting or leasing real property prohibited.
Section 659A.425 - Violation based on facially neutral housing policy.
Section 659A.550 - Discrimination because of employment status prohibited; penalties.
Section 659A.805 - Rules for carrying out ORS chapter 659A.
Section 659A.815 - Advisory agencies and intergroup-relations councils.
Section 659A.820 - Complaints.
Section 659A.830 - Authority of commissioner.
Section 659A.835 - Investigation; finding of substantial evidence.
Section 659A.840 - Settlement.
Section 659A.845 - Formal charges.
Section 659A.850 - Hearing; orders; fees.
Section 659A.855 - Civil penalty for certain complaints filed by commissioner.
Section 659A.860 - Settlement agreements and orders.
Section 659A.870 - Election of remedies.
Section 659A.875 - Time limitations.
Section 659A.880 - Ninety-day notice.
Section 659A.885 - Civil action.
Section 659A.890 - Civil action for violation of ORS 659A.865.