(a) Has been injured by an unlawful practice under ORS 659A.145 or 659A.421 or a discriminatory housing practice; or
(b) Will be injured by an unlawful practice under ORS 659A.145 or 659A.421 or a discriminatory housing practice that is about to occur.
(2) Any person claiming to be aggrieved by an 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 must be signed by 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 subsection (3) of this section, a complaint under this section must be filed no later than one year after the alleged unlawful practice.
(3) A complaint alleging an unlawful employment practice as described in ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be filed no later than five years after the occurrence of the alleged unlawful employment practice.
(4)(a) Except as provided in paragraph (b) of this subsection, 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.
(b) The prohibition described in paragraph (a) of this subsection does not apply to a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or alleging discrimination under federal housing law.
(5) 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.
(6) Except as provided in subsection (7) 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.
(7) 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; 2008 c.36 §7; 2009 c.108 §1; 2017 c.197 §5; 2019 c.343 §5; 2019 c.463 §5; 2021 c.293 §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.