2021 Oregon Revised Statutes
Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement
Section 659A.890 - Civil action for violation of ORS 659A.865.


(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, defendant’s conduct giving rise to plaintiff’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]

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Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 16 - Trade Practices, Labor and Employment

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

Section 659A.001 - Definitions.

Section 659A.003 - Purpose of ORS chapter 659A.

Section 659A.006 - Declaration of policy against unlawful discrimination; opportunity to obtain employment without unlawful discrimination recognized as a civil right; exception of religious group.

Section 659A.012 - State agencies to carry out policy against discrimination in employment; evaluation of supervisors; affirmative action reports.

Section 659A.030 - Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited.

Section 659A.033 - Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices; determination of reasonable accommodation.

Section 659A.036 - Short title.

Section 659A.040 - Discrimination against worker applying for workers’ compensation benefits prohibited.

Section 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.

Section 659A.046 - Reemployment of injured worker in other available and suitable work; termination of right to reemployment; effect of collective bargaining agreement.

Section 659A.052 - Reemployment rights of injured state workers; rules.

Section 659A.060 - Definitions for ORS 659A.060 to 659A.069.

Section 659A.063 - State to continue group health benefits for injured worker and covered dependents; when ended.

Section 659A.082 - Discrimination against person for service in uniformed service prohibited.

Section 659A.086 - Employment rights of members of organized militia when called into active state service.

Section 659A.088 - Violation of ORS 659A.086 as unlawful employment practice; complaint; remedies and penalties.

Section 659A.089 - Notification to Director of Veterans’ Affairs.

Section 659A.090 - Definitions for ORS 659A.090 to 659A.099.

Section 659A.093 - Employer required to provide leave; job protection; benefits; notice to employer; use of accrued leave; rules.

Section 659A.096 - Denial of leave, retaliation and discrimination prohibited.

Section 659A.103 - Policy.

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.142 - Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited; discrimination in provision of healthcare; mental disorder treatment not evid...

Section 659A.143 - Assistance animals.

Section 659A.144 - Required accommodations in transient lodging; liability; limitations on applicability.

Section 659A.145 - Discrimination against individual with disability in real property transactions prohibited; advertising discriminatory preference prohibited; allowance for reasonable modification; assisting discriminatory practices prohibited.

Section 659A.146 - Reasonable accommodation.

Section 659A.147 - Prohibited conduct; posting requirements; Commissioner of Bureau of Labor and Industries to develop training and education materials; undue hardship exception; remedies.

Section 659A.150 - Definitions for ORS 659A.150 to 659A.186.

Section 659A.153 - Covered employers.

Section 659A.156 - Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked.

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.192 - Leave to attend criminal proceeding; undue hardship on employer; scheduling criminal proceeding.

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.203 - Prohibited conduct by public or nonprofit employer; prohibited conduct by school services employer during public health emergency; remedies.

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.212 - Policy on cooperation with law enforcement officials; duty to report person subject to warrant for arrest.

Section 659A.218 - Disclosure of employee’s name without consent prohibited.

Section 659A.219 - Uniform standards and procedures manual for implementation of Whistleblower Law; requirements.

Section 659A.220 - Bureau of Labor and Industries to collect and compile information relating to disclosures; report to legislature.

Section 659A.221 - Uniform application to all public employers; optional procedure for disclosures; rules.

Section 659A.228 - Discrimination for reporting violation of election laws prohibited.

Section 659A.230 - Discrimination for initiating or aiding in criminal or civil proceedings prohibited; remedies not exclusive.

Section 659A.250 - Definitions for ORS 659A.250 to 659A.262.

Section 659A.253 - Restriction of access to employee housing owned or controlled by employer prohibited; telephone accessibility.

Section 659A.256 - Regulations by employers concerning use and occupancy of employee housing; requirements; notice.

Section 659A.259 - Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited; enforcement.

Section 659A.262 - Warrant on behalf of person entitled to access to housing; vacation of warrant; rules.

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.300 - Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited; exceptions.

Section 659A.303 - Employer prohibited from obtaining, seeking to obtain or using genetic information.

Section 659A.306 - Requiring employee to pay for medical examination as condition of continued employment prohibited; exceptions.

Section 659A.309 - Discrimination solely because of employment of another family member prohibited; exceptions.

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.318 - Discrimination relating to academic degree in theology or religious occupations prohibited.

Section 659A.320 - Discrimination based on information in credit history prohibited; exceptions.

Section 659A.330 - Employee social media account privacy; exception.

Section 659A.340 - Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited; remedy.

Section 659A.343 - Discrimination based on individual’s presentation of identification other than Real ID prohibited; remedies.

Section 659A.347 - Discrimination related to possession of valid driver license.

Section 659A.350 - Interns.

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.370 - Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct; exceptions; remedies.

Section 659A.375 - Employer policies relating to prevention of discrimination and sexual assault; requirements.

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.800 - Elimination and prevention of discrimination by Bureau of Labor and Industries; subpoenas.

Section 659A.805 - Rules for carrying out ORS chapter 659A.

Section 659A.810 - Willful interference with administration of law and violation of orders of commissioner prohibited.

Section 659A.815 - Advisory agencies and intergroup-relations councils.

Section 659A.820 - Complaints.

Section 659A.825 - Complaints filed by Attorney General or commissioner; temporary cease and desist orders in certain cases.

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.