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. - (1) "Bureau" means the Bureau of Labor and Industries. (2)...

Section 659A.003 - Purpose of ORS chapter 659A. - (1) A program of public education calculated to eliminate attitudes...

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. - (2) The opportunity to obtain employment or housing or to...

Section 659A.012 - State agencies to carry out policy against discrimination in employment; evaluation of supervisors; affirmative action reports. - (2) To achieve the public policy of the State of...

Section 659A.030 - Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited. - (a) For an employer, because of an individual’s race, color,...

Section 659A.033 - Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices; determination of reasonable accommodation. - (a) The employer does not allow an employee to use...

Section 659A.036 - Short title. - Note: 659A.036 was enacted into law by the Legislative Assembly...

Section 659A.040 - Discrimination against worker applying for workers’ compensation benefits prohibited. - (2) This section applies only to employers who employ six...

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. - (2) Such right of reemployment shall be subject to the...

Section 659A.046 - Reemployment of injured worker in other available and suitable work; termination of right to reemployment; effect of collective bargaining agreement. - (2) A certificate of the worker’s attending physician or a...

Section 659A.052 - Reemployment rights of injured state workers; rules. - (a) The injured worker was employed at the time of...

Section 659A.060 - Definitions for ORS 659A.060 to 659A.069. - (1) "Group health benefits" means that form of health benefits...

Section 659A.063 - State to continue group health benefits for injured worker and covered dependents; when ended. - (a) The worker’s attending physician or a nurse practitioner authorized...

Section 659A.082 - Discrimination against person for service in uniformed service prohibited. - (a) "Service" means the performance of duty on a voluntary...

Section 659A.086 - Employment rights of members of organized militia when called into active state service. - (a) The employee is a member of the organized militia...

Section 659A.088 - Violation of ORS 659A.086 as unlawful employment practice; complaint; remedies and penalties. - (2) Complaints alleging a violation of ORS 659A.086 (1) to...

Section 659A.089 - Notification to Director of Veterans’ Affairs. - (2) Subject to subsection (3) of this section, the Commissioner...

Section 659A.090 - Definitions for ORS 659A.090 to 659A.099. - (1) Notwithstanding ORS 659A.001, "employee" means an individual who performs...

Section 659A.093 - Employer required to provide leave; job protection; benefits; notice to employer; use of accrued leave; rules. - (2) An employee who takes leave authorized under this section...

Section 659A.096 - Denial of leave, retaliation and discrimination prohibited. - (1) Deny military family leave to an employee who is...

Section 659A.103 - Policy. - (2) The guarantees expressed in subsection (1) of this section...

Section 659A.104 - Description of disability for purposes of ORS 659A.103 to 659A.145. - (a) The individual has a physical or mental impairment that...

Section 659A.112 - Employment discrimination. - (2) An employer violates subsection (1) of this section if...

Section 659A.118 - Reasonable accommodation. - (a) Making existing facilities used by employees readily accessible to...

Section 659A.121 - Undue hardship. - (2) For the purpose of determining whether an accommodation requires...

Section 659A.122 - Definitions for ORS 659A.124, 659A.127 and 659A.130. - (1) "Drug" means a controlled substance, as classified in schedules...

Section 659A.124 - Illegal use of drugs. - (2) The protections of ORS 659A.112 apply to the following...

Section 659A.127 - Permitted employer action. - (1) An employer may prohibit the transfer, offering, sale, purchase...

Section 659A.130 - Conditions that do not constitute impairment. - (1) Pedophilia, exhibitionism, voyeurism or other sexual behavior disorders. (2)...

Section 659A.133 - Medical examinations and inquiries of job applicants. - (2) An employer may make inquiries into the ability of...

Section 659A.136 - Medical examinations and inquiries of employees. - (2) An employer may conduct voluntary medical examinations, including voluntary...

Section 659A.139 - Construction of ORS 659A.103 to 659A.145. - (2) The determination of whether an individual has a disability...

Section 659A.141 - Damages recoverable for harm or theft of assistance animal. - (2) If the theft of or unprovoked attack on an...

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... - (a) "Health care facility" has the meaning given that term...

Section 659A.143 - Assistance animals. - (a) "Assistance animal" means a dog or other animal designated...

Section 659A.144 - Required accommodations in transient lodging; liability; limitations on applicability. - (a) "Lift system" means a system that: (A) Is used...

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. - (a) "Dwelling" has the meaning given that term in ORS...

Section 659A.146 - Reasonable accommodation. - (1) Acquisition or modification of equipment or devices; (2) More...

Section 659A.147 - Prohibited conduct; posting requirements; Commissioner of Bureau of Labor and Industries to develop training and education materials; undue hardship exception; remedies. - (a) Deny employment opportunities to an applicant or employee if...

Section 659A.150 - Definitions for ORS 659A.150 to 659A.186. - (1) "Covered employer" means an employer described in ORS 659A.153....

Section 659A.153 - Covered employers. - (2) The requirements of ORS 659A.150 to 659A.186 do not...

Section 659A.156 - Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked. - (a) An employee who was employed by the covered employer...

Section 659A.159 - Purposes for which family leave may be taken. - (a) To care for an infant or newly adopted child...

Section 659A.162 - Length of leave; conditions; rules. - (2)(a) Except as provided by paragraph (b) of this subsection,...

Section 659A.165 - Notice to employer. - (2) An eligible employee may commence taking family leave without...

Section 659A.168 - Medical verification and scheduling of treatment; exceptions. - (2) A covered employer may require medical verification for leave...

Section 659A.171 - Job protection; benefits. - (2) Except for employee benefits used during the period of...

Section 659A.174 - Use of paid leave. - (2) An employee taking family leave is entitled to use...

Section 659A.177 - Special rules for teachers. - (a) The employee may elect to take leave for a...

Section 659A.183 - Denying family leave to eligible employee prohibited; retaliation prohibited. - (1) Deny family leave to which an eligible employee is...

Section 659A.186 - Exclusivity of provisions; construction. - (2) ORS 659A.150 to 659A.186 shall be construed to the...

Section 659A.190 - Definitions for ORS 659A.190 to 659A.198. - (1) "Covered employer" means an employer who employs six or...

Section 659A.192 - Leave to attend criminal proceeding; undue hardship on employer; scheduling criminal proceeding. - (2) Except as provided in subsection (3) of this section,...

Section 659A.196 - Notice to employer; records confidential. - (a) Reasonable notice of the employee’s intention to take leave...

Section 659A.198 - Use of paid leave. - (2) An eligible employee who takes leave to attend a...

Section 659A.199 - Prohibited conduct by employer. - (2) The remedies provided by this chapter are in addition...

Section 659A.200 - Definitions for ORS 659A.200 to 659A.224. - (1) "Disciplinary action" includes but is not limited to any...

Section 659A.203 - Prohibited conduct by public or nonprofit employer; prohibited conduct by school services employer during public health emergency; remedies. - (a) Prohibit any employee from discussing, either specifically or generally...

Section 659A.206 - Effects of ORS 659A.200 to 659A.224 on employees. - (1) Prohibit a supervisor or appointing authority from requiring that...

Section 659A.209 - Effect on public record disclosures. - (1) Allow disclosure of records exempt from disclosure except as...

Section 659A.210 - Affirmative defense. - (a) A state or federal regulatory agency; (b) A law...

Section 659A.212 - Policy on cooperation with law enforcement officials; duty to report person subject to warrant for arrest. - (2) Notwithstanding any other law, when an employee reasonably believes...

Section 659A.218 - Disclosure of employee’s name without consent prohibited. - (a) Matters described in ORS 659A.203 (1)(b). (b) Reports required...

Section 659A.219 - Uniform standards and procedures manual for implementation of Whistleblower Law; requirements. - (2) The bureau shall make the manual available to the...

Section 659A.220 - Bureau of Labor and Industries to collect and compile information relating to disclosures; report to legislature. - (a) The total number of disclosures made by an employee...

Section 659A.221 - Uniform application to all public employers; optional procedure for disclosures; rules. - (2) A public employer may establish by rule an optional...

Section 659A.228 - Discrimination for reporting violation of election laws prohibited. - (2) This section applies only to a person who pays...

Section 659A.230 - Discrimination for initiating or aiding in criminal or civil proceedings prohibited; remedies not exclusive. - (2) For the purposes of this section, "complainant’s information" and...

Section 659A.250 - Definitions for ORS 659A.250 to 659A.262. - (a) The right to enter the individual residences of employees...

Section 659A.253 - Restriction of access to employee housing owned or controlled by employer prohibited; telephone accessibility. - (2)(a) A person need not disclose to the employer the...

Section 659A.256 - Regulations by employers concerning use and occupancy of employee housing; requirements; notice. - (1) Their purpose is to promote the safety or welfare...

Section 659A.259 - Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited; enforcement. - (a) Reported or complained concerning possible violations of ORS 659A.250...

Section 659A.262 - Warrant on behalf of person entitled to access to housing; vacation of warrant; rules. - (2) The application pursuant to this section shall be sworn...

Section 659A.270 - Definitions for ORS 659A.270 to 659A.285. - (1) "Covered employer" means an employer who employs six or...

Section 659A.272 - Employer required to provide leave. - (1) To seek legal or law enforcement assistance or remedies...

Section 659A.275 - Undue hardship. - (2) A covered employer may limit the amount of leave...

Section 659A.280 - Notice to employer; records confidential. - (2) The covered employer may require the eligible employee to...

Section 659A.283 - Paid leave for public employees. - (2)(a) Notwithstanding ORS 659A.285, an eligible employee of the public...

Section 659A.285 - Use of paid leave. - (2) An eligible employee who takes leave pursuant to ORS...

Section 659A.290 - Prohibited conduct by employer; records confidential. - (a) "Reasonable safety accommodation" may include, but is not limited...

Section 659A.300 - Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited; exceptions. - (2) As used in this section: (a) "Breathalyzer test" means...

Section 659A.303 - Employer prohibited from obtaining, seeking to obtain or using genetic information. - (2) For purposes of this section, "blood relative," "genetic information"...

Section 659A.306 - Requiring employee to pay for medical examination as condition of continued employment prohibited; exceptions. - (2) Notwithstanding subsection (1) of this section, it is not...

Section 659A.309 - Discrimination solely because of employment of another family member prohibited; exceptions. - (a) Refuse to hire or employ an individual; (b) Bar...

Section 659A.312 - Leave of absence to donate bone marrow; verification by employer. - (2) The employer may require verification by a physician or...

Section 659A.315 - Restricting use of tobacco in nonworking hours prohibited; exceptions. - (2) Subsection (1) of this section does not apply if...

Section 659A.318 - Discrimination relating to academic degree in theology or religious occupations prohibited. - (a) That, on July 14, 2005, met the criteria and...

Section 659A.320 - Discrimination based on information in credit history prohibited; exceptions. - (2) Subsection (1) of this section does not apply to:...

Section 659A.330 - Employee social media account privacy; exception. - (a) Require or request an employee or an applicant for...

Section 659A.340 - Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited; remedy. - (a) An adjudicated youth foster home as defined in ORS...

Section 659A.343 - Discrimination based on individual’s presentation of identification other than Real ID prohibited; remedies. - (2) A person may not discriminate against an individual because...

Section 659A.347 - Discrimination related to possession of valid driver license. - (a) Require, as a condition for employment or continuation of...

Section 659A.350 - Interns. - (2) Nothing in subsection (1) of this section creates an...

Section 659A.355 - Discrimination based on wage inquiry or wage complaint; exception. - (a) Inquired about, discussed or disclosed in any manner the...

Section 659A.357 - Restricting salary history inquiries. - Note: 659A.357 was enacted into law by the Legislative Assembly...

Section 659A.360 - Restricting criminal conviction inquiries; exceptions. - (2) An employer excludes an applicant from an initial interview...

Section 659A.362 - Enforcement. - Note: See note under 659A.360.

Section 659A.370 - Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct; exceptions; remedies. - (a)(A) That constitutes discrimination prohibited by ORS 659A.030, including conduct...

Section 659A.375 - Employer policies relating to prevention of discrimination and sexual assault; requirements. - (2) At a minimum, the policy must: (a) Provide a...

Section 659A.400 - Place of public accommodation defined. - (a) Any place or service offering to the public accommodations,...

Section 659A.403 - Discrimination in place of public accommodation prohibited. - (2) Subsection (1) of this section does not prohibit: (a)...

Section 659A.411 - Definitions for ORS 659A.411 to 659A.415. - (1) "Customer" means an individual who is lawfully on the...

Section 659A.413 - Denial of access prohibited; exception. - (a) The customer requesting the use of the employee toilet...

Section 659A.415 - Liability for damages; physical changes not required. - (2) A place of public accommodation is not required to...

Section 659A.417 - Violation of ORS 659A.413. - Note: See note under 659A.411.

Section 659A.421 - Discrimination in selling, renting or leasing real property prohibited. - (a) "Dwelling" means: (A) A building or structure, or portion...

Section 659A.425 - Violation based on facially neutral housing policy. - (a) "Facially neutral housing policy" means a guideline, practice, rule...

Section 659A.550 - Discrimination because of employment status prohibited; penalties. - (a) The qualifications for a job include current employment; (b)...

Section 659A.800 - Elimination and prevention of discrimination by Bureau of Labor and Industries; subpoenas. - (2) The bureau is given general jurisdiction and power for...

Section 659A.805 - Rules for carrying out ORS chapter 659A. - (a) Establishing what acts and communications constitute a notice, sign...

Section 659A.810 - Willful interference with administration of law and violation of orders of commissioner prohibited. - (2) An appeal or other procedure for the review of...

Section 659A.815 - Advisory agencies and intergroup-relations councils. - (a) To study the problems of discrimination in all or...

Section 659A.820 - Complaints. - (a) Has been injured by an unlawful practice under ORS...

Section 659A.825 - Complaints filed by Attorney General or commissioner; temporary cease and desist orders in certain cases. - (b) If the Attorney General or the commissioner has reason...

Section 659A.830 - Authority of commissioner. - (2)(a) Except as provided in paragraph (b) of this subsection,...

Section 659A.835 - Investigation; finding of substantial evidence. - (2) The commissioner shall commence an investigation of any complaint...

Section 659A.840 - Settlement. - (2) The terms of any settlement agreement entered into under...

Section 659A.845 - Formal charges. - (2)(a) The commissioner shall serve the formal charges on all...

Section 659A.850 - Hearing; orders; fees. - (b) In a proceeding under this section alleging an unlawful...

Section 659A.855 - Civil penalty for certain complaints filed by commissioner. - (b) Civil penalties under this subsection may not exceed $1,000...

Section 659A.860 - Settlement agreements and orders. - (2) The commissioner may relax any terms or conditions of...

Section 659A.870 - Election of remedies. - (2) The filing of a complaint under ORS 659A.820 is...

Section 659A.875 - Time limitations. - (a) A civil action under ORS 659A.885 alleging an unlawful...

Section 659A.880 - Ninety-day notice. - (2) If the complaint filed under ORS 659A.820 alleges unlawful...

Section 659A.885 - Civil action. - (a) The judge shall determine the facts in an action...

Section 659A.890 - Civil action for violation of ORS 659A.865. - (2) As a defense to any cause of action arising...

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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

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