justicedao/ipfs_state_laws huggingface dataset:
839-005-0060 Employer Obtainment or Use of Credit History Information: Purpose and Scope of these Rules (1) It is the policy of the State of Oregon to guarantee individuals the fullest possible participation in the social and economic life of the state, including employment. Pursuant to ORS 659A.320, obtainment or use by an employer of information in an applicant’s credit history impacts the individual’s privacy, and must relate only to the position for which the individual is being considered or holds. The people of Oregon have the right to employment without unlawful discrimination on the basis of credit history. (2) Prohibited discrimination is a basis of unlawful practices described in ORS Chapter 659A and other chapters of the Oregon statutes. (3) The Civil Rights Division (division) of the Bureau of Labor and Industries enforces ORS 659A.320. These rules implement and interpret that statute. (4) Any individual claiming to be aggrieved by an unlawful practice including a violation of ORS 659A.320 may file a complaint with the division under ORS 659A.820 or may bring a civil action under ORS 659A.885. (5) These rules apply to all inquiries and complaints received by the division on or after the effective date of these rules. Statutory/Other Authority: 659A.805 Statutes/Other Implemented: ORS 659A.320 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13 BLI 16-2010, f. 6-1-10, cert. ef. 7-1-10
839-005-0065 Employer Obtainment or Use of Credit History Information: Definitions (1) “Applicant” means an individual who has submitted information for the purpose of gaining employment. (2) “Credit history” means any written or other communication of any information by a consumer reporting agency that bears on a consumer’s creditworthiness, credit standing or credit capacity. (3) "Division" means the Civil Rights Division of the Bureau of Labor and Industries. (4) “Employer” means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. (5) "Respondent" includes any person against whom a complaint or charge of unlawful practices is filed with the division or whose name has been added to such complaint or charge pursuant to ORS 659A.835(1). (6) “Substantially job-related” is defined in OAR 839-005-0080. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.320 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13 BLI 16-2010, f. 6-1-10, cert. ef. 7-1-10
839-005-0070 Employer Obtainment or Use of Credit History Information: Unlawful Discrimination (1) It is an unlawful employment practice for an employer to obtain or use for employment purposes information contained in the credit history of an applicant for employment or an employee, or to refuse to hire, discharge, demote, suspend, retaliate or otherwise discriminate against an applicant or an employee with regard to promotion, compensation or the terms, conditions or privileges of employment based on information in the credit history of the applicant or employee. (2) Obtainment or use of credit history information may not be conducted in a manner that results in adverse impact discrimination as prohibited by 42 U.S.C. §2000e-2, ORS 659A.030 and OAR 839-005-0010. A finding of adverse impact discrimination does not require establishment of intentional discrimination. (3) ORS 659A.320 permits an employer to obtain or use for employment purposes information contained in the credit history of an applicant or employee under circumstances described at 659A.320(2). ORS 659A.320(2)(d) permits an employer to obtain or use information contained in the credit history of an applicant or employee if the credit history information is substantially job-related, and the employer’s reasons for the use of such information are disclosed to the employee or prospective employee in writing. (4) The burden of proving the employer’s disclosure to the employee of its reasons for the use of such information rests with the employer. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.320 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13 BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 BLI 16-2010, f. 6-1-10, cert. ef. 7-1-10
839-005-0075 Employer Obtainment or Use of Credit History Information: Exceptions ORS 659A.320 does not apply to: (1) Employers that are federally insured banks or credit unions; (2) Employers that are required by state or federal law to use individual credit history for employment purposes; (3) Employees in or applicants for positions responsible for enforcing the criminal laws of this state, including: (a) A public safety officer who is a member of a law enforcement unit; (b) A peace officer commissioned by a city, port, school district, mass transit district, county, Indian reservation, or the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission, the Governor; or (c) Employees in positions responsible for enforcing the criminal laws of this state or laws or ordinances related to airport security; or (4)(a) The obtainment or use by an employer of information in the credit history of an applicant or employee because the information is substantially job-related, and the employer’s reasons for the use of such information are disclosed to the employee or prospective employee in writing. (b) The burden of proving the employer’s disclosure to the employee rests with the employer. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.320 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13 BLI 3-2012, f. & cert. ef. 2-8-12 BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12
839-005-0080 Employer Obtainment or Use of Credit History Information: Determining whether Credit History Is Substantially Job-Related (1) The determination of whether credit history information is substantially job-related must be evaluated with respect to the position for which the individual is being considered or holds. (2) Credit history information of an applicant or employee is substantially job-related if: (a) An essential function of the position at issue requires access to financial information not customarily provided in a retail transaction that is not a loan or extension of credit. Financial information customarily provided in a retail transaction includes information related to the exchange of cash, checks and credit or debit card numbers; or (b) The position at issue is one for which an employer is required to obtain credit history as a condition of obtaining insurance or a surety or fidelity bond. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.320 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13 BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 BLI 16-2010, f. 6-1-10, cert. ef. 7-1-10
839-005-0085 Employer Obtainment or Use of Credit History Information: Enforcement and Retaliation (1) An employer's duties and obligations under ORS 659A.320 extend to an employer that is a successor in interest as defined in OAR 839-005-0014. (2) An applicant or employee claiming a violation of ORS 659A.320 or these rules may file a complaint with the Civil Rights Division of the Bureau of Labor and Industries in the manner provided by 659A.820. (3) An applicant or employee claiming a violation of ORS 659A.320 may bring a civil action under 659A.885. (4) Pursuant to ORS 659A.030(1)(f), it is an unlawful employment practice for an employer to discharge, expel or otherwise discriminate against any person because the person has filed a complaint, testified or assisted in any proceeding in connection with 659A.320. (5) Pursuant to ORS 659A.030(1)(g), it is an unlawful employment practice for any person, whether an employer or an employee, to aid, abet, incite, compel or coerce the doing of any of the acts in violation of 659A.320 or to attempt to do so. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.320 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13 BLI 16-2010, f. 6-1-10, cert. ef. 7-1-10
839-005-0125 Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices (1) This rule interprets ORS 659A.030(1)(f). (2) A person will be found to have unlawfully retaliated against any other person if: (a) That other person has engaged in protected activity by: (A) Explicitly or implicitly opposing an unlawful practice or what that other person reasonably believed to be an unlawful practice, or (B) Filing a charge, testifying, or assisting in an investigation, proceeding, or lawsuit under ORS Chapter 659A, or attempting to do so; (b) The person has subjected that other person to any adverse treatment, in or out of the workplace, that is reasonably likely to deter protected activity, regardless of whether it materially affects the terms, conditions, or privileges of employment; and (c) There is a causal connection between the protected activity and the adverse treatment. (3) “Person” for purposes ORS Chapter 659A and these rules is defined at 659A.001(9) and OAR 839-005-0003(12). Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.001(9) & 659A.030(1)(f) History: BLI 14-2015, f. & cert. ef. 11-6-15 BLI 3-2012, f. & cert. ef. 2-8-12 Renumbered from 839-005-0033, BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 27-2008, f. 8-5-08, cert. ef. 8-6-08
839-005-0130 Discrimination Based on Protected Activity: Employees Serving or Scheduled to Serve as Jurors (1) An employer commits an unlawful employment practice under ORS chapter 659A if the employer discharges, threatens to discharge, intimidates or coerces any employee by reason of the employee’s service or scheduled service as a juror on a grand jury, trial jury or jury of inquest. (2) An employee who alleges a violation of subsection (1) of this rule may bring a civil action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 10.090 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 3-2012, f. & cert. ef. 2-8-12 BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12
839-005-0135 Discrimination Based on Protected Activity: Insurance Coverage for Employees Serving as Jurors (1) An employer who employs 10 or more persons commits an unlawful employment practice under ORS chapter 659A if: (a) The employer ceases to provide health, disability, life or other insurance coverage for an employee during times when the employee serves or is scheduled to serve as a juror; and (b) The employee elected to have coverage continued while the employee served or was scheduled to serve as a juror, and the employee provided notice of that election to the employer in compliance with the employer’s policy for notification. (2) Notwithstanding ORS 652.610(3), if, following an election described in subsection (1) of this section, an employer is required or elects to pay any part of the costs of providing health, disability, life or other insurance coverage for the employee that should have been paid by the employee, the employer may deduct from the employee’s pay such amounts upon the employee’s return to work until the amount the employer advanced toward the payments is paid. The total amount deducted for insurance under this subsection may not exceed 10 percent of the employee’s gross pay each pay period. (3) Notwithstanding ORS 652.610(3), if the employer pays any part of the costs of providing health, disability, life or other insurance coverage for an employee under subsection (2) of this section, and the employee ceases to work for the employer before the total amount the employer advanced toward the payments is paid, the employer may deduct the remaining amounts from any amounts owed by the employer to the employee or may seek to recover those amounts by any other legal means. (4) An employee who alleges a violation of this section may bring a civil action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 10.090 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 3-2012, f. & cert. ef. 2-8-12 BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12
839-005-0138 Discrimination Based on Protected Activity: Child Support Obligations (1) For purposes of this rule: (a) “Child” has the meaning given that term in ORS 110.303. (b) “Child support” means an obligation imposed or imposable by law to provide support, including but not limited to medical support and an unsatisfied obligation to provide support to a child under ORS chapter 25. (c) “Obligor” means an individual or the estate of a decedent: (A) Who owes or is alleged to owe a duty of support; (B) Who is alleged but has not been adjudicated to be a parent of a child; or (C) Who is liable under a support order. (d) “Order to withhold” means an order or other legal process that requires a withholder to withhold support from the income of an obligor. (e) “Withholder” means any person who disburses income and includes but is not limited to an employer, conservator, trustee or insurer of the obligor. (2) It is an unlawful employment practice for an employer to discharge, refuse to hire or in any other manner discriminate, retaliate, or take disciplinary action against an employee because of the entry or service of an order to withhold under ORS 25.378 and 25.402 or because of the obligations or additional obligations that the order imposes upon the employer. (3) An obligor may bring an action under ORS 659A.885 or may file a complaint with the Bureau of Labor and Industries in the manner provided by ORS 659A.820. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 25.424 & 659A.885 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 9-2010, f. & cert. ef. 2-24-10
839-005-0140 Accommodation of Employee Religious Practices (1) An employer violates ORS 659A.030 if the employer does not allow an employee to use vacation leave, or other leave available to the employee, for the purpose of allowing an employee to engage in the religious observance or practices of the employee. (a) This requirement applies only to leave that is not restricted as to the manner in which the leave may be used and that the employer allows the employee to take by adjusting or altering the work schedule or assignment of the employee. (2) An employer is required to accommodate such leave only when reasonably accommodating use of the leave by the employee will not impose an undue hardship on the operation of the business of the employer. (a) A reasonable accommodation imposes an undue hardship on the operation of the business of the employer for the purposes of this section if the accommodation requires significant difficulty or expense. For the purpose of determining whether an accommodation requires significant difficulty or expense, the following factors shall be considered: (A) The nature and the cost of the accommodation needed. (B) The overall financial resources of the facility or facilities involved in the provision of the accommodation, the number of persons employed at the facility and the effect on expenses and resources or other impacts on the operation of the facility caused by the accommodation. (C) The overall financial resources of the employer, the overall size of the business of the employer with respect to the number of persons employed by the employer and the number, type and location of the employer’s facilities. (D) The type of business operations conducted by the employer, including the composition, structure and functions of the workforce of the employer and the geographic separateness and administrative or fiscal relationship of the facility or facilities of the employer. (E) The safety and health requirements in a facility, including requirements for the safety of other employees and any other person whose safety may be adversely impacted by the requested accommodation. (3) An employer violates ORS 659A.030 if the employer imposes an occupational requirement that restricts the ability of an employee to wear religious clothing, to take time off for a holy day or to take time off to participate in a religious observance or practice when: (a) Reasonably accommodating those activities does not impose an undue hardship on the operation of the business of the employer as described in this rule; and (b) The activities have only a temporary or tangential impact on the employee’s ability to perform the essential functions of the job. (4) “Undue hardship” for purposes of ORS 659A.033 and this rule is described in ORS 659A.033. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.033 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 9-2010, f. & cert. ef. 2-24-10
839-005-0160 Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices (1) ORS 659A.290 provides that it is an unlawful practice for an employer, because an individual is a victim of domestic violence, harassment, sexual assault or stalking to: (a) Refuse to hire an otherwise qualified individual; (b) Discharge, threaten to discharge, demote, suspend or in any way discriminate or retaliate against an individual with respect to promotion, compensation or any other terms, conditions or privileges of employment; or to (c) Refuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, harassment, sexual assault or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer as determined by ORS 659A.121. (2) The Civil Rights Division of the Bureau of Labor and Industries enforces ORS 659A.290 and OAR 839-005-0160 to 839-005-0170, which implement ORS 659A.290. (3) "Victim of domestic violence" means an individual who has been threatened with abuse or who is a victim of abuse as defined in ORS 107.705. (4) “Victim of harassment” means an individual against whom harassment has been committed as described in Oregon’s criminal code at ORS 166.065. (5) "Victim of sexual assault" means an individual against whom a sexual offense has been threatened or committed as described in ORS 163.305 to 163.467 or 163.525. (6) "Victim of stalking" means: (a) An individual against whom stalking has been threatened or committed as described in ORS 163.732; or (b) An individual who has obtained a temporary or permanent court’s stalking protective order under ORS 30.866. (7) In no event will an alleged perpetrator of domestic violence, harassment, sexual assault or stalking be considered a victim for the purposes of ORS 659A.290 or rules implementing ORS 659A.290. Statutory/Other Authority: ORS 659A.805 & 659A.270 Statutes/Other Implemented: ORS 659A.290 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13 BLI 3-2012, f. & cert. ef. 2-8-12 BLI 14-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 9-2010, f. & cert. ef. 2-24-10
839-005-0195 Housing Discrimination: Purpose and Scope (1) The public policy of the State of Oregon guarantees all individuals the fullest possible participation in the social and economic life of the state, including the right to purchase, lease, rent or occupy property without discrimination on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, disability, familial status, source of income and other classes protected under Oregon statutes. The Bureau of Labor and Industries, through the Civil Rights Division, protects these rights by enforcement of ORS 659A.145, 659A.421 and the federal Fair Housing Act (42 U.S.C. §3601–3617) over which the U.S. Department of Housing and Urban Development has jurisdiction. (2) An individual claiming to be aggrieved by an alleged unlawful practice under ORS 659A.145 or 659A.421 or discrimination under the federal Fair Housing Act (42 U.S.C. §3601–3617) may file a complaint with the Civil Rights Division as described in OAR 839-003-0200. (a) An individual claiming to be aggrieved by an alleged unlawful practice under ORS 659A.145 or 659A.421 or discrimination under the federal Fair Housing Act (42 U.S.C. §3601–3617) includes an individual who believes that the individual has been injured by an unlawful practice or discriminatory housing practice or will be injured by an unlawful practice or discriminatory housing practice that is about to occur. (3) These rules apply to all complaints and inquiries relating to these sections received on or after the effective date of these rules. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103, 659A.142 & 659A.145, 659A.421 & 42 U.S.C. §3601–3617 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08 BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09 Reverted to BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08 BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08
839-005-0210 Housing Discrimination: Exceptions (1) OAR 839-005-0205 does not apply with respect to sex distinction, discrimination or restriction if the real property involved is such that the application of OAR 839-005-0205 would necessarily result in common use of bath or bedroom facilities by unrelated persons of opposite sex. (2) The provisions of OAR 839-005-0205(1)(a) to (d) and (f) that prohibit actions based upon sex, sexual orientation or familial status do not apply to the renting of space within a single-family residence if the owner actually maintains and occupies the residence as the owner’s primary residence and all occupants share some common space within the residence. (3)(a) OAR 839-005-0205 does not apply to familial status distinction, discrimination or restriction with respect to housing for older persons. (b) As used in this subsection, “housing for older persons” means housing: (A) Provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined by the state or federal program; (B) Intended for, and solely occupied by, persons 62 years of age or older; or (C) Intended and operated for occupancy by at least one person 55 years of age or older per unit. Housing qualifies as housing for older persons under this subparagraph if: (i) At least 80 percent of the dwellings are occupied by at least one person 55 years of age or older per unit; and (ii) Policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older are published and adhered to. (c) Housing does not fail to meet the requirements for housing for older persons if: (A) Persons residing in the housing as of September 13, 1988, do not meet the requirements of paragraph (b)(B) or (C) of this subsection. However, new occupants of such housing will meet the age requirements of paragraph (b)(B) or (C) of this subsection; or (B) The housing includes unoccupied units that are reserved for occupancy by persons who meet the age requirements of paragraph (b)(B) or (C) of this subsection. (d) Nothing in this section limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103, 659A.142 & 659A.145, 659A.421 & 42 U.S.C. §3601–3617 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08