justicedao/ipfs_state_laws huggingface dataset:
839-003-0235 Civil Action under State and Federal Housing Law (1) An aggrieved person alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) may file a civil action as provided in ORS 659A.870 to 659A.885, or ORS 30.680. A person is not required to file a complaint of a violation of state law with the division before filing a civil action. (2) A civil action alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a), may be filed no later than two years after the occurrence or termination of an alleged discriminatory housing practice, or within two years after the breach of any settlement agreement entered into under ORS 659A.840, whichever occurs last. The two-year period may not include any time during which an administrative proceeding was pending with respect to the housing practice. (3) After filing a complaint with the division, an aggrieved person may file a civil action in state or federal court alleging the same matters as those alleged in the complaint filed with the division. The aggrieved person should notify the division of the civil action. When the division receives notice from the aggrieved person or aggrieved person’s attorney, or court documents indicating that a civil action has been filed, the division will not dismiss the complaint until the civil trial commences. The division will notify the aggrieved person and respondent that the division has dismissed the complaint and will take no further action. (4) If formal charges have been issued with respect to a housing discrimination complaint, and an administrative law judge has commenced a hearing on the record under ORS chapter 659A, the aggrieved person may not commence a civil action in court that alleges the same matters. (5) When the commissioner of the Bureau of Labor and Industries or the attorney general of the State of Oregon has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the rights protected by ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a), the commissioner or the attorney general may file a civil action on behalf of the aggrieved individuals in the same manner as an individual or group of individuals may file a civil action under ORS 659A.885. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.800 - 659A.890 History: BLI 9-2015, f. & cert. ef. 6-29-15 BLI 13-2013, f. & cert. ef. 12-30-13 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
839-003-0240 Enforcement of Settlement Agreements and Orders in Housing Discrimination Complaints (1) The commissioner or any person aggrieved by violation of the terms of a settlement agreement to which the division is a party, may file a civil action or an action for a writ of mandamus as provided under ORS 659A.840 and 659A.860 in the manner provided by ORS 659A.885(3). (2) Any person aggrieved by the violation of terms of a settlement agreement to which the division is a party, may file a complaint with the commissioner to seek enforcement within one year after the act or omission alleged to be a violation of the agreement. The commissioner will process the complaint in the same manner as provided for a complaint filed under ORS 659A.820. (3) The commissioner or any person aggrieved by violation of an order issued by the commissioner, may file a civil action or an action for a writ of mandamus as provided under ORS 659A.840 and 659A.860. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.145, 659A.421, 659A.850, 659A.860 & 659A.865 History: BLI 9-2015, f. & cert. ef. 6-29-15 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
839-003-0245 Commissioner's Complaint in Housing Discrimination Cases (1) The commissioner of the Bureau of Labor and Industries may make, sign and file a complaint whenever the commissioner has reason to believe that any person or group of persons has been denied rights or is about to be denied rights due to an unlawful practice under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a). The complaint will be processed in the same manner as any other complaint filed under OAR 839-003-0200. (2) The commissioner may identify an aggrieved person or persons in a commissioner’s complaint, by name, pseudonym or by general description as being affected by an alleged unlawful practice or otherwise similarly situated to a person eligible to file a complaint under ORS 659A.820. (3) Any cease and desist order issued in a proceeding in which the commissioner filed a complaint may, in addition to any other action authorized by law, include remedies for an aggrieved person or persons. (4) In the matter of concurrent complaints, nothing in these rules will be construed to: (a) Require or prohibit the filing of a commissioner's complaint involving the same or similar issues or allegations stated in any other complaint filed with the division or circuit court by an individual under ORS 659A.820, 659A.825, or 659A.885; (b) Require or prohibit the continued processing or initiation of a commissioner's complaint in the event that a complaint filed with the division or circuit court by an individual under ORS 659A.820, 659A.825, or 659A.885, is resolved or dismissed, with or without remedy to the individual; or (c) Alter or limit an individual's private right of action provided under ORS 659A.870 to 659A.885. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.800 - 659A.885 History: BLI 9-2015, f. & cert. ef. 6-29-15 BLI 13-2013, f. & cert. ef. 12-30-13 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
839-004-0003 Definitions: Discrimination for Opposition to Practices Prohibited by Oregon Safe Employment Act (OSEA) As used in these rules and ORS 654.062: (1) "Discriminate" or "discrimination" means to take an adverse action motivated by an employee or prospective employee’s conduct described in OAR 839-004-0016, including but not limited to: (a) Barring, discharging or constructively discharging an employee or prospective employee from employment; (b) Treating an employee or prospective employee worse than others in compensation, terms, conditions or privileges of employment; (c) Demoting, disciplining, failing to promote, reducing pay, furloughing, reducing force, or otherwise taking action that adversely affects the terms, conditions or privileges of employment of an employee or prospective employee; (d) Retaliating against or harassing an employee or prospective employee; or (e) Actions described in (a)–(d) of this section taken against employees or prospective employees by any person, whether or not the person is the individual’s employer or prospective employer, including but not limited to, labor organizations and employment agencies. (2) "Employee" has the meaning given that term in ORS 654.005 (3) "Employer" has the meaning given that term in ORS 654.005. (4) The "Oregon Safe Employment Act" or "OSEA" has the meaning given that term in ORS 654.001. (4) "Person" has the meaning given that term in ORS 654.005. (5) "Place of employment" has the meaning given that term in ORS 654.005. Statutory/Other Authority: ORS 651.060 & ORS 659A.805 Statutes/Other Implemented: ORS 654.062 & ORS 654.005 History: BLI 3-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 2-2022, amend filed 03/21/2022, effective 04/01/2022 BLI 8-2021, temporary amend filed 07/19/2021, effective 07/19/2021 through 01/14/2022 BLI 10-2015, f. & cert. ef. 7-30-15 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 14-2000, f. & cert. ef. 8-11-00
839-004-0016 Scope of Protection under ORS 654.062 (1) ORS 654.062 prohibits discrimination against an employee or prospective employee because the employee or prospective employee: (a) Made any complaint or instituted or caused to be instituted any proceeding under or related to OSEA; (b) Testified or is about to testify in any such proceeding; (c) Exercised on behalf of the employee or prospective employee, or others, any right afforded by OSEA; (d) Engaged in a practice provided for by OSEA; (e) Opposed any practice prohibited by OSEA or which the employee or prospective employee in good faith believed was prohibited by OSEA; or (f) Is perceived to take any actions described in subsections (a) through (e) of this rule. (2) ORS 654.062 does not state to whom or in what manner an employee or prospective employee must oppose a practice in order to be protected from discrimination. Protected actions include the employee or prospective employee communicating opposition to practices prohibited by OSEA, or which the employee or prospective employee in good faith believes are prohibited by OSEA, to anyone, including but not limited to: (a) Coworkers; (b) Employers; and (c) Newspapers and other media. Statutory/Other Authority: ORS 654.062 & ORS 659A.805 Statutes/Other Implemented: ORS 654.062 History: BLI 3-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 10-2015, f. & cert. ef. 7-30-15 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 14-2000, f. & cert. ef. 8-11-00
839-004-0021 Procedures for Complaints; Statutes of Limitation; Private Right of Action; Statutory Construction; Remedies (1) Employees or prospective employees alleging violations of ORS 654.062(5) may file a complaint with the Bureau of Labor and Industries. (2)(a) The complaint must be filed with the Bureau within one year after the date on which the employee or prospective employee has reasonable cause to believe they have been discriminated against. The employee or prospective employee may establish the date on which the employee or prospective employee had reasonable cause to believe they have been discriminated against based on the employee's or prospective employee’s own statement or other evidence offered by the employee or prospective employee. (b) If the employer disagrees with the date the employee had reasonable cause to believe they have been discriminated against, the burden is on the employer to show that the employee had reasonable cause to believe they have been discriminated against at an earlier date. (3) Upon receipt of a complaint the Bureau will process the complaint under the procedures, policies and remedies established by ORS chapter 659A and the policies established by OSEA in the same way and to the same extent that the complaint would be processed if the complaint involved allegations of unlawful employment practices under ORS 659A.030(1)(f). (b) The employee or prospective employee may appeal the dismissal to the Oregon Occupational Safety and Health Division within 15 calendar days of issuance of the determination. (4) Provisions of OSEA are to be construed to the extent possible in a manner that is consistent with any similar provisions of the federal Occupational Safety and Health Act of 1970, 29 USC ch.15 §651-678 as amended (OSHA). (5) The Bureau may order all appropriate relief including rehiring or reinstatement to the employee’s former position with back pay. Statutory/Other Authority: ORS 651.060 & ORS 659A.805 Statutes/Other Implemented: ORS 654.062 History: BLI 3-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 2-2022, amend filed 03/21/2022, effective 04/01/2022 BLI 10-2015, f. & cert. ef. 7-30-15 BLI 29-2007, f. 9-27-07 cert. ef. 10-1-07 BLI 19-2007(Temp), f. & cert. ef. 7-18-07 thru 1-1-08 BLI 5-2005, f. 1-13-05, cert. ef. 1-19-05 BLI 14-2000, f. & cert. ef. 8-11-00
839-005-0000 Purpose and Scope of these Rules (1) It is the policy of the State of Oregon that unlawful discrimination on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, age, disability and other classes protected under Oregon statutes is a matter of state concern and that such discrimination threatens individual rights and privileges and menaces the institutions and foundations of a free democratic state. (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 of the Bureau of Labor and Industries (division) is responsible for protecting individual rights through the enforcement of civil rights statutes prohibiting unlawful practices. (4) The purpose of these rules is to implement, interpret and describe the division's approach to civil rights enforcement under the bureau’s jurisdiction. (5) These rules apply to all inquiries and complaints received by the division on or after the effective date of these rules. (6) An individual claiming a violation of the civil rights statutes may file a complaint with the division as provided in OAR 839-003-0025, or 839-003-0200 for complaints alleging housing discrimination filed under ORS 659A.145, 659A.421 or the federal Fair Housing Act (42 U.S.C. §3601–3617). Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A 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 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 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 19-2000, f. & cert. ef. 9-15-00 BL 4-1996, f. & cert. ef. 3-12-96 BL 9-1982, f. & cert. ef. 6-11-82
839-005-0005 Unlawful Discrimination Defined (1) To discriminate means to make a distinction between individuals or groups based on common characteristics, real or perceived. Certain kinds of discrimination are unlawful. Oregon civil rights laws generally prohibit making decisions in employment, housing, places of public accommodation and career schools because an individual is a member of a class protected by these statutes. (2) When an individual files a complaint with the division alleging unlawful discrimination, the division must determine whether substantial evidence of such discrimination exists. (3) That a private employer may give employment preference in the hiring or promotion of employees under OL Ch. 86, Sec. 2 2014 (persons in uniformed service and their widows and widowers) does not preclude the filing of a complaint under ORS chapter 659A. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A; OL Ch. 86 & Sec. 2 2014 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 19-2000, f. & cert. ef. 9-15-00 BL 4-1996, f. & cert. ef. 3-12-96 BL 9-1982, f. & ef. 6-11-82
839-005-0011 Constructive Discharge from Employment Constructive discharge occurs when an individual leaves employment because of unlawful discrimination. The elements of a constructive discharge are: (1) The employer intentionally created or intentionally maintained discriminatory working conditions related to the individual's protected class status; (2) The working conditions were so intolerable that a reasonable person in the individual's circumstances would have resigned because of them; (3) The employer desired to cause the individual to leave employment as a result of those working conditions, or knew or should have known that the individual was certain, or substantially certain, to leave employment as a result of the working conditions; and (4) The individual left employment as a result of the working conditions. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13 Renumbered from 839-005-0035, BLI 7-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 19-2000, f. & cert. ef. 9-15-00
839-005-0013 Bona Fide Occupational Qualification (BFOQ) and Affirmative Action Plan Exceptions in Employment (1) Discrimination is not unlawful if it is based on a bona fide occupational qualification (BFOQ), as provided in ORS 659A.030(1)(a). To prove a BFOQ, the employer must show that the BFOQ is reasonably necessary to the normal operation of the business. If so, the employer must then show: (a) A factual basis exists for believing that all or substantially all individuals in the protected class adversely affected by the BFOQ would be unable to perform safely and efficiently the tasks required in the job; or (b) It is impossible or highly impractical to screen applicants on an individual basis. (2) An employer may not claim a BFOQ for such reasons as: (a) Customer, co-worker or employer preference; (b) Stereotypes or assumed characteristics of a protected class. (3) When discrimination is based on a bona fide voluntary affirmative action plan, it is not unlawful if the plan: (a) Is a temporary measure; (b) Has the purpose of eliminating the effects of past discrimination; and (c) Does not unnecessarily trammel the interests of other protected classes. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.030 History: BLI 11-2015, f. & cert. ef. 8-4-15 Renumbered from 839-005-0045, BLI 7-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 19-2000, f. & cert. ef. 9-15-00
839-005-0014 Successors in Interest for Employment Discrimination An employer's liability for unlawful discrimination under ORS 659A.030 and OAR 839-005-0010 to 839-005-0045 extends to a successor employer. Determining whether a respondent is a successor employer involves a nine-part test. Not every element of the test need be present to find an employer to be a successor; the facts must be considered together to reach a determination: (1) Whether respondent had notice of the charge at the time of acquiring or taking over the business; (2) The ability of the predecessor to provide relief; (3) Whether there has been a substantial continuity of business operations; (4) Whether the respondent uses the same plant as the predecessor; (5) Whether respondent uses the same or substantially the same work force as the predecessor; (6) Whether respondent uses the same or substantially the same supervisory personnel as the predecessor; (7) Whether under respondent the same jobs exist under substantially the same working conditions as under the predecessor; (8) Whether respondent uses the same machinery, equipment and methods of production as the predecessor; (9) Whether respondent produces the same product as the predecessor. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: 659A History: BLI 11-2015, f. & cert. ef. 8-4-15 Renumbered from 839-005-0050, BLI 7-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02
839-005-0021 Employment Discrimination Based on Sex or Sexual Orientation (1) Employers are not required to treat all employees exactly the same, but are prohibited from using sex as the basis for employment decisions with regard to hiring, promotion or discharge; or in terms, conditions or privileges of employment such as benefits and compensation. (2) Discrimination because of sex includes sexual harassment, discrimination based on pregnancy, childbirth and medical conditions and occurrences related to pregnancy and childbirth. (3) In very rare instances, sex may be a bona fide occupational qualification (BFOQ), as defined in OAR 839-005-0013. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.029 & 659A.030 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 35-2007, f. 12-27-07 cert. ef. 1-1-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 19-2000, f. & cert. ef. 9-15-00
839-005-0026 Employment Protections and Rights Relating to Pregnancy (1) Pregnant people are protected from sex discrimination in employment. (2) ORS 659A prohibits discrimination regarding employee and dependent spouse or domestic partner benefits for pregnancy when employee and dependent spouse or domestic partner benefits exist for other medical conditions. (3) An employee needing to be absent from work because of pregnancy or childbirth may have rights under the Oregon Family Leave Act, Sick Leave under ORS 653.601 to 653.661, Paid Leave under ORS chapter 657B, ORS 659A.146 and 659A.147 or the federal Pregnant Workers Fairness Act. Statutory/Other Authority: ORS 651.060 & ORS 659A.805 Statutes/Other Implemented: ORS 659A.029, ORS 659A.030, ORS 659A.147 & ORS 659A.148 History: BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024 BLI 16-2019, amend filed 10/31/2019, effective 01/01/2020 BLI 11-2015, f. & cert. ef. 8-4-15 BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 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 35-2007, 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 35-2007, f. 12-27-07 cert. ef. 1-1-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 19-2000, f. & cert. ef. 9-15-00
839-005-0036 Commissioner’s Complaint for Discrimination Based on Employment Status (1) Pursuant to ORS 659A.550 and except as permitted under ORS Chapter 240 or any other provision of law, it is an unlawful practice for an employer or employment agency to knowingly or purposefully publish in print or on the Internet an advertisement for a job vacancy in Oregon that provides that: (a) The qualifications for a job include current employment; (b) The employer or employment agency will not consider or review an application for employment submitted by a job applicant who is currently unemployed; or (c) The employer or employment agency will only consider or review applications for employment submitted by job applicants who are currently employed. (2) For purposes of the statute and this rule “employer” includes an employer’s agent, representative or designee. (3) ORS 659A.550 does not prohibit an employer or employment agency from publishing in print or on the Internet an advertisement for a job vacancy in Oregon: (a) Setting forth qualifications for a job vacancy, including but not limited to: (i) Holding a current and valid professional or occupational license, certificate, registration, permit or other credential; or (ii) A minimum level of education or training, or professional, occupational or field experience; or (b) Stating that only applicants who are current employees of the employer will be considered for the position. (4) A complaint of a violation of ORS 659A.550 may be filed only by the Commissioner of the Bureau of Labor and Industries (commissioner), under ORS 659A.885. (5) The Civil Rights Division of the Bureau of Labor and Industries has jurisdiction to accept and investigate commissioners’ complaints of alleged violations of ORS 659A.550 and to pursue enforcement against violations. Commissioner’s complaint procedures are found at OAR 839-003-0100. (6) An employer or employment agency found by the commissioner to have violated ORS 659A.550 shall be assessed a civil penalty as provided under ORS 659A.855. (7) The commissioner may issue a cease and desist order under the provisions of ORS 659.885(3). (8) ORS 659A.550 does not create or authorize a private cause of action by an aggrieved person against an employer or employment agency that is alleged to violate or has violated ORS 659A.550. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.550 History: BLI 11-2015, f. & cert. ef. 8-4-15