justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.340. Interfering with employees good faith disclosure of information concerning unlawful conduct or certain violations prohibited; remedy. (1) As used in this section, employer means: (a) An adjudicated youth foster home as defined in ORS 420.888; (b) An adult foster home as defined in ORS 443.705; (c) A child care provider as defined in ORS 329A.700; (d) A child-caring agency as defined in ORS 418.205; (e) A child-caring facility as defined in ORS 418.950; (f) Community-based structured housing as defined in ORS 443.480; (g) A facility as defined in ORS 430.735; (h) A foster home as defined in ORS 418.625; (i) A long term care facility as defined in ORS 442.015; (j) A residential facility as defined in ORS 443.400; (k) A youth care center as defined in ORS 420.855; or (L) Any other entity that is licensed, certified or registered by a public body, as defined in ORS 174.109, to provide care to children, youth, individuals with disabilities or older adults. (2) It is an unlawful employment practice under ORS chapter 659A for an employer to violate ORS 329A.348, 418.256, 418.644, 420.872, 420.891, 441.046, 443.453 or 443.766 or to interfere with an employees good faith disclosure of information concerning the abuse or mistreatment of an individual cared for by the employer, violations of licensing or certification requirements, criminal activity occurring at the workplace, violations of state or federal laws or any practice that threatens the health and safety of the individual cared for by the employer to regulatory agencies, law enforcement authorities or persons who are acting on behalf of the individual. (3) An employee or a volunteer may file a civil action under ORS 659A.885, alleging violation of this section. [2019 c.381 21; 2021 c.489 158] Note:
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.343. Discrimination based on individuals presentation of identification other than Real ID prohibited; remedies. (1) As used in this section, Real ID has the meaning given that term in ORS 807.450. (2) A person may not discriminate against an individual because the individual holds or presents a form of government issued identification other than a Real ID. (3) An individual claiming to be aggrieved by a violation of subsection (2) of this section may bring a civil action under ORS 659A.885 and recover the relief as provided by ORS 659A.885 (1) and (3).
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.347. Discrimination related to possession of valid driver license. (1) It is an unlawful employment practice for an employer to: (a) Require, as a condition for employment or continuation of employment, an employee or prospective employee to possess or present a valid driver license unless the ability to legally drive is an essential function of the job or is related to a legitimate business purpose. (b) Refuse to accept from an employee or prospective employee, as an alternative to a driver license, any other identification documents that are deemed acceptable for the purpose of forms prescribed by the United States Citizenship and Immigration Services that are used for verifying the identity and employment authorization of individuals hired for employment in the United States. (2)(a) Nothing in subsection (1) of this section shall be construed to prohibit an employer from accepting a driver license as identification if voluntarily offered by an employee or prospective employee. (b) An employers acceptance of a driver license if voluntarily offered by an employee or prospective employee may not be used as evidence of a violation of subsection (1) of this section.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.350. Interns. (1) An intern is considered to be in an employment relationship with an employer for the purposes of the employee protections provided under ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.355. Discrimination based on wage inquiry or wage complaint; exception. (1) It is an unlawful employment practice for an employer to discharge, demote or suspend, or to discriminate or retaliate against, an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has: (a) Inquired about, discussed or disclosed in any manner the wages of the employee or of another employee; or (b) Made a charge, filed a complaint or instituted, or caused to be instituted, an investigation, proceeding, hearing or action based on the disclosure of wage information by the employee. (2) This section does not apply to an employee who has access to wage information of employees as part of the job functions of the employees position and discloses the wages of those employees to individuals not authorized access to the information, unless the disclosure is in response to a charge or complaint or is in furtherance of an investigation, proceeding, hearing or action, including but not limited to an investigation conducted by the employer.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.357. Restricting salary history inquiries. It is an unlawful practice under ORS chapter 659A for an employer or prospective employer to seek the salary history of an applicant or employee from the applicant or employee or a current or former employer of the applicant or employee. This section is not intended to prevent an employer from requesting from a prospective employee written authorization to confirm prior compensation after the employer makes an offer of employment to the prospective employee that includes an amount of compensation. [2017 c.197 4] Note:
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.360. Restricting criminal conviction inquiries; exceptions. (1) It is an unlawful practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction. (2) An employer excludes an applicant from an initial interview if the employer: (a) Requires an applicant to disclose on an employment application a criminal conviction; (b) Requires an applicant to disclose, prior to an initial interview, a criminal conviction; or (c) If no interview is conducted, requires an applicant to disclose, prior to making a conditional offer of employment, a criminal conviction. (3) Subject to subsections (1) and (2) of this section, nothing in this section prevents an employer from considering an applicants conviction history when making a hiring decision. (4) Subsections (1) and (2) of this section do not apply: (a) If federal, state or local law, including corresponding rules and regulations, requires the consideration of an applicants criminal history; (b) To an employer that is a law enforcement agency; (c) To an employer in the criminal justice system; or (d) To an employer seeking a nonemployee volunteer. [2015 c.559 1] Note:
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.362. Enforcement. ORS 659A.360 is subject to enforcement by the Commissioner of the Bureau of Labor and Industries as provided in ORS 659A.820 to 659A.865. [2015 c.559 2] Note: See note under
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.375. Employer policies relating to prevention of discrimination and sexual assault; requirements. (1) Every employer in this state shall adopt a written policy containing procedures and practices for the reduction and prevention of discrimination prohibited by ORS 659A.030, including sexual assault, as defined in ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.377. Requirements for mediation related to claims or allegations of unlawful conduct as described under ORS 659A.370. For purposes of mediation related to claims or allegations of the unlawful conduct described under ORS 659A.370 (1)(a) and (b), a mediator in the mediation shall provide a person who is a party to the mediation and who is not represented by an attorney with a copy of the model procedures and policies made available by the Bureau of Labor and Industries under ORS 659A.375. [2022 c.107 2] Note:
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.380. When severance or separation agreements are voidable by employer. Any agreement entered into between an employer and a person with the authority to hire and fire employees, or the discretion to exercise control over employees, that requires severance or separation payments is voidable by the employer if, after the employer conducts a good faith investigation, the employer determines that the person violated ORS 659A.370 or violated the policy adopted under ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.390. Restrictions on no-rehire provisions as condition of workers compensation settlements; exceptions; remedy for violation; civil penalties. (1) As used in this section: (a) No-rehire provision means any provision in an agreement barring a worker from seeking further employment, reemployment or reinstatement with an employer. (b) Settlement agreement means a settlement agreement disposing of all or part of a workers claim for workers compensation under ORS chapter 656. (c) Worker means a worker who has applied for benefits or invoked or utilized the procedures provided for in ORS chapter 656. (2) With respect to offers to enter into a settlement agreement, it is an unlawful employment practice for an employer to: (a) Make an offer to negotiate a settlement agreement conditional upon a worker also entering into an agreement that includes a no-rehire provision. (b) Make an offer for a settlement agreement conditional upon the worker also entering into an agreement that includes a no-rehire provision unless: (A) Prior to the offer, the worker has provided the employer with written confirmation of the workers willingness to enter into an agreement that includes a no-rehire provision as a condition of entering into the settlement agreement; and (B) The settlement offer affirmatively states that entering into the settlement agreement is conditional upon the worker also entering into an agreement that includes a no-rehire provision. (3) Provided that the requirements under subsection (2)(b) of this section are met, it is not a violation of this section: (a) For any party participating in negotiations for a settlement agreement to make or reject an offer for a settlement agreement that includes a no-rehire provision. (b) For an employer to require a worker, as a condition of a settlement agreement, to also enter into an agreement that includes a no-rehire provision. (4) It is not a violation of this section for an employer to make an offer to enter into a settlement agreement that includes a no-rehire provision when the following circumstances exist: (a) The worker has not provided the written confirmation described in subsection (2)(b)(A) of this section; and (b) The offer affirmatively states that the offer is not conditional upon the worker also entering in an agreement that includes a no-rehire provision. (5) A worker may file a complaint under ORS 659A.820 for a violation of this section and may bring a civil action under ORS 659A.885 and recover a civil penalty of up to $5,000 and relief as provided by ORS 659A.885 (1) to (3). [2023 c.446 2] ACCESS TO PUBLIC ACCOMMODATIONS (Unlawful Discrimination in Public Accommodations)
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.400. person aiding or abetting the place or person in violation of ORS 659A.406 may bring an action against the operator or manager of the place, the employee or person acting on behalf of the place or the aider or abettor of the place or person. Notwithstanding subsection (1) of this section, in an action under this subsection: (a) The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory and punitive damages; (b) The operator or manager of the place of public accommodation, the employee or person acting on behalf of the place, and any aider or abettor shall be jointly and severally liable for all damages awarded in the action; (c) At the request of any party, the action shall be tried to a jury; (d) The court shall award reasonable attorney fees to a prevailing plaintiff; (e) The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails only if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court; and (f) Upon any appeal of a judgment under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (1). (9) When the commissioner or the Attorney General 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 federal housing law, or that a group of persons has been denied any of the rights protected by ORS 659A.145 or 659A.421 or federal housing law, the commissioner or the Attorney General may file a civil action on behalf of the aggrieved persons in the same manner as a person or group of persons may file a civil action under this section. In a civil action filed under this subsection, the court may assess against the respondent, in addition to the relief authorized under subsections (1) and (3) of this section, a civil penalty: (a) In an amount not exceeding $50,000 for a first violation; and (b) In an amount not exceeding $100,000 for any subsequent violation. (10) In any action under subsection (1) of this section alleging a violation of ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.403. Discrimination in place of public accommodation prohibited. (1) Except as provided in subsection (2) of this section, all persons within the jurisdiction of this state are entitled to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, without any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is of age, as described in this section, or older. (2) Subsection (1) of this section does not prohibit: (a) The enforcement of laws governing the consumption of alcoholic beverages by minors and the frequenting by minors of places of public accommodation where alcoholic beverages are served; (b) The enforcement of laws governing the use of marijuana items, as defined in ORS 475C.009, by persons under 21 years of age and the frequenting by persons under 21 years of age of places of public accommodation where marijuana items are sold; or (c) The offering of special rates or services to persons 50 years of age or older. (3) It is an unlawful practice for any person to deny full and equal accommodations, advantages, facilities and privileges of any place of public accommodation in violation of this section.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.406. Aiding or abetting certain discrimination prohibited. Except as otherwise authorized by ORS 659A.403, it is an unlawful practice for any person to aid or abet any place of public accommodation, as defined in ORS 659A.400, or any employee or person acting on behalf of the place of public accommodation to make any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.409. Notice that discrimination will be made in place of public accommodation prohibited; age exceptions. Except as provided by laws governing the consumption of alcoholic beverages by minors, the use of marijuana items, as defined in ORS 475C.009, by persons under 21 years of age, the frequenting by minors of places of public accommodation where alcoholic beverages are served and the frequenting by persons under 21 years of age of places of public accommodation where marijuana items are sold, and except for special rates or services offered to persons 50 years of age or older, it is an unlawful practice for any person acting on behalf of any place of public accommodation as defined in ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.411. Definitions for ORS 659A.411 to 659A.415. As used in ORS 659A.411 to
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.413. Denial of access prohibited; exception. (1) A place of public accommodation that has an employee toilet facility shall allow a customer to use that facility during normal business hours if: (a) The customer requesting the use of the employee toilet facility suffers from an eligible medical condition; (b) Three or more employees of the place of public accommodation are working at the time the customer requests use of the employee toilet facility; (c) The customer presents a letter or other document from a physician, naturopathic physician, physician assistant, nurse or nurse practitioner indicating that the customer suffers from an eligible medical condition, or presents an identification card that was issued by a national organization that advocates for persons with eligible medical conditions and that indicates that the person suffers from an eligible medical condition; (d) The employee toilet facility is reasonably safe and is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the place of public accommodation; and (e) A public restroom is not immediately available to the customer. (2) This section does not apply to a gas station, as defined in ORS 646.932, with a building of 800 square feet or less. [2009 c.415 2; 2017 c.356 83] Note: See note under
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.415. Liability for damages; physical changes not required. (1) Places of public accommodation, and employees of places of public accommodation, are not liable for any damages suffered by a customer, or by any person accompanying a customer, while using an employee toilet facility pursuant to ORS 659A.413 unless the damages are the result of an intentional tort or gross negligence. (2) A place of public accommodation is not required to make any physical changes to an employee toilet facility by reason of ORS 659A.413. [2009 c.415 3] Note: See note under
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.417. Violation of ORS 659A.413. Violation of ORS 659A.413 is a Class D violation. [2009 c.415 4] Note: See note under
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.420. [Formerly 659.031; repealed by 2008 c.36 17] UNLAWFUL DISCRIMINATION IN REAL PROPERTY TRANSACTIONS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.425. Violation based on facially neutral housing policy. (1) As used in this section: (a) Facially neutral housing policy means a guideline, practice, rule or screening or admission criterion, regarding a real property transaction, that applies equally to all persons. (b) Protected class means a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income or disability. (c) Real property transaction means an act described in ORS 659A.145 or 659A.421 involving the renting or leasing of residential real property subject to ORS chapter 90. (2) A court or the Commissioner of the Bureau of Labor and Industries may find a person to have violated ORS 659A.145 or 659A.421 if: (a) The person applies a facially neutral housing policy to a member of a protected class in a real property transaction involving a residential tenancy subject to ORS chapter 90; and (b) Application of the policy adversely impacts members of the protected class to a greater extent than the policy impacts persons generally. (3) In determining under subsection (2) of this section whether a violation has occurred and, if a violation has occurred, what relief should be granted, a court or the commissioner shall consider: (a) The significance of the adverse impact on the protected class; (b) The importance and necessity of any business purpose for the facially neutral housing policy; and (c) The availability of less discriminatory alternatives for achieving the business purpose for the facially neutral housing policy. [2008 c.36 2; 2021 c.367 41] UNLAWFUL DISCRIMINATION BECAUSE OF EMPLOYMENT STATUS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.550. Discrimination because of employment status prohibited; penalties. (1) Except as permitted under ORS chapter 240 or any other provision of law, an employer, the employers agent, representative or designee or an employment agency may not knowingly or purposefully publish in print or on the Internet an advertisement for a job vacancy in this state that provides that: (a) The qualifications for a job include current employment; (b) The employer, the employers agent, representative or designee or the employment agency will not consider or review an application for employment submitted by a job applicant who is currently unemployed; or (c) The employer, the employers agent, representative or designee or the employment agency will only consider or review applications for employment submitted by job applicants who are currently employed. (2) Violation of this section is an unlawful practice. (3) Nothing in this section shall be construed to: (a) Prohibit an employer, the employers agent, representative or designee or an employment agency from publishing in print or on the Internet an advertisement for a job vacancy in this state that contains a provision: (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. (b) Create or authorize a private cause of action by an aggrieved person against an employer, the employers agent, representative or designee or an employment agency that is alleged to violate or has violated this section. (4) An employer or employment agency that is found to have violated subsection (1) of this section by the Commissioner of the Bureau of Labor and Industries shall be assessed a civil penalty as provided under ORS 659A.855. [2012 c.85 2] ADMINISTRATIVE ACTIONS FOR UNLAWFUL DISCRIMINATION (Enforcement Powers of Bureau of Labor and Industries)
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.800. Elimination and prevention of discrimination by Bureau of Labor and Industries; subpoenas. (1) The Bureau of Labor and Industries may take all steps necessary to eliminate and prevent unlawful practices. To eliminate the effects of unlawful discrimination, the bureau may promote voluntarily affirmative action by employers, labor organizations, governmental agencies, private organizations and individuals and may accept financial assistance and grants or funds for this purpose. (2) The bureau is given general jurisdiction and power for the purpose of eliminating and preventing unlawful practices. (3) The Commissioner of the Bureau of Labor and Industries shall employ a deputy commissioner and such other personnel as may be necessary to carry into effect the powers and duties conferred upon the bureau and the commissioner under this chapter and may prescribe the duties and responsibilities of the employees. The commissioner may delegate any of the powers under this chapter to the deputy commissioner employed under this subsection. (4) In the manner described in ORS 651.060, the commissioner may conduct investigations, issue subpoenas and subpoenas duces tecum, administer oaths, obtain evidence and take testimony in all matters relating to the duties required under this chapter. (5) A person delegated any powers or duties under this section and ORS 659A.805 may not act as prosecutor and examiner in processing any violation under this chapter.