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

ORS 659a.262. Warrant on behalf of person entitled to access to housing; vacation of warrant; rules. (1) In the event that any person claiming to be an authorized or invited person is denied access to housing, the person may apply to any magistrate having jurisdiction to issue warrants, for an order authorizing the person to gain access to the housing. (2) The application pursuant to this section shall be sworn and shall include allegations of the facts and circumstances under which the person alleges that the person is entitled to access under ORS 659A.250 to 659A.262. (3) If, on ex parte review of the application, it appears from the sworn allegations of the application that the person is entitled to access to the housing, the magistrate shall promptly issue an order restraining the owner of the housing from interfering with the access of the applicant to the housing. (4) No fee, bond or undertaking shall be required in connection with proceedings under this section. (5) On sufficient cause, the magistrate may enter further orders for the protection of residents of the housing, including the temporary sealing of the application, or portions thereof. (6) Any person subject to an order referred to in subsections (1) to (5) of this section may request that the order be vacated or modified by filing a written motion with the court which issued the order. (7) Upon receipt of a motion to modify or vacate the order, the court shall schedule a hearing. (8) If after the hearing, the court determines that the applicant is not entitled to access, the court shall vacate or modify the order. (9) The Bureau of Labor and Industries may adopt rules to carry out the provisions of ORS 659A.250 to 659A.262. [Formerly 659.297] PROTECTIONS BECAUSE OF DOMESTIC VIOLENCE, HARASSMENT, SEXUAL ASSAULT, BIAS OR STALKING (Leave)
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.270. Definitions for ORS 659A.270 to 659A.285. As used in ORS 659A.270 to
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.272. Employer required to provide leave. Except as provided in ORS 659A.275, a covered employer shall allow an eligible employee to take reasonable leave from employment for any of the following purposes: (1) To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employees minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, harassment, sexual assault, bias or stalking. (2) To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to, harassment or stalking of or the commission of a bias crime against the eligible employee or the employees minor child or dependent. (3) To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, harassment, sexual assault, bias or stalking. (4) To obtain services from a victim services provider for the eligible employee or the employees minor child or dependent. (5) To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employees minor child or dependent.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.275. Undue hardship. (1) As used in this section, undue hardship means a significant difficulty and expense to a covered employers business and includes consideration of the size of the employers business and the employers critical need for the eligible employee. (2) A covered employer may limit the amount of leave an eligible employee takes under ORS 659A.272 if the employees leave creates an undue hardship on the employers business.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.277. Denying leave to employee prohibited. It is an unlawful employment practice for a covered employer to deny leave to an eligible employee or to discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee takes leave as provided in ORS 659A.272.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.279. Required posting of summaries of statutes and rules. Every covered employer shall keep summaries of ORS 659A.270 to 659A.285 and summaries of all rules promulgated by the Commissioner of the Bureau of Labor and Industries for the enforcement of ORS 659A.270 to 659A.285 posted in a conspicuous and accessible place in or about the premises where the employees of the covered employer are employed. Employers may obtain the summaries from the website of the Bureau of Labor and Industries or upon request from the bureau, the first copy of which shall be furnished without charge. In addition, upon request, the bureau shall furnish the complete text of all rules promulgated pursuant to ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.280. Notice to employer; records confidential. (1) An eligible employee shall give the covered employer reasonable advance notice of the employees intention to take leave for the purposes identified in ORS 659A.272, unless giving the advance notice is not feasible. (2) The covered employer may require the eligible employee to provide certification that: (a) The employee or the employees minor child or dependent is a victim of domestic violence, harassment, sexual assault, bias or stalking; and (b) The leave taken is for one of the purposes identified in ORS 659A.272. (3) The eligible employee shall provide the certification within a reasonable time after receiving the covered employers request for the certification. (4) Any of the following constitutes sufficient certification: (a) A copy of a police report indicating that the eligible employee or the employees minor child or dependent was a victim of domestic violence, harassment, sexual assault, bias or stalking. (b) A copy of a protective order or other evidence from a court, administrative agency or attorney that the eligible employee appeared in or was preparing for a civil, criminal or administrative proceeding related to domestic violence, harassment, sexual assault, bias or stalking. (c) Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy, employee of the Department of Justice division providing victim and survivor services or victim services provider that the eligible employee or the employees minor child or dependent was undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, harassment, sexual assault, bias or stalking. (5) All records and information kept by a covered employer regarding an eligible employees leave under ORS 659A.270 to 659A.285, including the fact that the employee has requested or obtained leave under ORS 659A.272, are confidential and may not be released without the express permission of the employee, unless otherwise required by law.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.283. Paid leave for public employees. (1) As used in this section, public employer means the State of Oregon. (2)(a) Notwithstanding ORS 659A.285, an eligible employee of the public employer who is a victim of domestic violence, a victim of harassment, a victim of sexual assault, a victim of bias or a victim of stalking shall be granted leave with pay from employment for the purposes specified in ORS 659A.272. (b) Leave with pay authorized by this section is in addition to any vacation, sick, personal business or other form of paid or unpaid leave available to the eligible employee. However, an eligible employee must exhaust all other forms of paid leave before the employee may use the paid leave established under this section. (c) An eligible employee may take up to 160 hours of leave with pay authorized by this section in each calendar year. (3) If the public employer has knowledge, or reasonably should have knowledge, that an employee is a victim of domestic violence, a victim of harassment, a victim of sexual assault, a victim of bias or a victim of stalking and that any direct or indirect communication to the eligible employee related to the victimization of the employee is made or attempted to be made in the workplace, the public employer of the employee shall immediately inform the employee and offer to report the communication to law enforcement. (4) The public employer shall annually inform all employees of the provisions of ORS 659A.290.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.285. (1) Covered employer means an employer who employs six or more individuals in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to address domestic violence, harassment, sexual assault, bias or stalking, or in the year immediately preceding the year in which an eligible employee takes leave to address domestic violence, harassment, sexual assault, bias or stalking. (2) Eligible employee means an employee who is a victim of domestic violence, harassment, sexual assault, bias or stalking or is the parent or guardian of a minor child or dependent who is a victim of domestic violence, harassment, sexual assault, bias or stalking. (3) Protective order means an order authorized by ORS 30.866, 107.095 (1)(c), 107.700 to 107.735, 124.005 to 124.040, 163.730 to 163.750 or 163.760 to 163.777 or any other order that restrains an individual from contact with an eligible employee or the employees minor child or dependent. (4) Victim of bias means: (a) An individual who has been a victim of a bias crime as defined in ORS 147.380; or (b) Any other individual designated as a victim of bias by rule adopted under ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.300. Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited; exceptions. (1) Except as provided in this section, it is an unlawful employment practice for any employer to subject, directly or indirectly, any employee or prospective employee to any breathalyzer test, polygraph examination, psychological stress test, genetic test or brain-wave test. (2) As used in this section: (a) Breathalyzer test means a test to detect the presence of alcohol in the body through the use of instrumentation or mechanical devices. (b) Genetic test has the meaning given in ORS 192.531. (c) Polygraph examination or psychological stress test means a test to detect deception or to verify the truth of statements through the use of instrumentation or mechanical devices. (d) An individual is under the influence of intoxicating liquor when the individuals blood alcohol content exceeds the amount prescribed in a collective bargaining agreement or the amount prescribed in the employers work rules if there is no applicable collective bargaining provision. (3) Nothing in subsection (1) of this section shall be construed to prohibit the administration of a polygraph examination to an individual, if the individual consents to the examination, during the course of criminal or civil judicial proceedings in which the individual is a party or witness or during the course of a criminal investigation conducted by a law enforcement agency, as defined in ORS 181A.010, a district attorney or the Attorney General. (4) Nothing in subsection (1) of this section shall be construed to prohibit the administration of a breathalyzer test to an individual if the individual consents to the test. If the employer has reasonable grounds to believe that the individual is under the influence of intoxicating liquor, the employer may require, as a condition for employment or continuation of employment, the administration of a blood alcohol content test by a third party or a breathalyzer test. The employer shall not require the employee to pay the cost of administering any such test. (5) Subsection (1) of this section does not prohibit the administration of a genetic test to an individual if the individual or the individuals representative grants informed consent in the manner provided by ORS 192.535, and the genetic test is administered solely to determine a bona fide occupational qualification. [Formerly 659.227]
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.303. Employer prohibited from obtaining, seeking to obtain or using genetic information. (1) It is an unlawful employment practice for an employer to seek to obtain, to obtain or to use genetic information of an employee or a prospective employee, or of a blood relative of the employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to an employee or a prospective employee. (2) For purposes of this section, blood relative, genetic information and obtain genetic information have the meanings given those terms in ORS 192.531.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.306. Requiring employee to pay for medical examination as condition of continued employment prohibited; exceptions. (1) It is an unlawful employment practice for any employer to require an employee, as a condition of continuation of employment, to pay the cost of any medical examination or the cost of furnishing any health certificate. (2) Notwithstanding subsection (1) of this section, it is not an unlawful employment practice for an employer to require the payment of medical examination or health certificate costs: (a) From health and welfare fringe benefit moneys contributed entirely by the employer; or (b) By the employee if the medical examination or health certificate is required pursuant to a collective bargaining agreement, state or federal statute or city or county ordinance. [Formerly 659.330] (Miscellaneous Provisions)
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.309. Discrimination solely because of employment of another family member prohibited; exceptions. (1) Except as provided in subsection (2) of this section, it is an unlawful employment practice for an employer solely because another member of an individuals family works or has worked for that employer to: (a) Refuse to hire or employ an individual; (b) Bar or discharge from employment an individual; or (c) Discriminate against an individual in compensation or in terms, conditions or privileges of employment. (2) An employer is not required to hire or employ and is not prohibited from barring or discharging an individual if such action: (a) Would constitute a violation of any law of this state or of the United States, or any rule promulgated pursuant thereto, with which the employer is required to comply; (b) Would constitute a violation of the conditions of eligibility for receipt by the employer of financial assistance from the government of this state or the United States; (c) Would place the individual in a position of exercising supervisory, appointment or grievance adjustment authority over a member of the individuals family or in a position of being subject to such authority which a member of the individuals family exercises; or (d) Would cause the employer to disregard a bona fide occupational requirement reasonably necessary to the normal operation of the employers business. (3) As used in this section, member of an individuals family means the spouse in a marriage, son, daughter, parent, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, parent-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of the individual.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.312. Leave of absence to donate bone marrow; verification by employer. (1) It is an unlawful employment practice for an employer to deny to grant already accrued paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The total length of the leaves shall be determined by the employee, but shall not exceed the amount of already accrued paid leave or 40 work hours, whichever is less, unless agreed to by the employer. (2) The employer may require verification by a physician or naturopathic physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence used by the employee prior to that medical determination is not affected. (3) An employer shall not retaliate against an employee for requesting or using accrued paid leave of absence as provided by this section. (4) This section does not: (a) Prevent an employer from providing leave for bone marrow donations in addition to leave required under this section. (b) Affect an employees rights with respect to any other employment benefit. (5) This section applies only to employees who work an average of 20 or more hours per week.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.314. Discrimination for service as appointed member of state board or commission; requiring employee to use accrued leave prohibited; remedy for violation. (1) As used in this section, state board or commission means a state board or commission referred to in ORS 292.495. (2) It is an unlawful employment practice if an employer discharges, threatens to discharge, intimidates or coerces any employee by reason of the employees service or scheduled service as an appointed member of a state board or commission. (3) Subject to subsection (4) of this section, an employer may not require that an employee use vacation leave, sick leave or annual leave for time spent by the employee in service as an appointed member of a state board or commission, and the employer shall allow the employee to take leave without pay for time spent by the employee in service as an appointed member of the state board or commission. (4) The protections provided under subsection (3) of this section apply to an employee who has provided the employer with at least 21 days advance notice of any time the employee needs to spend in service as an appointed member of a state board or commission. (5) This section may not be construed to alter or affect an employers policies or agreements with employees concerning employees wages during times when an employee serves or is scheduled to serve as an appointed member of a state board or commission. (6) An employee who alleges a violation of this section may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.315. Restricting use of tobacco in nonworking hours prohibited; exceptions. (1) It is an unlawful employment practice for any employer to require, as a condition of employment, that any employee or prospective employee refrain from using lawful tobacco products during nonworking hours, except when the restriction relates to a bona fide occupational requirement. (2) Subsection (1) of this section does not apply if an applicable collective bargaining agreement prohibits off-duty use of tobacco products.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.318. (a) The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater, and punitive damages; (b) At the request of any party, the action shall be tried to a jury; (c) Upon appeal of any judgment finding a violation, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (1); and (d) Any attorney fee agreement shall be subject to approval by the court. (4) Notwithstanding ORS 31.730, in an action under subsection (1) of this section alleging a violation of ORS 652.220, the court may award punitive damages if: (a) It is proved by clear and convincing evidence that an employer has engaged in fraud, acted with malice or acted with willful and wanton misconduct; or (b) An employer was previously adjudicated in a proceeding under this section or under ORS 659A.850 for a violation of ORS 652.220. (5) In any action under subsection (1) of this section alleging a violation of ORS 653.060 or 659A.147, the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater. (6) In any action under subsection (1) of this section alleging a violation of ORS 171.120, 476.574 or 659A.218, the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $250, whichever is greater. (7) In any action under subsection (1) of this section alleging a violation of ORS 10.090 or 10.092, the court may award, in addition to the relief authorized under subsection (1) of this section, a civil penalty in the amount of $720. (8) Any individual against whom 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, has been made by any place of public accommodation, as defined in ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.320. Discrimination based on information in credit history prohibited; exceptions; remedies for violation. (1) Except as provided in subsection (2) of this section, 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) Subsection (1) of this section does not apply to: (a) Employers that are federally insured banks or credit unions; (b) Employers that are required by state or federal law to use individual credit history for employment purposes; (c) The application for employment or the employment of a public safety officer who will be or who is: (A) A member of a law enforcement unit; (B) Employed as a peace officer commissioned by a city, port, school district, mass transit district, county, university under ORS 352.121 or 353.125, Indian reservation, the Superintendent of State Police under ORS 181A.340, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or employed as a regulatory specialist by the Oregon Liquor and Cannabis Commission; and (C) Responsible for enforcing the criminal laws of this state or laws or ordinances related to airport security; or (d) 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 employers reasons for the use of such information are disclosed to the employee or prospective employee in writing. (3) An employee or an applicant for employment may file a complaint under ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.321. Seniority systems and benefit plans not unlawful employment practices. It is not an unlawful employment practice for an employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of this chapter. However, except as otherwise provided by law, no such employee benefit plan shall excuse the failure to hire any individual and no such seniority system or employee benefit plan shall require the involuntary retirement of any individual 18 years of age or older because of the age of such individual. [Formerly 659.028]