reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.815 - Deceptive representations or advertisements by persons employing labor prohibited.

No person, firm, company, corporation, or association of any kind employing labor, shall, either in person or through any agent, manager or other legal representatives, induce, influence, persuade or engage workers to change from one place to another in this state or bring workers of any class or calling into this state to work in any of the departments of labor by:
(1) Any false or deceptive representation or false advertising, concerning the amount or character of the compensation to be paid for any work, or as to the existence or nonexistence of a strike, lockout or other labor troubles pending between employer or employees.
(2) Neglecting to state in the advertisement, proposal or inducement for the employment of workers that there is a strike, lockout or unsettled condition of labor, when such strike, lockout or unsettled condition of labor actually exists. [Formerly 659.210]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.820 - Right of worker to recover damages and attorney fees.

(1) Any worker of this state, or any worker of another state, who is influenced, induced or persuaded to engage with any persons mentioned in ORS 659.815, through or by means of any of the things prohibited in that statute, shall have a right of action for:
(a) Recovery of all damages sustained in consequence of the false or deceptive representations, false advertising and false pretenses used to induce the worker to change the worker’s place of employment against any persons, corporations, companies, or associations, directly or indirectly causing such damages, or $500, whichever is greater; and
(b) Such reasonable attorney fees at trial and on appeal as the court fixes, to be taxed in any judgment recovered.
(2) In any action brought under this section, the court may allow the prevailing party costs and reasonable attorney fees at trial and on appeal. [Formerly 659.220]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.825 - Employer failing to make agreed payments to employee benefit fund.

Whenever an employer has agreed in writing with any employee to make payments to a health and welfare, dental, pension, vacation, apprenticeship and industry fund or any other such plan for the benefit of the employees, or has entered into a collective bargaining agreement providing for such payments, it shall be unlawful for such an employer willfully or with intent to defraud to fail to make the payments required by the terms of any such agreement. [Formerly 659.320]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.835 - Health insurance coverage for children of employees.

Where a parent is required by a court or administrative order to provide health coverage that is available through an employer doing business in this state, the employer shall:
(1) Permit the parent to enroll under family coverage a child who is otherwise eligible for coverage without regard to any enrollment season restrictions.
(2) If the parent is enrolled but fails to make application to obtain coverage of the child, enroll the child under family coverage upon application by the child’s other parent, by the state agency administering the Medicaid program or the state agency administering 42 U.S.C. 651 to 669, the child support enforcement program.
(3) Not disenroll or eliminate coverage of a child unless the employer is provided satisfactory written evidence that:
(a) The court order is no longer in effect;
(b) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment; or
(c) The employer has eliminated family health coverage for all of its employees.
(4) Withhold from the employee’s compensation the employee’s share, if any, of premiums for health coverage and pay this amount to the insurance provider. [Formerly 659.324]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.840 - Requiring breathalyzer or lie detector test prohibited; exception for breathalyzer test.

(1) No person, or agent or representative of such person, shall require, as a condition for employment or continuation of employment, any person or employee to take a breathalyzer test, polygraph test or any other form of a so-called lie detector test. However, nothing in 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.
(2) For the purposes of this section, an individual is "under the influence of intoxicating liquor" when the individual’s blood alcohol content exceeds the amount prescribed in a collective bargaining agreement or the amount prescribed in the employer’s work rules if there is no applicable collective bargaining provision. [Formerly 659.225]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.845 - Fraudulently accepting advancement and refusing to work prohibited.

(1) No person shall, with intent to defraud, sign for and accept or receive transportation to or in the direction of a place of employment provided by or at the instance or expense of the proposed employer, or knowingly or with intent to defraud accept or receive the benefit of any other pecuniary advancements made by or at the instance or expense of the employer, as advances against wages for labor to be performed, and neglect to render service or perform labor or pay in money equal in value to such transportation or other benefits accepted or received.
(2) The failure of any person to render service, perform labor, or pay in money for such transportation or other benefits, shall be prima facie evidence of intent to defraud if:
(a) At or prior to the time of advancing such transportation or other benefits, the employer has delivered directly to such laborer or has filed in duplicate with the employment agency through which any such laborer is secured, one copy of which shall be delivered to such laborer, a written or printed statement setting forth the wages to be paid, the character of the work to be performed, and the living and working conditions; and
(b) The wages to be paid, the character of the work to be performed and the living and working conditions are as represented in such written or printed statement. [Formerly 659.250]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.850 - Discrimination in education prohibited; rules.

(1) As used in this section:
(a)(A) "Discrimination" means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability.
(B) "Discrimination" does not include enforcement of an otherwise valid dress code or policy, as long as the code or policy:
(i) Provides, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of the individual; and
(ii) Does not have a disproportionate adverse impact on members of a protected class to a greater extent than the policy impacts persons generally.
(b) "Race" includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles as defined in ORS 659A.001.
(2) A person may not be subjected to discrimination in any public elementary, secondary or community college education program or service, school or interschool activity or in any higher education program or service, school or interschool activity where the program, service, school or activity is financed in whole or in part by moneys appropriated by the Legislative Assembly.
(3) The State Board of Education and the Higher Education Coordinating Commission shall establish rules necessary to ensure compliance with subsection (2) of this section in the manner required by ORS chapter 183. [Formerly 659.150; 2007 c.100 §29; 2013 c.747 §182; 2013 c.768 §146; 2021 c.239 §3; 2021 c.367 §32]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.852 - Retaliation against student prohibited.

(1) As used in this section:
(a) "Education program" means an education program provided by:
(A) A school district;
(B) A public charter school;
(C) An education service district;
(D) A long term care or treatment facility, as described in ORS 343.961;
(E) The Youth Corrections Education Program;
(F) The Oregon School for the Deaf;
(G) An approved recovery school, as defined in ORS 336.680;
(H) A community college operated under ORS chapter 341;
(I) A public university listed in ORS 352.002;
(J) A career school;
(K) A private school; or
(L) A private college or university.
(b) "Retaliation" means suspension, expulsion, disenrollment, grade reduction, denial of academic or employment opportunities, exclusion from academic or extracurricular activities, denial of access to transcripts, threats, harassment or other adverse action that substantially disadvantages a student in academic, employment or extracurricular activities.
(2) A student of an education program may not be subjected to retaliation by an education program for the reason that the student has in good faith reported information that the student believes is evidence of a violation of a state or federal law, rule or regulation.
(3) A student, or a parent or guardian of a student under 18 years of age, who alleges a violation of subsection (2) of this section may bring a civil action under ORS 659A.885. [2015 c.434 §2; 2023 c.513 §19]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.855 - Sanctions for noncompliance with discrimination prohibitions.

(1) Any public elementary or secondary school or program determined by the Superintendent of Public Instruction to be in noncompliance with provisions of this section and ORS 332.505 (2), 659.850 and 659.852 shall be subject to appropriate sanctions, which may include withholding of all or part of state funding, as established by rule of the State Board of Education.
(2) Any public community college determined by the Higher Education Coordinating Commission to be in noncompliance with provisions of ORS 659.850 and 659.852 and this section shall be subject to appropriate sanctions, which may include withholding of all or part of state funding, as established by rule of the commission.
(3) Any public university listed in ORS 352.002 determined by the Higher Education Coordinating Commission to be in noncompliance with provisions of ORS 659.850 and 659.852 and this section shall be subject to appropriate sanctions, which may include withholding of all or part of state funding, as established by rule of the commission.
(4) Any public charter school determined by the sponsor of the school or the superintendent to be in noncompliance with the provisions of this section and ORS 332.505 (2), 659.850 and 659.852 shall be subject to appropriate sanctions, which may include the withholding of all or part of state funding by the sponsor or superintendent, as established by rule of the State Board of Education. [Formerly 659.155; 2011 c.637 §279; 2013 c.747 §169; 2013 c.768 §147; 2015 c.434 §3; 2023 c.243 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.860 - Enforcement of ORS 659.850.

(1) Any person claiming to be aggrieved by unlawful discrimination as prohibited by ORS 659.850 may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 to 30.300, damages, or both. The court may order such other relief as may be appropriate. Damages shall be $200 or actual damages, whichever is greater.
(2) The action authorized by this section shall be filed within one year of the filing of a grievance.
(3) An action may not be filed unless, within 180 days of the alleged discrimination, a grievance has been filed with the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS 352.002.
(4) An action may not be filed until 90 days after filing a grievance unless only injunctive relief is sought pursuant to ORCP 79. The right to temporary or preliminary injunctive relief shall be independent of the right to pursue any administrative remedy available to complainants pursuant to ORS 659.850.
(5) An action may not be filed if the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS 352.002 has obtained a conciliation agreement with the person filing the grievance or if a final determination of a grievance has been made except as provided in ORS 183.480.
(6) Notwithstanding the filing of a grievance, pursuant to subsection (3) of this section, any person seeking to maintain an action under this section shall also file a notice of claim within 180 days of the alleged discrimination as required by ORS 30.275.
(7) The court shall award reasonable attorney fees to a prevailing plaintiff in any action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.
(8) Nothing in this section is intended to reduce the obligations of the education agencies under this section and ORS 659.850 and 659.855. [Formerly 659.160; 2007 c.256 §1; 2013 c.768 §148; 2015 c.767 §207]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.865 - Discrimination for participation in sanctioned athletic events prohibited.

(1) No public or private organization or individual:
(a) Shall infringe in any manner on the right of an athlete to compete in or train for any athletic event duly sanctioned by the national governing body for that sport as recognized by the United States Olympic Committee.
(b) Shall levy any form of punishment or sanction against any athlete for participating in any athletic event duly sanctioned by the national governing body for that sport as recognized by the United States Olympic Committee.
(2) This section applies only to those sports under the jurisdiction of the United States Olympic Committee and known to be "Olympic" sports. [Formerly 659.175]
Note:
659.865 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 659 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.875 - Discrimination in issuance of benefits or coverage or payment for certain medical services prohibited.

(1) An individual may not, on the basis of actual or perceived race, color, national origin, sex, sexual orientation, gender identity, age or disability, be excluded from participation in, be denied the benefits of or otherwise be subjected to discrimination by any health benefit plan issued or delivered in this state, in the receipt of medical assistance as defined in ORS 414.025 or in the coverage of or payment for the services, drugs, devices, products and procedures described in ORS 743A.067.
(2) Violation of this section is an unlawful practice under ORS 659A.403.
(3) Nothing in this section shall be construed to invalidate or limit the rights, remedies, procedures or legal standards available to individuals under ORS 659A.820 or 659A.885 or to supersede state or local laws that provide additional protections against discrimination on any basis described in subsection (1) of this section. [2017 c.721 §7]
Note:
659.875 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 659 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659 - Miscellaneous Prohibitions Relating to Employment and Discrimination › Section 659.990 - Penalties.

(1) Violation of ORS 659.815 is a Class A misdemeanor.
(2) Violation of ORS 659.805 by any officer or agent of a corporation or any other person is a Class C misdemeanor.
(3) Violation of ORS 659.800 is a Class B misdemeanor.
(4) Violation of ORS 659.810 or 659.845 is a Class C misdemeanor.
(5) Any person who violates ORS 659.825, commits a Class A misdemeanor and, upon conviction, shall be required to make immediate restitution of delinquent payments to the fund or funds mentioned in ORS 659.825.
(6) Violation of ORS 659.840 is a Class A misdemeanor. [Subsection (6) enacted as last sentence of 1957 c.548 §1; subsection (7) enacted as 1963 c.249 §2; 1973 c.140 §2; 2001 c.621 §64; 2011 c.597 §273]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.003 - Purpose of ORS chapter 659A.

The purpose of this chapter is to encourage the fullest utilization of the available workforce by removing arbitrary standards of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability as a barrier to employment of the inhabitants of this state, and to ensure the human dignity of all people within this state and protect their health, safety and morals from the consequences of intergroup hostility, tensions and practices of unlawful discrimination of any kind based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability or familial status. To accomplish this purpose, the Legislative Assembly intends by this chapter to provide:
(1) A program of public education calculated to eliminate attitudes upon which practices of unlawful discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability or familial status are based.
(2) An adequate remedy for persons aggrieved by certain acts of unlawful discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, disability or familial status, or unreasonable acts of discrimination in employment based upon age.
(3) An adequate administrative machinery for the orderly resolution of complaints of unlawful discrimination through a procedure involving investigation, conference, conciliation and persuasion, to encourage the use in good faith of the machinery by all parties to a complaint of unlawful discrimination and to discourage unilateral action that makes moot the outcome of final administrative or judicial determination on the merits of the complaint. [Formerly 659.022; 2005 c.22 §467; 2007 c.100 §2; 2007 c.903 §1a; 2021 c.367 §33]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.004 - Short title.

The amendments to ORS 10.030, 20.107, 30.860, 93.270, 109.035, 166.155, 166.165, 174.100, 179.750, 192.630, 240.306, 338.125, 353.100, 418.648, 418.925, 421.352, 430.550, 443.739, 458.505, 659.850, 659A.003, 659A.006, 659A.030, 659A.403, 659A.406, 659A.409, 659A.421, 659A.805, 659A.815, 659A.885, 660.139 and 744.353 by sections 1 to 31, 33 and 34, chapter 100, Oregon Laws 2007, and the repeal of ORS 236.380 by section 32, chapter 100, Oregon Laws 2007, may be cited as the Oregon Equality Act. [2007 c.100 §42; 2007 c.903 §17]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.009 - Declaration of policy against discrimination in employment because of age.

It is declared to be the public policy of Oregon that the available workforce should be utilized to the fullest extent possible. To this end, the abilities of an individual, and not any arbitrary standards that discriminate against an individual solely because of age, should be the measure of the individual’s fitness and qualification for employment. [Formerly 659.015; 2005 c.22 §468]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.012 - State agencies to carry out policy against discrimination in employment; evaluation of supervisors; affirmative action reports.

(1) To achieve the public policy of the State of Oregon for persons in the state to attain employment and advancement without discrimination because of race, religion, color, sex, marital status, national origin, disability or age, every state agency shall be required to include in the evaluation of all management personnel the manager’s or supervisor’s effectiveness in achieving affirmative action objectives as a key consideration of the manager’s or supervisor’s performance.
(2) To achieve the public policy of the State of Oregon for persons in the state to attain employment and advancement without discrimination because of race, religion, color, sex, marital status, national origin, age or disability, every state agency shall be required to present the affirmative action objectives and performance of that agency of the current biennium and those for the following biennium to the Governor of the State of Oregon and to the Legislative Assembly. These plans shall be reviewed as part of the budget review process. [Formerly 659.025]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.015 - Affirmative action reports to include information on contracts to minority businesses.

In carrying out the policy of affirmative action, every state agency shall include in its affirmative action reports under ORS 659A.012 information concerning its awards of construction, service and personal service contracts awarded to minority businesses. [Formerly 659.027]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.029 - "Because of sex" defined for ORS 659A.030.

For purposes of ORS 659A.030, the phrase "because of sex" includes, but is not limited to, because of pregnancy, childbirth and related medical conditions or occurrences. An individual affected by the individual’s pregnancy, childbirth or related medical conditions or occurrences shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as any other person not so affected but similar in ability or inability to work by reason of physical condition, and nothing in this section shall be interpreted to permit otherwise. [Formerly 659.029; 2023 c.228 §47]
Note:
Section 59 (5), chapter 228, Oregon Laws 2023, provides:
Sec. 59.
(5) The amendments to ORS 659A.029 by section 47 of this 2023 Act apply to unlawful employment discrimination occurring before, on or after the effective date of this 2023 Act [July 13, 2023]. [2023 c.228 §59(5)]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.036 - Short title.

ORS 659A.033 shall be known and may be cited as the "Oregon Workplace Religious Freedom Act." [2009 c.744 §5]
Note:
659A.036 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 659A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.040 - Discrimination against worker applying for or inquiring about workers’ compensation benefits prohibited.

It is an unlawful employment practice for any person acting on behalf of an employer to discriminate against a worker with respect to hire or tenure or any term or condition of employment because the worker has:
(1) Applied for or inquired about benefits under ORS chapter 656;
(2) Invoked or utilized the procedures provided for in ORS chapter 656; or
(3) Given testimony under the provisions of ORS chapter 656. [2001 c.621 §32; 2022 c.6 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.046 - Reemployment of injured worker in other available and suitable work; termination of right to reemployment; effect of collective bargaining agreement.

(1) A worker who has sustained a compensable injury and is disabled from performing the duties of the worker’s former regular employment shall, upon demand, be reemployed by the worker’s employer at employment which is available and suitable.
(2) A certificate of the worker’s attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 that the worker is able to perform described types of work shall be prima facie evidence of such ability.
(3) Notwithstanding subsection (1) of this section, the right to reemployment under this section terminates when whichever of the following events first occurs:
(a) The worker cannot return to reemployment at any position with the employer either by determination of the attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 or upon appeal of that determination, by determination of a medical arbiter or panel of medical arbiters pursuant to ORS chapter 656.
(b) The worker is eligible and participates in vocational assistance under ORS 656.340.
(c) The worker accepts suitable employment with another employer after becoming medically stationary.
(d) The worker refuses a bona fide offer from the employer of light duty or modified employment that is suitable prior to becoming medically stationary.
(e) Seven days elapse from the date that the worker is notified by the insurer or self-insured employer by certified mail that the worker’s attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 has released the worker for reemployment unless the worker requests reemployment within that time period.
(f) Three years elapse from the date of injury.
(4) Such right of reemployment shall be subject to the provisions for seniority rights and other employment restrictions contained in a valid collective bargaining agreement between the employer and a representative of the employer’s employees.
(5) Notwithstanding ORS 659A.165, a worker who refuses an offer of employment under subsection (3)(d) of this section and who otherwise is entitled to family leave under ORS 659A.150 to 659A.186:
(a) Automatically commences a period of family leave under ORS 659A.150 to 659A.186 upon refusing the offer of employment; and
(b) Need not give additional written or oral notice to the employer that the employee is commencing a period of family leave.
(6) Any violation of this section is an unlawful employment practice.
(7) This section applies only to employers who employ six or more persons. [Formerly 659.420; 2003 c.811 §§23,24; 2007 c.365 §12; 2007 c.633 §§6,7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.049 - Rights of reinstatement and reemployment protected.

The rights of reinstatement afforded by ORS 659A.043 and 659A.046 shall not be forfeited if the worker refuses to return to the worker’s regular or other offered employment without release to such employment by the worker’s attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245. [Formerly 659.417; 2003 c.811 §§25,26; 2007 c.365 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.052 - Reemployment rights of injured state workers; rules.

(1) In addition to the rights provided to injured workers under ORS 659A.043 and 659A.046, if all permanent restrictions of an injured worker are known and:
(a) The injured worker was employed at the time of injury by any agency in the legislative department of the government of this state, the injured worker shall have the right to reinstatement or reemployment at any available and suitable position in another agency in the legislative department.
(b) The injured worker was employed at the time of injury by any agency in the judicial department of the government of this state, the injured worker shall have the right to reinstatement or reemployment at any available and suitable position in another agency in the judicial department.
(c) The injured worker was employed at the time of injury by any agency of the executive or administrative department of the government of this state, the injured worker shall have the right to reinstatement or reemployment at any available and suitable position in another agency of the executive or administrative department.
(2) Notwithstanding ORS 659A.043 and 659A.046, an injured worker referred to in subsection (1) of this section has preference for entry level and light duty assignments with agencies described in subsection (1) of this section. The legislative and judicial departments of the government of this state may adopt rules to define entry level and light duty assignments. The Administrator of the Personnel Division by rule shall adopt a process to identify entry level and light duty assignments within the executive or administrative department of the government of this state.
(3) In accordance with any applicable provision of ORS chapter 240, the Administrator of the Personnel Division shall compel compliance with this section and ORS 659A.043 and 659A.046 by any agency of the executive or administrative department of the government of this state. [Formerly 659.412; 2005 c.22 §471; 2009 c.315 §1; 2015 c.232 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.060 - Definitions for ORS 659A.060 to 659A.069.

As used in ORS 659A.060 to 659A.069, unless the context requires otherwise:
(1) "Group health benefits" means that form of health benefits provided by the State of Oregon to cover groups of employees, with or without one or more members of their families or one or more dependents. The group health benefits which are continued under ORS 659A.060 to 659A.069 shall be the same as the worker and the worker’s dependents had immediately prior to the injury or illness, and includes, but is not limited to, medical care, dental care, vision care or prescription drug coverage, or any combination thereof, that the worker had elected prior to the injury or illness. If the plan elected prior to the injury or illness is no longer available, the worker shall have the same plan selection rights as do active employees.
(2) "Worker" means any state employee who has filed a workers’ compensation claim pursuant to ORS chapter 656. [Formerly 659.450]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.066 - Worker may continue benefits after employer’s obligation ends.

If the State of Oregon’s obligation to continue paying premiums for health benefits under ORS 659A.063 expires or terminates, the worker may continue coverage by paying the entire premium pursuant to ORS 743B.342. [Formerly 659.460]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.069 - Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited.

It is an unlawful employment practice for the State of Oregon to discriminate against a worker with respect to hire or tenure or any term or condition of employment because the worker has applied for benefits or invoked or utilized the procedures provided for in ORS 659A.060 to 659A.069 or has given testimony under the provisions of those laws. [2001 c.621 §34]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.088 - Violation of ORS 659A.086 as unlawful employment practice; complaint; remedies and penalties.

(1) Any violation of ORS 659A.086 (1) to (3) by an employer is an unlawful employment practice.
(2) Complaints alleging a violation of ORS 659A.086 (1) to (3) may be filed by employees with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. The commissioner shall enforce ORS 659A.086 in the manner provided in ORS chapter 659A regarding other unlawful employment practices.
(3) Violation of ORS 659A.086 (1) to (3) subjects the violator to the same civil remedies and penalties as provided in ORS chapter 659A. [Formerly 399.235]
Note:
See note under 659A.086.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.089 - Notification to Director of Veterans’ Affairs.

(1) As used in this section, "uniformed service" means the Armed Forces of the United States, the Army National Guard or the Air National Guard when the member is engaged in active duty for training, inactive duty for training or full-time National Guard duty, the commissioned corps of the United States Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency.
(2) Subject to subsection (3) of this section, the Commissioner of the Bureau of Labor and Industries shall notify the Director of Veterans’ Affairs within 30 days of receipt of written information from, or the filing of a complaint for violation of ORS 659A.082 or 659A.086 by, a member or veteran of a uniformed service.
(3) The commissioner shall notify the director as required by subsection (2) of this section only if authorized to do so by the member or veteran of a uniformed service who submitted the written information or filed the complaint. [2012 c.44 §1]
Note:
See note under 659A.086.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.090 - Definitions for ORS 659A.090 to 659A.099.

As used in ORS 659A.090 to 659A.099:
(1) Notwithstanding ORS 659A.001, "employee" means an individual who performs services for compensation for an employer for an average of at least 20 hours per week. "Employee" includes all individuals employed at any site owned or operated by an employer, but does not include independent contractors.
(2) Notwithstanding ORS 659A.001, "employer" means:
(a) A person, firm, corporation, partnership, legal representative or other business entity that engages in any business, industry, profession or activity in this state and that employs 25 or more persons in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which leave is taken under ORS 659A.093 or the year immediately preceding the year in which the leave is to be taken;
(b) The state, and a department, agency, board or commission of the state; and
(c) A local government, including, but not limited to, a county, city, town, municipal corporation, independent public corporation or political subdivision of the state.
(3) "Period of military conflict" means a period of war:
(a) Declared by the United States Congress;
(b) Declared by executive order of the President of the United States; or
(c) In which a reserve component of the Armed Forces of the United States is ordered to active duty pursuant to Title 32 of the United States Code or section 12301 or 12302 of Title 10 of the United States Code. [2009 c.559 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.093 - Employer required to provide leave; job protection; benefits; notice to employer; use of accrued leave; rules.

(1) During a period of military conflict, an employee who is a spouse of a member of the Armed Forces of the United States, the National Guard or the military reserve forces of the United States who has been notified of an impending call or order to active duty or who has been deployed is entitled to a total of 14 days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment and when the military spouse is on leave from deployment.
(2) An employee who takes leave authorized under this section is entitled to be restored to a position of employment and to the continuation of benefits as provided in ORS 659A.171.
(3) An employee who intends to take leave as authorized under this section must provide the employer with notice of the intention to take leave within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment.
(4) An employee who takes leave authorized under this section may elect to substitute any accrued leave to which the employee is entitled for any part of the leave provided under this section.
(5) Leave taken under this section shall be included in the total amount of leave authorized under ORS 659A.162.
(6) The Bureau of Labor and Industries may adopt rules necessary for the implementation and administration of ORS 659A.090 to 659A.099. [2009 c.559 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.096 - Denial of leave, retaliation and discrimination prohibited.

It is an unlawful practice for an employer to:
(1) Deny military family leave to an employee who is entitled to such leave under ORS 659A.090 to 659A.099; or
(2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of ORS 659A.090 to 659A.099, submitted a request for military family leave or invoked any provision of ORS 659A.090 to 659A.099. [2009 c.559 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.099 - Short title.

ORS 659A.090 to 659A.099 may be cited as the Oregon Military Family Leave Act. [2009 c.559 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.100

[Formerly 659.400; 2003 c.254 §1; 2007 c.70 §289; 2009 c.508 §3; renumbered 659A.122 in 2009]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.103 - Policy.

(1) It is declared to be the public policy of Oregon to guarantee individuals the fullest possible participation in the social and economic life of the state, to engage in remunerative employment, to use and enjoy places of public accommodation, resort or amusement, to participate in and receive the benefits of the services, programs and activities of state government and to secure housing accommodations of their choice, without discrimination on the basis of disability.
(2) The guarantees expressed in subsection (1) of this section are hereby declared to be the policy of the State of Oregon to protect, and ORS 659A.103 to 659A.145 shall be construed to effectuate such policy. [Formerly 659.405; 2003 c.254 §2; 2007 c.70 §290; 2009 c.508 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.106 - Employers to whom ORS 659A.112 to 659A.139 apply.

The requirements of ORS 659A.112 to 659A.139 apply only to employers who employ six or more persons. The requirements of ORS 659A.112 to 659A.139 do not apply to the Oregon National Guard. [2001 c.621 §23; 2011 c.210 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.109 - Discrimination against individual for using procedures in ORS 659A.103 to 659A.145 prohibited.

It is an unlawful employment practice for an employer to discriminate against an individual with respect to hire or tenure or any term or condition of employment because the individual has applied for benefits or invoked or used the procedures provided for in ORS 659A.103 to 659A.145 or has given testimony under the provisions of ORS 659A.103 to 659A.145. [Formerly 659.410; 2009 c.508 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.115 - Qualification for position.

For the purposes of ORS 659A.112, an individual is qualified for a position if the individual, with or without reasonable accommodation, can perform the essential functions of the position. For the purpose of determining the essential functions of the position, due consideration shall be given to the employer’s determination as to the essential functions of a position. If an employer has prepared a written description before advertising or interviewing applicants for a job, the position description shall be considered evidence of the essential functions of the job. [Formerly 659.437; 2007 c.70 §292; 2009 c.508 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.118 - Reasonable accommodation.

(1) For the purposes of ORS 659A.112, reasonable accommodation may include:
(a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.
(b) Job restructuring, part-time or modified work schedules or reassignment to a vacant position.
(c) Acquisition or modification of equipment or devices.
(d) Appropriate adjustment or modification of examinations, training materials or policies.
(e) The provision of qualified readers or interpreters.
(2) An employer is not required to provide a reasonable accommodation to an individual who satisfies the criteria for being an individual with a disability for the purposes of ORS 659A.103 to 659A.145 solely because the individual meets the criterion described in ORS 659A.104 (1)(c). [Formerly 659.439; 2007 c.70 §293; 2009 c.508 §8; 2019 c.71 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.121 - Undue hardship.

(1) For the purposes of ORS 659A.112, an accommodation imposes an undue hardship on the operation of the business of the employer if the accommodation requires significant difficulty or expense.
(2) 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 its employees and the number, type and location of the employer’s facilities.
(d) The type of 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 in question to the employer. [Formerly 659.440]