reglab/statecodes huggingface dataset:
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.122 - Definitions for ORS 659A.124, 659A.127 and 659A.130.

As used in this section and ORS 659A.124, 659A.127 and 659A.130:
(1) "Drug" means a controlled substance, as classified in schedules I through V of section 202 of the federal Controlled Substances Act, as amended, and as modified under ORS 475.035.
(2) "Illegal use of drugs" means any use of drugs, the possession or distribution of which is unlawful under state law or under the federal Controlled Substances Act, as amended, but does not include the use of a drug taken under supervision of a licensed health care professional, or other uses authorized under the Controlled Substances Act or under other provisions of state or federal law. [Formerly 659A.100]
Note:
659A.122 was made a part of 659A.103 to 659A.145 by legislative action but was not added to any smaller series therein. 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.124 - Illegal use of drugs.

(1) Subject to the provisions of subsection (2) of this section, the protections of ORS 659A.112 do not apply to any job applicant or employee who is currently engaging in the illegal use of drugs if the employer takes action based on that conduct.
(2) The protections of ORS 659A.112 apply to the following individuals:
(a) An individual who has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs.
(b) An individual who is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs.
(c) An individual who is erroneously regarded as engaging in the illegal use of drugs.
(3) An employer may adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subsection (2)(a) or (b) of this section is no longer engaging in the illegal use of drugs. [Formerly 659.442; 2009 c.508 §9]
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.127 - Permitted employer action.

ORS 659A.112 to 659A.139 do not affect the ability of an employer to do any of the following:
(1) An employer may prohibit the transfer, offering, sale, purchase or illegal use of drugs at the workplace by any employee. An employer may prohibit possession of drugs except for drugs prescribed by a licensed health care professional.
(2) An employer may prohibit the use of alcohol at the workplace by any employee.
(3) An employer may require that employees not be under the influence of alcohol or illegally used drugs at the workplace.
(4) An employer may require that employees behave in conformance with the requirements established under the federal Drug-Free Workplace Act of 1988.
(5) An employer may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment, job performance and behavior to which the employer holds other employees, even if the unsatisfactory performance or behavior is related to the alcoholism of or the illegal use of drugs by the employee.
(6) An employer may require that employees comply with all federal and state statutes and regulations regarding alcohol and the illegal use of drugs. [Formerly 659.444]
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.130 - Conditions that do not constitute impairment.

For the purposes of ORS 659A.112 to 659A.139, the following conditions are not physical or mental impairments, and an individual with one or more of the following conditions does not have a disability for the purposes of ORS 659A.112 to 659A.139 solely by reason of that condition:
(1) Pedophilia, exhibitionism, voyeurism or other sexual behavior disorders.
(2) Compulsive gambling, kleptomania or pyromania.
(3) Psychoactive substance use disorders resulting from current illegal use of drugs. [Formerly 659.446; 2007 c.70 §294; 2009 c.508 §10; 2019 c.71 §2; 2021 c.367 §36]
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.133 - Medical examinations and inquiries of job applicants.

(1) Except as provided in this section, an employer violates ORS 659A.112 if the employer conducts a medical examination of a job applicant, makes inquiries of a job applicant as to whether the applicant has a disability or makes inquiries as to the nature or severity of any disability of the applicant.
(2) An employer may make inquiries into the ability of a job applicant to perform job-related functions.
(3) An employer may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant, and condition the employment on the results of the examination, if the following conditions are met:
(a) All individuals entering the employ of the employer must be subject to the examination regardless of disability.
(b) Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except as follows:
(A) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
(B) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment.
(C) Officers and employees of the Bureau of Labor and Industries investigating compliance with ORS 659A.112 to 659A.139 shall be provided relevant information on request.
(c) The results of an examination authorized under this subsection may only be used in the manner provided for in ORS 659A.112 to 659A.139. [Formerly 659.447; 2007 c.70 §295; 2009 c.508 §11]
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.136 - Medical examinations and inquiries of employees.

(1) Except as provided in this section, an employer may not require that an employee submit to a medical examination, may not make inquiries of an employee as to whether the employee has a disability, and may not make inquiries of an employee as to the nature or severity of any disability of the employee, unless the examination or inquiry is shown to be job-related and consistent with business necessity.
(2) An employer may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. An employer may make inquiries into the ability of an employee to perform job-related functions.
(3) Information obtained under subsection (2) of this section relating to the medical condition or history of any employee is subject to the same restrictions applicable to information acquired from medical examinations authorized under ORS 659A.133. [Formerly 659.448; 2007 c.70 §296; 2009 c.508 §12]
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.139 - Construction of ORS 659A.103 to 659A.145.

(1) ORS 659A.103 to 659A.144 shall be construed to the extent possible in a manner that is consistent with any similar provisions of the federal Americans with Disabilities Act of 1990, as amended by the federal ADA Amendments Act of 2008 and as otherwise amended.
(2) The determination of whether an individual has a disability as provided in ORS 659A.104 (1) shall be construed in favor of broad coverage of individuals under ORS 659A.103 to 659A.145, to the maximum extent permitted by the terms of ORS 659A.103 to 659A.145. [Formerly 659.449; 2009 c.508 §13; 2013 c.740 §12]
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.144 - Required accommodations in transient lodging; liability; limitations on applicability.

(1) As used in this section:
(a) "Lift system" means a system that:
(A) Is used to transfer a person to a bed, toilet, shower or bathtub, but does not provide the person with independent mobility;
(B) May be a manual lift, an electronic lift or a lift that uses a track system; and
(C) May require operation by an assistant.
(b) "Transient lodging" means a unit consisting of a room or suite of rooms that:
(A) Is not occupied as a principal residence;
(B) Is typically occupied for periods of fewer than 30 consecutive days; and
(C) Includes services that are part of the regularly charged cost of occupancy, including maid and linen services.
(2) A transient lodging provider shall ensure that at least one room or suite of rooms of the transient lodging facility has a lift system or multiple lift systems that enable a person with a disability to access the following in the room or suite of rooms occupied by the person with a disability:
(a) A bed;
(b) A toilet; and
(c) A shower or bathtub.
(3) A lift system shall be made available by a transient lodging provider at no cost to a person with a disability, but the person is responsible for providing:
(a) The person’s own sling or other personal equipment that is required to use the lift system; and
(b) Any assistant necessary for the operation of the lift system.
(4) A transient lodging provider is not liable for any injury caused by the use of a lift system, unless the injury is caused by the gross negligence or recklessness of the provider in relation to the provision and maintenance of the lift system.
(5)(a) The requirements of this section apply only to transient lodging facilities that:
(A) Consist of 175 or more rooms or suites of rooms; and
(B) Are newly constructed or that are altered in a manner that affects or could affect the usability of the facility in a manner that requires the facility to be in compliance with the accessibility standards established by the Americans with Disabilities Act of 1990.
(b) For the purpose of this subsection, the usability of a facility is not affected by cosmetic changes, including, but not limited to, changes in:
(A) Floor coverings;
(B) Wall coverings;
(C) Soft or hard surfaces, including upholstery, drapery, window treatments, countertops, vanities and cabinetry; and
(D) Furnishings, including furniture or fixtures.
(6) Any violation of this section is an unlawful practice. [2009 c.841 §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.146 - Reasonable accommodation.

For purposes of ORS 659A.147, reasonable accommodation may include, but need not be limited to:
(1) Acquisition or modification of equipment or devices;
(2) More frequent or longer break periods or periodic rest;
(3) Assistance with manual labor; or
(4) Modification of work schedules or job assignments. [2019 c.139 §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.148 - Employers to whom provisions relating to reasonable accommodation apply.

The requirements of ORS 659A.147 apply only to employers who employ six or more persons. [2019 c.139 §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.153 - Covered employers.

(1) The requirements of ORS 659A.150 to 659A.186 apply only to employers who employ 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 the leave is to be taken or in the year immediately preceding the year in which the leave is to be taken.
(2) The requirements of ORS 659A.150 to 659A.186 do not apply to any employer who offers to an eligible employee a nondiscriminatory cafeteria plan, as defined by section 125 of the Internal Revenue Code of 1986, providing, as one of its options, employee leave at least as generous as the leave required by ORS 659A.150 to 659A.186. [Formerly 659.472]
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.156 - Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked.

(1) All employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.159 (1)(b) to (e) except:
(a) An employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence.
(b) An employee who worked an average of fewer than 25 hours per week for the covered employer during the 180 days immediately preceding the date on which the family leave would commence.
(2) All employees of a covered employer are eligible to take leave for the purpose specified in ORS 659A.159 (1)(a) except an employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence.
(3) Notwithstanding subsections (1) and (2) of this section, all employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.159 (1)(a) to (e) during a period of time covered by a public health emergency except:
(a) An employee who worked for the covered employer for fewer than 30 days immediately before the date on which the family leave would commence; or
(b) An employee who worked for the covered employer for an average of fewer than 25 hours per week in the 30 days immediately before the date on which the family leave would commence.
(4)(a) Notwithstanding subsections (1) and (2) of this section, an employee of a covered employer is eligible to take leave for one of the purposes specified in ORS 659A.159 (1)(a) to (e) if the employee:
(A)(i) Separates from employment with the covered employer, irrespective of any reason;
(ii) Is eligible to take leave under subsection (1) or (2) of this section at the time the employee separates; and
(iii) Is reemployed by the covered employer within 180 days of separation from employment; or
(B)(i) Is eligible to take leave under subsection (1) or (2) of this section at the beginning of a temporary cessation of scheduled hours of 180 days or less; and
(ii) Returns to work at the end of the temporary cessation of scheduled hours of 180 days or less.
(b) Any family leave taken by the employee within any one-year period continues to count against the length of time of family leave the employee is entitled under ORS 659A.162.
(c) The amount of time that an employee is deemed to have worked for a covered employer prior to a break in service due to a separation from employment or a temporary cessation of scheduled hours shall be restored to the employee when the employee is reemployed by the employer within 180 days of separation from employment or when the employee returns to work at the end of the temporary cessation of scheduled hours of 180 days or less. [Formerly 659.474; 2013 c.384 §2; 2021 c.182 §2; 2023 c.9 §48]
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.157 - Determining family member by reason of affinity.

In order to determine whether an individual qualifies as a family member by reason of affinity, as that term is used in ORS 659A.150, consideration shall be given to whether there exists a significant personal bond attributable to factors, established by the Commissioner of the Bureau of Labor and Industries by rule, that, when examined in total, resemble a family relationship. [2023 c.203 §4]
Note:
Sections 1 and 5, chapter 203, Oregon Laws 2023, provide:
Sec. 1.
Sections 2 [659A.164], 4 [659A.157] and 5 [chapter 203, Oregon Laws 2023] are added to and made a part of ORS 659A.150 to 659A.186. [2023 c.203 §1]
Sec. 5.
(1) The Commissioner of the Bureau of Labor and Industries shall adopt rules necessary to implement and administer section 4 of this 2023 Act [659A.157]. The rules may include rules for developing and using an attestation form by which an employee may attest to the affinity factors described in section 4 of this 2023 Act. Any rules adopted under this section relating to the factors described in section 4 of this 2023 Act shall be consistent with the rules established by the Employment Department under section 10 of this 2023 Act [657B.023].
(2) The Commissioner of the Bureau of Labor and Industries shall adopt rules under this section in time for the rules to become operative no later than September 3, 2023. [2023 c.203 §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.159 - Purposes for which family leave may be taken.

(1) Family leave under ORS 659A.150 to 659A.186 may be taken by an eligible employee for any of the following purposes:
(a) To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability.
(b) To care for a family member with a serious health condition.
(c) To recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee’s regular position.
(d) To care for a child of the employee who is suffering from an illness, injury or condition that is not a serious health condition but that requires home care or who requires home care due to the closure of the child’s school or child care provider as a result of a public health emergency.
(e) To deal with the death of a family member by:
(A) Attending the funeral or alternative to a funeral of the family member;
(B) Making arrangements necessitated by the death of the family member; or
(C) Grieving the death of the family member.
(2)(a) Leave under subsection (1)(a) of this section must be completed within 12 months after birth or placement of the child, and an eligible employee is not entitled to any period of family leave under subsection (1)(a) of this section after the expiration of 12 months after birth or placement of the child.
(b) Leave under subsection (1)(e) of this section must be completed within 60 days of the date on which the eligible employee receives notice of the death of a family member. [Formerly 659.476; 2013 c.384 §1; 2021 c.182 §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.164 - Meaning of "one-year period" for purposes of determining amount of leave available to eligible employee; rules.

(1) For purposes of determining the amount of family leave that an eligible employee is entitled to take within a given one-year period, "one-year period" means a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave commences.
(2) The Commissioner of the Bureau of Labor and Industries may adopt any rules necessary to implement and administer this section. [2023 c.203 §2; 2023 c.203 §3]
Note:
The amendments to 659A.164 by section 3, chapter 203, Oregon Laws 2023, become operative July 1, 2024. See section 15, chapter 203, Oregon Laws 2023. The text that is operative until July 1, 2024, is set forth for the user’s convenience.
(1) For purposes of determining the amount of family leave that an eligible employee is entitled to take within a given one-year period, "one-year period" means:
(a) A period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave commences; or
(b) A consecutive 12-month period, such as a calendar year commencing on January 1 and ending on December 31 following, a fiscal year, the 12-month period that ends on the date that the employee uses any family leave or the 12-month period that begins on the date on which an employee commences a period of family leave.
(2) The Commissioner of the Bureau of Labor and Industries may adopt any rules necessary to implement and administer this section.
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.165 - Notice to employer.

(1) Except as provided in subsection (2) of this section, a covered employer may require an eligible employee to give the employer written notice at least 30 days before commencing family leave. The employer may require the employee to include an explanation of the need for the leave in the notice.
(2) An eligible employee may commence taking family leave without prior notice under the following circumstances:
(a) An unexpected serious health condition of an employee or family member of an employee;
(b) An unexpected illness, injury or condition of a child of the employee that requires home care;
(c) A premature birth, unexpected adoption or unexpected foster placement; or
(d) The death of a family member.
(3) If an employee commences leave without prior notice under subsection (2) of this section, the employee must give oral notice to the employer within 24 hours of the commencement of the leave, and must provide the written notice required by subsection (1) of this section within three days after the employee returns to work. The oral notice required by this subsection may be given by any other person on behalf of the employee taking the leave.
(4) Except as provided in this subsection, if the employee fails to give notice as required by subsections (1) and (3) of this section, the employer may reduce the total period of family leave authorized by ORS 659A.162 by three weeks, and the employee may be subject to disciplinary action under a uniformly applied policy or practice of the employer. A reduction of family leave under this subsection may not limit leave described in ORS 659A.159 (1)(e). [Formerly 659.480; 2013 c.384 §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.174 - Use of paid leave.

(1) Except as provided in subsection (2) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, family leave is not required to be granted with pay.
(2) An employee taking family leave is entitled to use any paid accrued sick leave or any paid accrued vacation leave during the period of family leave, or to use any other paid leave that is offered by the employer in lieu of vacation leave during the period of family leave.
(3) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement, the employer may determine the particular order in which accrued leave is to be used in circumstances in which more than one type of accrued leave is available to the employee. [Formerly 659.486; 2007 c.635 §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.177 - Special rules for teachers.

(1) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher requests leave for one of the purposes specified in ORS 659A.159 (1)(b) or (c), the need for the leave is foreseeable, and the employee will be on leave for more than 20 percent of the total number of working days in the period during which the leave would extend, the employer of the teacher may require that the employee elect one of the two following options:
(a) The employee may elect to take leave for a period or periods of a particular duration, not to exceed the duration of the anticipated medical treatment; or
(b) The employee may elect to transfer temporarily to an available alternative position that better accommodates recurring periods of leave than the regular position of the employee. The teacher must be qualified for the alternative position, and the position must have pay and benefits that are equivalent to the pay and benefits of the employee’s regular position.
(2) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for the purpose specified in ORS 659A.159 (1)(c) more than five weeks before the end of an academic term, the employer of the teacher may require that the employee continue on family leave until the end of the term if:
(a) The leave is of at least three weeks’ duration; and
(b) The employee’s return to employment would occur during the three-week period before the end of the term.
(3) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for one of the purposes specified in ORS 659A.159 (1)(a) or (b) during the five weeks before the end of an academic term, the employer of the teacher may require that the employee continue on family leave until the end of the term if:
(a) The leave is of at least two weeks’ duration; and
(b) The employee’s return to employment would occur during the two-week period before the end of the term.
(4) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for one of the purposes specified in ORS 659A.159 (1)(a), (b) or (e) during the three-week period before the end of the term, and the duration of the leave is greater than five working days, the employer of the teacher may require that the employee continue on family leave until the end of the term.
(5) The provisions of this section apply only to an employee who is employed principally in an instructional capacity by a public kindergarten, elementary school, secondary school or education service district. [Formerly 659.488; 2013 c.384 §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.180 - Postings by employer.

A covered employer shall post a notice of the requirements of ORS 659A.150 to 659A.186 in every establishment of the employer in which employees are employed. The Bureau of Labor and Industries shall provide notices to covered employers meeting the requirements of this section. [Formerly 659.490]
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.183 - Denying family leave to eligible employee prohibited; retaliation prohibited.

It is an unlawful practice for a covered employer to:
(1) Deny family leave to which an eligible employee is entitled under ORS 659A.150 to 659A.186; 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.150 to 659A.186, submitted a request for family leave or invoked any provision of ORS 659A.150 to 659A.186. [Formerly 659.492; 2007 c.777 §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.186 - Exclusivity of provisions; construction; concurrent leave.

(1) ORS 659A.150 to 659A.186 do not limit any right of an employee to any leave that is similar to the leave described in ORS 659A.159 (1) and to which the employee may be entitled under any agreement between the employer and the employee, collective bargaining agreement or employer policy.
(2) ORS 659A.150 to 659A.186 shall be construed to the extent possible in a manner that is consistent with any similar provisions of the federal Family and Medical Leave Act of 1993. If family leave taken under ORS 659A.150 to 659A.186 qualifies as protected leave pursuant to the federal Family and Medical Leave Act of 1993 (P.L. 103-3) or qualifies as family leave or medical leave taken pursuant to ORS chapter 657B, family leave taken under ORS 659A.150 to 659A.186 must be taken concurrently with, and not in addition to, any leave taken under the federal Family and Medical Leave Act of 1993 (P.L. 103-3) and under ORS chapter 657B. [Formerly 659.494; 2013 c.384 §6; 2023 c.203 §8]
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.190 - Definitions for ORS 659A.190 to 659A.198.

As used in ORS 659A.190 to 659A.198:
(1) "Covered employer" means an employer who employs six 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 an eligible employee takes leave to attend a criminal proceeding or in the year immediately preceding the year in which an eligible employee takes leave to attend a criminal proceeding.
(2) "Crime victim" means a person who has suffered financial, social, psychological or physical harm as a result of a person felony, as defined in the rules of the Oregon Criminal Justice Commission, and includes a member of the immediate family of the person.
(3) "Criminal proceeding" has the meaning given that term in ORS 131.005 and includes a juvenile proceeding under ORS chapter 419C or any other proceeding at which a crime victim has a right to be present.
(4) "Eligible employee" means an employee who:
(a) Worked an average of more than 25 hours per week for a covered employer for at least 180 days immediately before the date the employee takes leave to attend a criminal proceeding; and
(b) Is a crime victim.
(5) "Immediate family" means spouse, domestic partner, father, mother, sibling, child, stepchild and grandparent. [2003 c.603 §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.192 - Leave to attend criminal proceeding; undue hardship on employer; scheduling criminal proceeding.

(1) As used in this section, "undue hardship" means a significant difficulty and expense to a business and includes consideration of the size of the covered employer’s business and the covered employer’s critical need for the employee.
(2) Except as provided in subsection (3) of this section, a covered employer shall allow an eligible employee to take leave from employment to attend a criminal proceeding.
(3) A covered employer may limit the amount of leave an eligible employee takes to attend a criminal proceeding if the employee’s leave creates an undue hardship to the covered employer’s business.
(4) An eligible employee may notify the prosecuting attorney if taking leave to attend a criminal proceeding would cause undue hardship to the covered employer. The prosecuting attorney shall then notify the court or hearing body. The court or hearing body must take the schedule of the employee into consideration when scheduling a criminal proceeding. [2003 c.603 §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.194 - Denying leave to employee prohibited.

A covered employer who denies leave to an eligible employee or who discharges, threatens to discharge, intimidates or coerces because the employee takes leave to attend a criminal proceeding commits an unlawful employment practice. [2003 c.603 §4; 2011 c.210 §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.196 - Notice to employer; records confidential.

(1) An eligible employee shall give the covered employer:
(a) Reasonable notice of the employee’s intention to take leave to attend a criminal proceeding; and
(b) Copies of any notices of scheduled criminal proceedings that the employee receives from a law enforcement agency under ORS 147.417.
(2) All records kept by a covered employer regarding an eligible employee’s leave under ORS 659A.192 or notices received under subsection (1) of this section are subject to the laws relating to confidentiality. [2003 c.603 §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.198 - Use of paid leave.

(1) Except as provided in subsections (2) and (3) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, a covered employer is not required to grant leave with pay under ORS 659A.192 to an eligible employee to attend a criminal proceeding.
(2) An eligible employee who takes leave to attend a criminal proceeding may use any paid accrued vacation leave during the period of leave or may use any other paid leave that is offered by the covered employer in lieu of vacation leave during the period of leave.
(3) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement or an employer policy, the covered employer may determine the order in which accrued leave is to be used when more than one type of accrued leave is available to the employee. [2003 c.603 §6]
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.199 - Prohibited conduct by employer.

(1) It is an unlawful employment practice for an employer 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 for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.
(2) The remedies provided by this chapter are in addition to any common law remedy or other remedy that may be available to an employee for the conduct constituting a violation of this section. [2009 c.524 §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.200 - Definitions for ORS 659A.200 to 659A.224.

As used in ORS 659A.200 to 659A.224:
(1) "Disciplinary action" includes but is not limited to any discrimination, dismissal, demotion, transfer, reassignment, supervisory reprimand, warning of possible dismissal or withholding of work, whether or not the action affects or will affect employee compensation.
(2) "Employee" means a person:
(a) Employed by or under contract with the state or any agency of or political subdivision in the state;
(b) Employed by or under contract with any person authorized to act on behalf of the state, or agency of the state or subdivision in the state, with respect to control, management or supervision of any employee;
(c) Employed by the public corporation created under ORS 656.751;
(d) Employed by a contractor who performs services for the state, agency or subdivision, other than employees of a contractor under contract to construct a public improvement;
(e) Employed by or under contract with any person authorized by contract to act on behalf of the state, agency or subdivision;
(f) Employed by a nonprofit organization; or
(g) Serving as a member of a board of directors of a nonprofit organization who is not otherwise considered an employee.
(3) "Information" includes public and private records, documents and electronically stored data.
(4) "Knowledge" means actual knowledge.
(5) "Nonprofit organization" or "nonprofit" means an organization or group of organizations that:
(a) Receives public funds by way of grant or contract; and
(b) Is exempt from income tax under section 501(c)(3) of the Internal Revenue Code.
(6) "Public employer" means:
(a) The state or any agency of or political subdivision in the state;
(b) Any person authorized to act on behalf of the state, or any agency of or political subdivision in the state, with respect to control, management or supervision of any employee; or
(c) An employer who employs an employee described in subsection (2)(a) to (e) of this section.
(7) "School" means a common school district, a union high school district, an education service district, a public charter school, a private school providing instruction to any grade from kindergarten through grade 12 or a community college district.
(8) "School services" means any of the following services:
(a) Custodial or janitorial services;
(b) Nutrition services;
(c) Transportation services; or
(d) Any other education services that are customarily performed by school employees.
(9) "School services employee" means a person employed by a school services employer to provide school services to a school.
(10) "School services employer" means a private employer that enters into a contract with a school to provide school services to the school. [Formerly 659.505; 2014 c.78 §2; 2015 c.3 §49; 2016 c.73 §3; 2020 s.s.3 c.4 §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.203 - Prohibited conduct by public or nonprofit employer; prohibited conduct by school services employer during public health emergency; remedies.

(1) Subject to ORS 659A.206, except as provided in ORS 659A.200 to 659A.224, it is an unlawful employment practice for any public or nonprofit employer to:
(a) Prohibit any employee from discussing, either specifically or generally with any member of the Legislative Assembly, legislative committee staff acting under the direction of a member of the Legislative Assembly, any member of the elected governing body of a political subdivision in the state or any elected auditor of a city, county or metropolitan service district, the activities of:
(A) The state or any agency of or political subdivision in the state; or
(B) Any person authorized to act on behalf of the state or any agency of or political subdivision in the state.
(b) Prohibit any employee from disclosing, or take or threaten to take disciplinary action against an employee for the disclosure of any information that the employee reasonably believes is evidence of:
(A) A violation of any federal, state or local law, rule or regulation by the public or nonprofit employer;
(B) Mismanagement, gross waste of funds or abuse of authority or substantial and specific danger to public health and safety resulting from action of the public or nonprofit employer; or
(C) Subject to ORS 659A.212 (2), the fact that a person receiving services, benefits or assistance from the state or agency or subdivision, is subject to a felony or misdemeanor warrant for arrest issued by this state, any other state, the federal government, or any territory, commonwealth or governmental instrumentality of the United States.
(c) Require any employee to give notice prior to making any disclosure or engaging in discussion described in this section, except as allowed in ORS 659A.206 (1).
(d) Discourage, restrain, dissuade, coerce, prevent or otherwise interfere with disclosure or discussions described in this section.
(2) A public or nonprofit employer may not invoke or impose any disciplinary action against an employee for employee activity described in subsection (1) of this section or ORS 659A.212.
(3) It is an unlawful employment practice for any school services employer to invoke or impose any disciplinary action against a school services employee for reporting or filing a complaint alleging a violation of any law, regulation or standard pertaining to the COVID-19 pandemic.
(4) The remedies provided by this section are in addition to any remedy provided to an employee under ORS 659A.199 or other remedy that may be available to an employee for the conduct alleged as a violation of this section.
(5) A violation of this section is a Class A misdemeanor. [Formerly 659.510; 2010 c.24 §1; 2016 c.73 §4; 2020 s.s.3 c.4 §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.206 - Effects of ORS 659A.200 to 659A.224 on employees.

ORS 659A.200 to 659A.224 are not intended to:
(1) Prohibit a supervisor or appointing authority from requiring that an employee inform the supervisor or appointing authority as to official requests for information to the agency or subdivision or the substance of testimony made, or to be made, by the employee to legislators or members of the elected governing body of a political subdivision on behalf of the agency or subdivision;
(2) Permit an employee to leave the employee’s assigned work areas during normal work hours without following applicable rules and policies pertaining to leaves, unless the employee is requested by:
(a) A member of the Legislative Assembly or a legislative committee to appear before a legislative committee;
(b) A member of the elected governing body of a political subdivision to appear before the governing body of the political subdivision; or
(c) An elected auditor of a city, county or metropolitan service district to participate in an investigation or audit;
(3) Authorize an employee to represent the employee’s personal opinions as the opinions of the agency or subdivision;
(4) Except as specified in ORS 659A.212 (2), authorize an employee to disclose information required to be kept confidential under state or federal law, rule or regulation;
(5) Restrict or preclude disciplinary action against an employee if the information disclosed by the employee is known by the employee to be false, if the employee discloses the information with reckless disregard for its truth or falsity, or if the information disclosed relates to the employee’s own violations, mismanagement, gross waste of funds, abuse of authority or endangerment of the public health or safety; or
(6) Restrict or impair any judicial right of action an employee or an employer has under existing law. [Formerly 659.515; 2010 c.24 §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.209 - Effect on public record disclosures.

ORS 659A.200 to 659A.224 are not intended to:
(1) Allow disclosure of records exempt from disclosure except as provided in ORS 192.338, 192.345 and 192.355.
(2) Prevent public employers from prohibiting employee disclosure of information of an advisory nature to the extent that it covers other than purely factual materials and is preliminary to any final agency determination of policy or action. [Formerly 659.520]
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.212 - Policy on cooperation with law enforcement officials; duty to report person subject to warrant for arrest.

(1) In order to protect the safety of the citizens of this state, it is the policy of this state that all public employers and their employees cooperate with law enforcement officials in the apprehension of persons subject to a felony or misdemeanor warrant for arrest.
(2) Notwithstanding any other law, when an employee reasonably believes that a person receiving services, benefits or assistance from the state or any agency or political subdivision in the state is subject to a felony or misdemeanor warrant for arrest issued by this state, any other state, the federal government, or any territory, commonwealth or governmental instrumentality of the United States, the employee shall promptly and without delay report to the employee’s immediate supervisor or a person designated by the agency by rule to receive such report.
(3) The supervisor or person designated by the agency shall notify the Oregon State Police promptly and without delay of the information supplied by the employee.
(4) The notification required by subsections (2) and (3) of this section shall include disclosure of the name and address of the person, available information concerning the felony or misdemeanor warrant for arrest and other available identifying information.
(5) Information disclosed under this section shall only be used by law enforcement officials to verify the existence of a felony or misdemeanor warrant for arrest of the person and to apprehend the person if a felony or misdemeanor warrant for arrest exists. [Formerly 659.525]
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.215 - Remedies not exclusive.

The remedies provided for violations of ORS 659A.203 and 659A.218 under this chapter are in addition to any appeal proceeding available under ORS 240.560 for a state employee or under any comparable provisions for employees of political subdivisions. [Formerly 659.530]