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.218 - Disclosure of employee’s name without consent prohibited.

(1) The identity of the employee who discloses any of the following shall not be disclosed by a public employer without the written consent of the employee during any investigation of the information provided by the employee, relating to:
(a) Matters described in ORS 659A.203 (1)(b).
(b) Reports required by ORS 659A.212 (2).
(2) Violation of this section is an unlawful employment practice. [Formerly 659.535]
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.219 - Uniform standards and procedures manual for implementation of Whistleblower Law; requirements.

(1) The Bureau of Labor and Industries shall adopt a uniform standards and procedures manual that provides guidelines for implementing ORS 659A.200 to 659A.224.
(2) The bureau shall make the manual available to the public on the bureau’s website.
(3) The manual must include, but need not be limited to, the following information:
(a) Proper procedures for disclosing information under ORS 659A.200 to 659A.224;
(b) The rights and remedies provided to an employee who discloses information under ORS 659A.200 to 659A.224; and
(c) The implementation of statutes and rules relating to protected activity under ORS 659A.200 to 659A.224 as interpreted by the case law of this state.
(4) The bureau shall review the manual on a periodic basis and make updates as necessary to reflect recent changes in rule or law, including case law, regarding disclosures of information under ORS 659A.200 to 659A.224. [2018 c.83 §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.220 - Bureau of Labor and Industries to collect and compile information relating to disclosures; report to legislature.

(1) The Bureau of Labor and Industries, in consultation and cooperation with the agencies described in subsection (2) of this section, shall collect and compile information and data relating to disclosures of information made under ORS 659A.200 to 659A.224. The information and data shall include:
(a) The total number of disclosures made by an employee to a public employer pursuant to ORS 659A.221 of matters described in ORS 659A.203 (1)(b); and
(b) The total number of all reports of violations of ORS 659A.203 or 659A.218.
(2) Subsection (1) of this section applies to the following agencies:
(a) The Oregon Health Authority;
(b) The Department of Transportation;
(c) The Department of Human Services; and
(d) The Department of Environmental Quality.
(3) No later than January 1 of each odd-numbered year, the bureau shall submit to the Governor, and, in the manner provided in ORS 192.245, to an appropriate committee or interim committee of the Legislative Assembly, a written report that includes the information and data described in subsection (1) of this section. [2018 c.83 §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.221 - Uniform application to all public employers; optional procedure for disclosures; rules.

(1) The Bureau of Labor and Industries by rule shall ensure that the requirements of ORS 659A.200 to 659A.224 are applied uniformly to all public employers. Each public employer may adopt rules, consistent with Bureau of Labor and Industries rules, that apply to that public employer and that also implement ORS 659A.200 to 659A.224.
(2) A public employer may establish by rule an optional procedure whereby an employee who wishes to disclose information described in ORS 659A.203 (1)(b) may disclose information first to the supervisor, or if the supervisor is involved, to the supervisor next higher, but the employer must protect the employee against retaliatory or disciplinary action by any supervisor for such disclosure. [Formerly 659.540]
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.224 - Short title.

ORS 659A.200 to 659A.224 shall be known as the Whistleblower Law. [Formerly 659.545]
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.228 - Discrimination for reporting violation of election laws prohibited.

(1) In addition to the conduct prohibited in ORS 659A.199, it is an unlawful employment practice for a person to discriminate or retaliate against another person with respect to hire or tenure, compensation or other terms, conditions or privileges of employment for the reason that the person has in good faith reported information that the person believes is evidence of a violation of a state or federal election law, rule or regulation.
(2) This section applies only to a person who pays money or offers other valuable consideration for obtaining signatures of electors on a state initiative, referendum or recall petition or on a prospective petition for a state measure to be initiated. [2013 c.519 §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.230 - Discrimination for initiating or aiding in criminal or civil proceedings prohibited; remedies not exclusive.

(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 criminal activity by any person, has in good faith caused a complainant’s information or complaint to be filed against any person, has in good faith cooperated with any law enforcement agency conducting a criminal investigation, has in good faith brought a civil proceeding against an employer or has testified in good faith at a civil proceeding or criminal trial.
(2) For the purposes of this section, "complainant’s information" and "complaint" have the meanings given those terms in ORS 131.005.
(3) 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. [Formerly 659.550]
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.233 - Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited.

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 possible violations of ORS chapter 441 or of ORS 443.400 to 443.455 or has testified in good faith at an unemployment compensation hearing or other hearing conducted pursuant to ORS chapter 657. [Formerly 659.035]
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.236 - Discrimination for testifying before Legislative Assembly, committee or task force prohibited.

It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment solely for the reason that the employee has testified before the Legislative Assembly or any of its interim or statutory committees, including advisory committees and subcommittees thereof, or task forces. [Formerly 659.270]
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.250 - Definitions for ORS 659A.250 to 659A.262.

(1) For purposes of ORS 659A.250 to 659A.262, "access" means ingress to and egress from residential areas which are concentrated in a central location. It shall not include:
(a) The right to enter the individual residences of employees unless a resident of the household consents to the entry;
(b) The right to use any services provided by the employer for the exclusive use of the employees;
(c) The right to enter single residences shared by employees and employers where a separate entrance to the employee’s quarter is not provided; or
(d) The right to enter work areas.
(2) "Authorized person" means government officials, physicians, certified education providers, local health officials, representatives of religious organizations and any other providers of services for farmworkers funded in whole or part by state, federal or local government.
(3) "Housing" means living quarters owned, rented or in any manner controlled by an employer and occupied by the employee.
(4) "Invited person" means persons invited to a dwelling unit by an employee or a member of the employee’s family residing with the employee. [Formerly 659.280; 2015 c.736 §108; 2017 c.409 §20]
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.253 - Restriction of access to employee housing owned or controlled by employer prohibited; telephone accessibility.

(1) Employers shall not restrict access by authorized persons or invited persons to any housing owned, rented or in any manner controlled by the employer where employees are residing. Authorized persons or invited persons must announce their presence on the premises upon request. Authorized persons shall, upon request, provide credentials identifying the person as representing a qualifying agency or organization.
(2)(a) A person need not disclose to the employer the name of the employee who issued the invitation prior to gaining access to the housing, but an invited person must do so in order to assert a right to access as an invited person in any judicial proceeding concerning the right to access provided in this section. If an invited person does not disclose the name of the inviter to the employer, the employer may deny access until the invited person obtains an order pursuant to ORS 659A.262.
(b) Invited persons shall not be allowed to enter work areas or to interfere with any employee’s work or performance of duties on behalf of the employer.
(3)(a) The employer shall ensure to the employees residing in housing owned or controlled by an employer and occupied by employees the availability of:
(A) A reasonably accessible operating telephone, whether pay or private, available 24 hours a day for emergency use; and
(B) An operating telephone, whether pay or private, located within two miles of the housing, accessible and available so as to provide reasonable opportunity for private use by employees.
(b) An employer may request a waiver from the requirements of paragraph (a) of this subsection if the employer demonstrates to the bureau that:
(A) Compliance would constitute an unreasonable hardship for the employer; and
(B) The camp meets any requirements established by the Department of Consumer and Business Services for an emergency medical plan.
(4) A complaint may not be filed under ORS 659A.820 for violations of this section. [Formerly 659.285]
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.256 - Regulations by employers concerning use and occupancy of employee housing; requirements; notice.

Employers may adopt reasonable rules and regulations concerning the use and occupancy of such housing including hours of access which must be posted in a conspicuous place at least three days prior to enforcement. Such rules shall be enforceable as to employees, invited persons and those authorized persons who are not governmental officials or who are not visiting the camp for emergency purposes only if:
(1) Their purpose is to promote the safety or welfare of the employees and authorized persons allowed access;
(2) They preserve the employer’s property from abusive use;
(3) They are reasonably related to the purpose for which they are adopted;
(4) They apply to all employees on the premises in a fair manner; and
(5) They are sufficiently explicit in the prohibition, direction or limitation of the employee’s conduct to fairly inform the employees of what must be done to comply. [Formerly 659.290]
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.259 - Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited; enforcement.

(1) It is an unlawful employment practice for an employer to expel or evict from housing referred to in ORS 659A.250 to 659A.262 or to discharge, demote, suspend from employment or in any other manner discriminate or retaliate against an employee or any member of the employee’s household for the reason that the employee or any member of the employee’s household has:
(a) Reported or complained concerning possible violations of ORS 659A.250 to 659A.262; or
(b) Conferred with or invited to residential areas, any authorized person or invited person.
(2) An employee or any member of the employee’s household may file a complaint under ORS 659A.820 for violations of this section and may bring a civil action under ORS 659A.885 and recover the relief as provided by ORS 659A.885 (1) and (3). [Formerly 659.295]
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.262 - Warrant on behalf of person entitled to access to housing; vacation of warrant; rules.

(1) In the event that any person claiming to be an authorized or invited person is denied access to housing, the person may apply to any magistrate having jurisdiction to issue warrants, for an order authorizing the person to gain access to the housing.
(2) The application pursuant to this section shall be sworn and shall include allegations of the facts and circumstances under which the person alleges that the person is entitled to access under ORS 659A.250 to 659A.262.
(3) If, on ex parte review of the application, it appears from the sworn allegations of the application that the person is entitled to access to the housing, the magistrate shall promptly issue an order restraining the owner of the housing from interfering with the access of the applicant to the housing.
(4) No fee, bond or undertaking shall be required in connection with proceedings under this section.
(5) On sufficient cause, the magistrate may enter further orders for the protection of residents of the housing, including the temporary sealing of the application, or portions thereof.
(6) Any person subject to an order referred to in subsections (1) to (5) of this section may request that the order be vacated or modified by filing a written motion with the court which issued the order.
(7) Upon receipt of a motion to modify or vacate the order, the court shall schedule a hearing.
(8) If after the hearing, the court determines that the applicant is not entitled to access, the court shall vacate or modify the order.
(9) The Bureau of Labor and Industries may adopt rules to carry out the provisions of ORS 659A.250 to 659A.262. [Formerly 659.297]
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.270 - Definitions for ORS 659A.270 to 659A.285.

As used in ORS 659A.270 to 659A.285:
(1) "Covered employer" means an employer who employs six or more individuals in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to address domestic violence, harassment, sexual assault, bias or stalking, or in the year immediately preceding the year in which an eligible employee takes leave to address domestic violence, harassment, sexual assault, bias or stalking.
(2) "Eligible employee" means an employee who is a victim of domestic violence, harassment, sexual assault, bias or stalking or is the parent or guardian of a minor child or dependent who is a victim of domestic violence, harassment, sexual assault, bias or stalking.
(3) "Protective order" means an order authorized by ORS 30.866, 107.095 (1)(c), 107.700 to 107.735, 124.005 to 124.040, 163.730 to 163.750 or 163.760 to 163.777 or any other order that restrains an individual from contact with an eligible employee or the employee’s minor child or dependent.
(4) "Victim of bias" means:
(a) An individual who has been a victim of a bias crime as defined in ORS 147.380; or
(b) Any other individual designated as a victim of bias by rule adopted under ORS 659A.805.
(5) "Victim of domestic violence" means:
(a) An individual who has been a victim of abuse, as defined in ORS 107.705; or
(b) Any other individual designated as a victim of domestic violence by rule adopted under ORS 659A.805.
(6) "Victim of harassment" means:
(a) An individual against whom harassment has been committed as described in ORS 166.065.
(b) Any other individual designated as a victim of harassment by rule adopted under ORS 659A.805.
(7) "Victim of sexual assault" means:
(a) An individual against whom a sexual offense has been committed as described in ORS 163.305 to 163.467, 163.472 or 163.525; or
(b) Any other individual designated as a victim of sexual assault by rule adopted under ORS 659A.805.
(8) "Victim of stalking" means:
(a) An individual against whom stalking has been committed as described in ORS 163.732;
(b) An individual designated as a victim of stalking by rule adopted under ORS 659A.805; or
(c) An individual who has obtained a court’s stalking protective order or a temporary court’s stalking protective order under ORS 30.866.
(9) "Victim services provider" means a prosecutor-based victim assistance program or a nonprofit program offering safety planning, counseling, support or advocacy related to domestic violence, harassment, sexual assault, bias or stalking. [2007 c.180 §2; 2011 c.687 §1; 2013 c.321 §3; 2013 c.687 §17; 2019 c.304 §4; 2023 c.549 §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.272 - Employer required to provide leave.

Except as provided in ORS 659A.275, a covered employer shall allow an eligible employee to take reasonable leave from employment for any of the following purposes:
(1) To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee’s minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, harassment, sexual assault, bias or stalking.
(2) To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to, harassment or stalking of or the commission of a bias crime against the eligible employee or the employee’s minor child or dependent.
(3) To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, harassment, sexual assault, bias or stalking.
(4) To obtain services from a victim services provider for the eligible employee or the employee’s minor child or dependent.
(5) To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee’s minor child or dependent. [2007 c.180 §3; 2011 c.687 §2; 2023 c.549 §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.275 - Undue hardship.

(1) As used in this section, "undue hardship" means a significant difficulty and expense to a covered employer’s business and includes consideration of the size of the employer’s business and the employer’s critical need for the eligible employee.
(2) A covered employer may limit the amount of leave an eligible employee takes under ORS 659A.272 if the employee’s leave creates an undue hardship on the employer’s business. [2007 c.180 §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.277 - Denying leave to employee prohibited.

It is an unlawful employment practice for a covered employer to deny leave to an eligible employee or to discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee takes leave as provided in ORS 659A.272. [2007 c.180 §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.279 - Required posting of summaries of statutes and rules.

Every covered employer shall keep summaries of ORS 659A.270 to 659A.285 and summaries of all rules promulgated by the Commissioner of the Bureau of Labor and Industries for the enforcement of ORS 659A.270 to 659A.285 posted in a conspicuous and accessible place in or about the premises where the employees of the covered employer are employed. Employers may obtain the summaries from the website of the Bureau of Labor and Industries or upon request from the bureau, the first copy of which shall be furnished without charge. In addition, upon request, the bureau shall furnish the complete text of all rules promulgated pursuant to ORS 659A.270 to 659A.285 to any employer without charge. [2013 c.321 §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.280 - Notice to employer; records confidential.

(1) An eligible employee shall give the covered employer reasonable advance notice of the employee’s intention to take leave for the purposes identified in ORS 659A.272, unless giving the advance notice is not feasible.
(2) The covered employer may require the eligible employee to provide certification that:
(a) The employee or the employee’s minor child or dependent is a victim of domestic violence, harassment, sexual assault, bias or stalking; and
(b) The leave taken is for one of the purposes identified in ORS 659A.272.
(3) The eligible employee shall provide the certification within a reasonable time after receiving the covered employer’s request for the certification.
(4) Any of the following constitutes sufficient certification:
(a) A copy of a police report indicating that the eligible employee or the employee’s minor child or dependent was a victim of domestic violence, harassment, sexual assault, bias or stalking.
(b) A copy of a protective order or other evidence from a court, administrative agency or attorney that the eligible employee appeared in or was preparing for a civil, criminal or administrative proceeding related to domestic violence, harassment, sexual assault, bias or stalking.
(c) Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy, employee of the Department of Justice division providing victim and survivor services or victim services provider that the eligible employee or the employee’s minor child or dependent was undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, harassment, sexual assault, bias or stalking.
(5) All records and information kept by a covered employer regarding an eligible employee’s leave under ORS 659A.270 to 659A.285, including the fact that the employee has requested or obtained leave under ORS 659A.272, are confidential and may not be released without the express permission of the employee, unless otherwise required by law. [2007 c.180 §6; 2011 c.687 §3; 2023 c.549 §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.283 - Paid leave for public employees.

(1) As used in this section, "public employer" means the State of Oregon.
(2)(a) Notwithstanding ORS 659A.285, an eligible employee of the public employer who is a victim of domestic violence, a victim of harassment, a victim of sexual assault, a victim of bias or a victim of stalking shall be granted leave with pay from employment for the purposes specified in ORS 659A.272.
(b) Leave with pay authorized by this section is in addition to any vacation, sick, personal business or other form of paid or unpaid leave available to the eligible employee. However, an eligible employee must exhaust all other forms of paid leave before the employee may use the paid leave established under this section.
(c) An eligible employee may take up to 160 hours of leave with pay authorized by this section in each calendar year.
(3) If the public employer has knowledge, or reasonably should have knowledge, that an employee is a victim of domestic violence, a victim of harassment, a victim of sexual assault, a victim of bias or a victim of stalking and that any direct or indirect communication to the eligible employee related to the victimization of the employee is made or attempted to be made in the workplace, the public employer of the employee shall immediately inform the employee and offer to report the communication to law enforcement.
(4) The public employer shall annually inform all employees of the provisions of ORS 659A.290. [2013 c.613 §2; 2023 c.549 §14]
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.285 - 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 to an eligible employee under ORS 659A.272.
(2) An eligible employee who takes leave pursuant to ORS 659A.272 may use any paid accrued vacation leave, any accrued sick leave or personal business leave, or 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 paid accrued leave is to be used when more than one type of paid accrued leave is available to the employee. [2007 c.180 §7; 2015 c.352 §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.300 - Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited; exceptions.

(1) Except as provided in this section, it is an unlawful employment practice for any employer to subject, directly or indirectly, any employee or prospective employee to any breathalyzer test, polygraph examination, psychological stress test, genetic test or brain-wave test.
(2) As used in this section:
(a) "Breathalyzer test" means a test to detect the presence of alcohol in the body through the use of instrumentation or mechanical devices.
(b) "Genetic test" has the meaning given in ORS 192.531.
(c) "Polygraph examination or psychological stress test" means a test to detect deception or to verify the truth of statements through the use of instrumentation or mechanical devices.
(d) An individual is "under the influence of intoxicating liquor" when the 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.
(3) Nothing in subsection (1) of this section shall be construed to prohibit the administration of a polygraph examination to an individual, if the individual consents to the examination, during the course of criminal or civil judicial proceedings in which the individual is a party or witness or during the course of a criminal investigation conducted by a law enforcement agency, as defined in ORS 181A.010, a district attorney or the Attorney General.
(4) Nothing in subsection (1) of this section shall be construed to prohibit the administration of a breathalyzer test to an individual if the individual consents to the test. If the employer has reasonable grounds to believe that the individual is under the influence of intoxicating liquor, the employer may require, as a condition for employment or continuation of employment, the administration of a blood alcohol content test by a third party or a breathalyzer test. The employer shall not require the employee to pay the cost of administering any such test.
(5) Subsection (1) of this section does not prohibit the administration of a genetic test to an individual if the individual or the individual’s representative grants informed consent in the manner provided by ORS 192.535, and the genetic test is administered solely to determine a bona fide occupational qualification. [Formerly 659.227]
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.303 - Employer prohibited from obtaining, seeking to obtain or using genetic information.

(1) It is an unlawful employment practice for an employer to seek to obtain, to obtain or to use genetic information of an employee or a prospective employee, or of a blood relative of the employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to an employee or a prospective employee.
(2) For purposes of this section, "blood relative," "genetic information" and "obtain genetic information" have the meanings given those terms in ORS 192.531. [Formerly 659.036; 2011 c.210 §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.306 - Requiring employee to pay for medical examination as condition of continued employment prohibited; exceptions.

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

(1) Except as provided in subsection (2) of this section, it is an unlawful employment practice for an employer solely because another member of an individual’s family works or has worked for that employer to:
(a) Refuse to hire or employ an individual;
(b) Bar or discharge from employment an individual; or
(c) Discriminate against an individual in compensation or in terms, conditions or privileges of employment.
(2) An employer is not required to hire or employ and is not prohibited from barring or discharging an individual if such action:
(a) Would constitute a violation of any law of this state or of the United States, or any rule promulgated pursuant thereto, with which the employer is required to comply;
(b) Would constitute a violation of the conditions of eligibility for receipt by the employer of financial assistance from the government of this state or the United States;
(c) Would place the individual in a position of exercising supervisory, appointment or grievance adjustment authority over a member of the individual’s family or in a position of being subject to such authority which a member of the individual’s family exercises; or
(d) Would cause the employer to disregard a bona fide occupational requirement reasonably necessary to the normal operation of the employer’s business.
(3) As used in this section, "member of an individual’s family" means the spouse in a marriage, son, daughter, parent, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, parent-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of the individual. [Formerly 659.340; 2015 c.629 §56]
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.312 - Leave of absence to donate bone marrow; verification by employer.

(1) It is an unlawful employment practice for an employer to deny to grant already accrued paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The total length of the leaves shall be determined by the employee, but shall not exceed the amount of already accrued paid leave or 40 work hours, whichever is less, unless agreed to by the employer.
(2) The employer may require verification by a physician or naturopathic physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence used by the employee prior to that medical determination is not affected.
(3) An employer shall not retaliate against an employee for requesting or using accrued paid leave of absence as provided by this section.
(4) This section does not:
(a) Prevent an employer from providing leave for bone marrow donations in addition to leave required under this section.
(b) Affect an employee’s rights with respect to any other employment benefit.
(5) This section applies only to employees who work an average of 20 or more hours per week. [Formerly 659.358; 2017 c.356 §82]
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.314 - Discrimination for service as appointed member of state board or commission; requiring employee to use accrued leave prohibited; remedy for violation.

(1) As used in this section, "state board or commission" means a state board or commission referred to in ORS 292.495.
(2) It is an unlawful employment practice if an employer discharges, threatens to discharge, intimidates or coerces any employee by reason of the employee’s service or scheduled service as an appointed member of a state board or commission.
(3) Subject to subsection (4) of this section, an employer may not require that an employee use vacation leave, sick leave or annual leave for time spent by the employee in service as an appointed member of a state board or commission, and the employer shall allow the employee to take leave without pay for time spent by the employee in service as an appointed member of the state board or commission.
(4) The protections provided under subsection (3) of this section apply to an employee who has provided the employer with at least 21 days’ advance notice of any time the employee needs to spend in service as an appointed member of a state board or commission.
(5) This section may not be construed to alter or affect an employer’s policies or agreements with employees concerning employees’ wages during times when an employee serves or is scheduled to serve as an appointed member of a state board or commission.
(6) An employee who alleges a violation of this section may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. [2023 c.331 §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.315 - Restricting use of tobacco in nonworking hours prohibited; exceptions.

(1) It is an unlawful employment practice for any employer to require, as a condition of employment, that any employee or prospective employee refrain from using lawful tobacco products during nonworking hours, except when the restriction relates to a bona fide occupational requirement.
(2) Subsection (1) of this section does not apply if an applicable collective bargaining agreement prohibits off-duty use of tobacco products. [Formerly 659.380; 2005 c.199 §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.318 - Discrimination relating to academic degree in theology or religious occupations prohibited.

(1) If an employer requires an applicant or employee to have an academic degree from a post-secondary institution to qualify for a position, but does not require a degree with a specific title, it is an unlawful employment practice for the employer to refuse to hire or promote or in any manner discriminate or retaliate against the applicant or employee only because the applicant or employee meets the educational requirements for the position by having a degree leading to occupations in theology or religious occupations from a school that, when the degree was issued, was a school:
(a) That, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees leading to occupations in theology or religious occupations; or
(b) Exempt from ORS 348.594 to 348.615 under ORS 348.604.
(2) If an employer other than a public body, as defined in ORS 192.311, offers employees benefits of tuition reimbursement, educational debt reduction, educational incentive or educational contribution or gift match for educational services provided by a post-secondary institution and the employer does not restrict the program to specific institutions or degrees with specific titles, it is an unlawful employment practice for the employer to refuse to offer the benefit to or in any manner discriminate or retaliate against an employee because the employee attends or seeks to attend a school that is:
(a) A school that, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees leading to occupations in theology or religious occupations; or
(b) Exempt from ORS 348.594 to 348.615 under ORS 348.604. [2001 c.621 §93; 2005 c.546 §11; 2011 c.353 §5; 2023 c.557 §14]
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.320 - Discrimination based on information in credit history prohibited; exceptions; remedies for violation.

(1) Except as provided in subsection (2) of this section, it is an unlawful employment practice for an employer to obtain or use for employment purposes information contained in the credit history of an applicant for employment or an employee, or to refuse to hire, discharge, demote, suspend, retaliate or otherwise discriminate against an applicant or an employee with regard to promotion, compensation or the terms, conditions or privileges of employment based on information in the credit history of the applicant or employee.
(2) Subsection (1) of this section does not apply to:
(a) Employers that are federally insured banks or credit unions;
(b) Employers that are required by state or federal law to use individual credit history for employment purposes;
(c) The application for employment or the employment of a public safety officer who will be or who is:
(A) A member of a law enforcement unit;
(B) Employed as a peace officer commissioned by a city, port, school district, mass transit district, county, university under ORS 352.121 or 353.125, Indian reservation, the Superintendent of State Police under ORS 181A.340, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or employed as a regulatory specialist by the Oregon Liquor and Cannabis Commission; and
(C) Responsible for enforcing the criminal laws of this state or laws or ordinances related to airport security; or
(d) The obtainment or use by an employer of information in the credit history of an applicant or employee because the information is substantially job-related and the employer’s reasons for the use of such information are disclosed to the employee or prospective employee in writing.
(3) An employee or an applicant for employment may file a complaint under ORS 659A.820 for violations of this section and may bring a civil action under ORS 659A.885 and recover the relief as provided by ORS 659A.885 (1) and (2).
(4) As used in this section, "credit history" means any written or other communication of any information by a consumer reporting agency that bears on a consumer’s creditworthiness, credit standing or credit capacity. [2010 c.102 §2; 2011 c.210 §6; 2011 c.506 §54; 2012 c.54 §25; 2012 c.67 §16; 2013 c.180 §49; 2015 c.614 §165; 2021 c.351 §293]
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.321 - Seniority systems and benefit plans not unlawful employment practices.

It is not an unlawful employment practice for an employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of this chapter. However, except as otherwise provided by law, no such employee benefit plan shall excuse the failure to hire any individual and no such seniority system or employee benefit plan shall require the involuntary retirement of any individual 18 years of age or older because of the age of such individual. [Formerly 659.028]
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.340 - Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited; remedy.

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