reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0036 - Commissioner's Complaint for Discrimination Based on Employment Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 659A.550 and except as permitted
			 under ORS Chapter 240 or any other provision of law, it is an unlawful practice
			 for an employer or employment agency to knowingly or purposefully publish in
			 print or on the Internet an advertisement for a job vacancy in Oregon that
			 provides that:
(a) The qualifications for a
			 job include current employment;
(b) The employer or employment agency will
			 not consider or review an application for employment submitted by a job
			 applicant who is currently unemployed; or
(c) The employer or employment agency will
			 only consider or review applications for employment submitted by job applicants
			 who are currently employed.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0060 - Purpose and Scope of these Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the policy of the State of Oregon
			 to guarantee individuals the fullest possible participation in the social and
			 economic life of the state, including employment. Pursuant to ORS
			 659A.320, obtainment or use by
			 an employer of information in an applicant's credit history impacts the
			 individual's privacy, and must relate only to the position for which the
			 individual is being considered or holds. The people of Oregon have the right to
			 employment without unlawful discrimination on the basis of credit
			 history.
(2) Prohibited
			 discrimination is a basis of unlawful practices described in ORS Chapter 659A
			 and other chapters of the Oregon statutes.
(3) The Civil Rights Division (division) of
			 the Bureau of Labor and Industries enforces ORS
			 659A.320. These rules implement
			 and interpret that statute.
(4) Any
			 individual claiming to be aggrieved by an unlawful practice including a
			 violation of ORS 659A.320 may file a complaint
			 with the division under ORS
			 659A.820 or may bring a civil
			 action under ORS 659A.885.
(5) These rules apply to all inquiries and
			 complaints received by the division on or after the effective date of these
			 rules.
Stat. Auth.: 659A.805
Stats. Implemented: ORS
				  659A.320
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0065 - Definitions Regarding Employer Obtainment or Use of Credit History Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Applicant" means an individual who has submitted information for the purpose
			 of gaining employment.
(2) "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.
(3)
			 "Division" means the Civil Rights Division of the Bureau of Labor and
			 Industries.
(4) "Employer" means
			 any person who in this state, directly or through an agent, engages or uses the
			 personal service of one or more employees, reserving the right to control the
			 means by which such service is or will be performed.
(5) "Respondent" includes any person against
			 whom a complaint or charge of unlawful practices is filed with the division or
			 whose name has been added to such complaint or charge pursuant to ORS
			 659A.835(1).
(6) "Substantially job-related" is defined in
			 OAR 839-005-0080.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.320
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0070 - Unlawful Discrimination Based on Credit History of Applicant or Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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) Obtainment or use of
			 credit history information may not be conducted in a manner that results in
			 adverse impact discrimination as prohibited by
			 42 U.S.C. §
									2000e-2, ORS
			 659A.030 and OAR
			 839-005-0010. A finding of
			 adverse impact discrimination does not require establishment of intentional
			 discrimination.
(3) ORS
			 659A.320 permits an employer to
			 obtain or use for employment purposes information contained in the credit
			 history of an applicant or employee under circumstances described at
			 659A.320(2). ORS 659A.320(2)(d)
			 permits an employer to obtain or use information contained in the credit
			 history of an applicant or employee if the credit history 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.
(4) The burden of proving
			 the employer's disclosure to the employee of its reasons for the use of such
			 information rests with the employer.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.320
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0075 - Exceptions to Application of Prohibition on Obtainment or Use of Credit History

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 659A.320 does not apply to:
(1) Employers that are federally
			 insured banks or credit unions;
(2) Employers that are required by state or
			 federal law to use individual credit history for employment purposes;
(3) Employees in or applicants for
			 positions responsible for enforcing the criminal laws of this state, including:
(a) A public safety officer who is a member
			 of a law enforcement unit;
(b) A
			 peace officer commissioned by a city, port, school district, mass transit
			 district, county, Indian reservation, or the Criminal Justice Division of the
			 Department of Justice, the Oregon State Lottery Commission, the Governor; or
(c) Employees in positions
			 responsible for enforcing the criminal laws of this state or laws or ordinances
			 related to airport security; or
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0080 - Determining whether Credit History Is Substantially Job-Related

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 determination of whether credit history information is substantially
			 job-related must be evaluated with respect to the position for which the
			 individual is being considered or holds.
(2) Credit history information of an
			 applicant or employee is substantially job-related if:
(a) An essential function of the position at
			 issue requires access to financial information not customarily provided in a
			 retail transaction that is not a loan or extension of credit. Financial
			 information customarily provided in a retail transaction includes information
			 related to the exchange of cash, checks and credit or debit card numbers; or
(b) The position at issue is one
			 for which an employer is required to obtain credit history as a condition of
			 obtaining insurance or a surety or fidelity bond.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0085 - Enforcement and Retaliation Regarding Unlawful Obtainment or Use of Credit History

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 employer's duties and obligations under ORS
			 659A.320 extend to an employer
			 that is a successor in interest as defined in OAR
			 839-005-0014.
(2) An applicant or employee claiming a
			 violation of ORS 659A.320 or these rules may file
			 a complaint with the Civil Rights Division of the Bureau of Labor and
			 Industries in the manner provided by 659A.820.
(3) An applicant or employee claiming a
			 violation of ORS 659A.320 may bring a civil
			 action under 659A.885.
(4) Pursuant
			 to ORS 659A.030(1)(f),
			 it is an unlawful employment practice for an employer to discharge, expel or
			 otherwise discriminate against any person because the person has filed a
			 complaint, testified or assisted in any proceeding in connection with
			 659A.320.
(5) Pursuant to ORS
			 659A.030(1)(g),
			 it is an unlawful employment practice for any person, whether an employer or an
			 employee, to aid, abet, incite, compel or coerce the doing of any of the acts
			 in violation of 659A.320 or to attempt to do so.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.320
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0125 - Discrimination in Retaliation for Opposing Unlawful Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule interprets ORS
			 659A.030(1)(f).
(2) A person will be found to have
			 unlawfully retaliated against any other person if:
(a) That other person has engaged in
			 protected activity by:
(A) Explicitly or
			 implicitly opposing an unlawful practice or what that other person reasonably
			 believed to be an unlawful practice, or
(B) Filing a charge, testifying, or assisting
			 in an investigation, proceeding, or lawsuit under ORS Chapter 659A, or
			 attempting to do so;
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0130 - Discrimination Against Employees Serving or Scheduled to Serve as Jurors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer
			 commits an unlawful employment practice under ORS chapter 659A if the employer
			 discharges, threatens to discharge, intimidates or coerces any employee by
			 reason of the employee's service or scheduled service as a juror on a grand
			 jury, trial jury or jury of inquest.
(2) An employee who alleges a violation of
			 subsection (1) of this rule may bring a civil action under ORS
			 659A.885 or may file a complaint
			 with the Commissioner of the Bureau of Labor and Industries in the manner
			 provided by ORS 659A.820.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  10.090
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0135 - Insurance Coverage for Employees Serving as Jurors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer who employs 10 or more
			 persons commits an unlawful employment practice under ORS chapter 659A if:
(a) The employer ceases to provide health,
			 disability, life or other insurance coverage for an employee during times when
			 the employee serves or is scheduled to serve as a juror; and
(b) The employee elected to have coverage
			 continued while the employee served or was scheduled to serve as a juror, and
			 the employee provided notice of that election to the employer in compliance
			 with the employer's policy for notification.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0138 - Discrimination in Employment Based on Child Support Obligations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule:
(a) "Child" has the meaning given
			 that term in ORS 110.303.
(b) "Child support" means an obligation
			 imposed or imposable by law to provide support, including but not limited to
			 medical support and an unsatisfied obligation to provide support to a child
			 under ORS chapter 25.
(c) "Obligor"
			 means an individual or the estate of a decedent:
(A) Who owes or is alleged to owe a duty of
			 support;
(B) Who is alleged but
			 has not been adjudicated to be a parent of a child; or
(C) Who is liable under a support order.
(d) "Order to withhold"
			 means an order or other legal process that requires a withholder to withhold
			 support from the income of an obligor.
(e) "Withholder" means any person who
			 disburses income and includes but is not limited to an employer, conservator,
			 trustee or insurer of the obligor.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0140 - Accommodation of Employee Religious Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer violates ORS
			 659A.030 if the employer does
			 not allow an employee to use vacation leave, or other leave available to the
			 employee, for the purpose of allowing an employee to engage in the religious
			 observance or practices of the employee.
(a)
			 This requirement applies only to leave that is not restricted as to the manner
			 in which the leave may be used and that the employer allows the employee to
			 take by adjusting or altering the work schedule or assignment of the
			 employee.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0160 - Unlawful Employment Practices Against Victims of Domestic Violence, Harassment, Sexual Assault or Stalking

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ORS 659A.290 provides that it is an
			 unlawful practice for an employer, because an individual is a victim of
			 domestic violence, harassment, sexual assault or stalking to:
(a) Refuse to hire an otherwise qualified
			 individual;
(b) Discharge,
			 threaten to discharge, demote, suspend or in any way discriminate or retaliate
			 against an individual with respect to promotion, compensation or any other
			 terms, conditions or privileges of employment; or to
(c) Refuse to make a reasonable safety
			 accommodation requested by an individual who is a victim of domestic violence,
			 harassment, sexual assault or stalking, unless the employer can demonstrate
			 that the accommodation would impose an undue hardship on the operation of the
			 business of the employer as determined by ORS
			 659A.121.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0170 - Reasonable Safety Accommodation; Certification; Records Confidential

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A "reasonable
			 safety accommodation" for a victim of domestic violence, harassment, sexual
			 assault or stalking as provided in ORS
			 659A.290 may include, but is not
			 limited to, a transfer, reassignment, modified schedule, use of available paid
			 leave from employment, unpaid leave from employment, changed work telephone
			 number, changed work station, installed lock, implemented safety procedure or
			 any other adjustment to a job structure, workplace facility or work requirement
			 in response to actual or threatened domestic violence, harassment, sexual
			 assault or stalking.
(2) Use of
			 available paid and unpaid leave from employment is provided for in ORS
			 659A.270-.285 and OAR
			 839-009-0325 through
			 839-009-0365.
(3) "Undue hardship" for purposes of ORS
			 659A.290 is defined at ORS
			 659A.121: An accommodation
			 imposes an undue hardship on the operation of the business of the employer if
			 the accommodation requires significant difficulty or expense, considering the
			 following:
(a) The nature and the cost of the
			 accommodation needed.
(b) The
			 overall financial resources of the facility or facilities involved in the
			 provision of the accommodation, the number of persons employed at the facility
			 and the effect on expenses and resources or other impacts on the operation of
			 the facility caused by the accommodation.
(c) The overall financial resources of the
			 employer, the overall size of the business of the employer with respect to the
			 number of its employees and the number, type and location of the employer's
			 facilities.
(d) The type of
			 operations conducted by the employer, including the composition, structure and
			 functions of the workforce of the employer and the geographic separateness and
			 administrative or fiscal relationship of the facility or facilities in question
			 to the employer.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0195 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 public policy of the State of Oregon guarantees all individuals the fullest
			 possible participation in the social and economic life of the state, including
			 the right to purchase, lease, rent or occupy property without discrimination on
			 the basis of race, color, religion, sex, sexual orientation, national origin,
			 marital status, disability, familial status, source of income and other classes
			 protected under Oregon statutes. The Bureau of Labor and Industries, through
			 the Civil Rights Division, protects these rights by enforcement of ORS
			 659A.145,
			 659A.421 and the federal Fair
			 Housing Act (42 U.S.C.
			 §
									3601-3617) over which the
			 U.S. Department of Housing and Urban Development has jurisdiction.
(2) An individual claiming to be aggrieved by
			 an alleged unlawful practice under ORS
			 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C. §
									3601-3617) may file a complaint with
			 the Civil Rights Division as described in OAR
			 839-003-0200.
(a) An individual claiming to be aggrieved by
			 an alleged unlawful practice under ORS
			 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C. §
										3601-3617) includes an individual who
			 believes that the individual has been injured by an unlawful practice or
			 discriminatory housing practice or will be injured by an unlawful practice or
			 discriminatory housing practice that is about to occur.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0200 - Definitions: Housing Discrimination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Aggrieved person" includes a person who
			 believes that the person:
(a) Has been
			 injured by an unlawful practice or discriminatory housing practice; or
(b) Will be injured by an unlawful
			 practice or discriminatory housing practice that is about to occur.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0205 - Prohibited Discrimination in Real Property Transactions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may not, because of race, color,
			 religion, sex, sexual orientation, national origin, marital status, disability,
			 familial status, source of income or other protected class of any individual:
(a) Refuse to sell, lease or rent any real
			 property to a purchaser except that a person may refuse to lease or rent real
			 property to a prospective renter or prospective lessee:
(A) Based upon the past conduct of a
			 prospective renter or prospective lessee provided the refusal to lease or rent
			 based on past conduct is consistent with local, state and federal law,
			 including but not limited to fair housing laws; or
(B) Based upon the prospective renter's or
			 prospective lessee's inability to pay rent, taking into account the value of
			 the prospective renter's or prospective lessee's local, state and federal
			 housing assistance, provided the refusal to lease or rent based on inability to
			 pay rent is consistent with local, state and federal law, including but not
			 limited to fair housing laws.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0206 - Discrimination Theories: Housing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For the purposes of housing discrimination complaints under ORS
			 659A.145 or
			 659A.421 or discrimination
			 complaints under the federal Fair Housing Act (42 U.S.C. §
									3601-3617) an aggrieved person need not
			 be a member of a protected class in order to file a complaint of housing
			 discrimination.
(2) Substantial
			 evidence of intentional unlawful discrimination exists if the division's
			 investigation reveals reasonable cause for the commissioner to believe the
			 facts concerning the alleged discriminatory housing practice are sufficient to
			 warrant the initiation of a civil action in circuit court under one of the
			 following theories:
(a) Specific Intent
			 Theory: The respondent knowingly and purposefully discriminates against an
			 individual because of that individual's membership in a protected
			 class.
(b) Different or Unequal
			 Treatment Theory: The respondent treats members of a protected class
			 differently than others who are not members of that protected class. When the
			 respondent makes this differentiation because of the individual's protected
			 class and not because of legitimate, non-discriminatory reasons, unlawful
			 discrimination exists. In establishing a case of different or unequal
			 treatment:
(A) There must be substantial
			 evidence that the individual was harmed or was about to be harmed by the action
			 of the respondent under circumstances that make it appear that the respondent
			 treated the individual differently than comparably situated individuals who
			 were not members of the individual's protected class. Substantial evidence of
			 discrimination exists if the division's investigation reveals evidence that a
			 reasonable person would accept as sufficient to support that protected class
			 membership was a motivating factor for the respondent's alleged unlawful
			 action. If the respondent fails to rebut this evidence with evidence of a
			 legitimate non-discriminatory reason, the division will conclude that
			 substantial evidence of discrimination exists.
(i) Pretext: If the respondent rebuts the
			 evidence with evidence of a legitimate non-discriminatory reason, but there is
			 substantial evidence that the respondent's reason is a pretext for
			 discrimination, the division will conclude there is substantial evidence of
			 unlawful discrimination.
(ii) Mixed
			 Motive: If the respondent presents substantial evidence that a legitimate,
			 non-discriminatory reason contributed to the respondent's action, but the
			 division finds the individual's protected class membership was also a
			 substantial factor in the respondent's action, the division will determine
			 there is substantial evidence of unlawful discrimination.
(B) The aggrieved person at all times has the
			 burden of proving that the individual's protected class was the motivating
			 factor for the respondent's unlawful action.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0210 - Exceptions to Application of Housing Discrimination Statutes and Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 839-005-0205 does not apply with
			 respect to sex distinction, discrimination or restriction if the real property
			 involved is such that the application of OAR
			 839-005-0205 would necessarily
			 result in common use of bath or bedroom facilities by unrelated persons of
			 opposite sex.
(2) The provisions of
			 OAR 839-005-0205(1)(a) to (d) and
			 (f) that prohibit actions based upon sex,
			 sexual orientation or familial status do not apply to the renting of space
			 within a single-family residence if the owner actually maintains and occupies
			 the residence as the owner's primary residence and all occupants share some
			 common space within the residence.
(3)
(a) OAR
			 839-005-0205 does not apply to
			 familial status distinction, discrimination or restriction with respect to
			 housing for older persons.
(b) As
			 used in this subsection, "housing for older persons" means housing:
(A) Provided under any state or federal
			 program that is specifically designed and operated to assist elderly persons,
			 as defined by the state or federal program;
(B) Intended for, and solely occupied by,
			 persons 62 years of age or older; or
(C) Intended and operated for occupancy by at
			 least one person 55 years of age or older per unit. Housing qualifies as
			 housing for older persons under this subparagraph if:
(i) At least 80 percent of the dwellings are
			 occupied by at least one person 55 years of age or older per unit; and
(ii) Policies and procedures that
			 demonstrate an intent by the owner or manager to provide housing for persons 55
			 years of age or older are published and adhered to.
(c) Housing does not fail to meet
			 the requirements for housing for older persons if:
(A) Persons residing in the housing as of
			 September 13, 1988, do not meet the requirements of paragraph (b)(B) or (C) of
			 this subsection. However, new occupants of such housing will meet the age
			 requirements of paragraph (b)(B) or (C) of this subsection; or
(B) The housing includes unoccupied units
			 that are reserved for occupancy by persons who meet the age requirements of
			 paragraph (b)(B) or (C) of this subsection.
(d) Nothing in this section limits the
			 applicability of any reasonable local, state or federal restrictions regarding
			 the maximum number of occupants permitted to occupy a dwelling.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0215 - Religious Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
It is not an unlawful practice for a bona fide church or other
				religious institution to take any action with respect to housing based on a
				bona fide religious belief about sexual orientation as long as the housing is
				closely connected with or related to the primary purpose of the church or
				institution and is not connected with a commercial or business activity that
				has no necessary relationship to the church or institution (see OAR
				839-005-0031).
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103,
				  659A.142 &
				  659A.145,
				  659A.421,
				  42 U.S.C. §
											3601-3617
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0220 - Discrimination in Real Property Transactions Against Individuals Based on Disabilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Individuals protected from discrimination on the basis of disability in real
			 property transactions include any individual with a disability associated with
			 a purchaser.
(2) In addition to the
			 prohibitions in OAR 839-005-0205, discrimination in
			 real property transactions based on an individual's disability includes, but is
			 not limited to:
(a) Failure to design and
			 construct a covered multifamily dwelling as required by the Fair Housing Act
			 (42 U.S.C.
			 3601 et seq.);
(b) Refusing to permit, at the expense of an
			 individual with a disability, reasonable modifications of existing premises
			 occupied or to be occupied by that individual if such modifications may be
			 necessary to afford that individual full enjoyment of the premises, except
			 that, in the case of rental, the landlord may, where it is reasonable to do so,
			 condition permission for modification on the renter agreeing to restore the
			 interior of the premises to the condition that existed before the modification,
			 reasonable wear and tear excepted;
(A) In the
			 case of a rental, a disabled renter is only required to restore the interior
			 premises to the condition that existed before the modification when the
			 landlord required restoration as a condition to granting the disabled renter's
			 reasonable modification request.
(c) Refusing to make reasonable
			 accommodations in rules, policies, practices or services when such
			 accommodations may be necessary to afford an individual with a disability equal
			 opportunity to use and enjoy a dwelling;
(A)
			 A housing provider may not require verification of the disability-related need
			 for a requested accommodation if that need is readily apparent or otherwise
			 known;
(B) If a disability or a
			 disability-related need for a requested accommodation is not readily apparent
			 or otherwise known, the provider may request only information that is necessary
			 to evaluate the disability-related need for the accommodation;
(C) It is a violation of this section for a
			 housing provider to refuse to permit a disabled person to live in a covered
			 dwelling with an animal that mitigates one or more of the person's
			 disability-related needs, except when a specific animal poses a direct threat
			 to the health or safety of other individuals and the threat cannot be
			 eliminated or significantly reduced; and
(D) A housing provider may not charge a
			 resident or applicant deposits or other fees for keeping an animal covered
			 under this section.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0300 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 345.240 prohibits unlawful
			 discrimination by career schools licensed under ORS
			 345.010 to
			 345.450.
(2) A violation of ORS
			 345.240 is an unlawful practice
			 under ORS chapter 659A. The provisions of ORS Chapter 659A that apply to
			 unlawful practices, apply to alleged violations of ORS
			 345.240, including but not
			 limited to ORS 659A.030(1)(f)
			 and 659A.800 through
			 659A.865.
(3) Any individual claiming to be aggrieved
			 by an unlawful practice including a violation of ORS
			 345.240 may file a complaint
			 with the Commissioner of the Bureau of Labor and Industries under ORS
			 659A.820.
(4) The Civil Rights Division of the Bureau
			 of Labor and Industries enforces ORS
			 345.240. These rules implement
			 and interpret ORS 345.240.
Stat. Auth.: ORS
				  651.060
Stats. Implemented: ORS
				  345.240
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0305 - Definitions: Career Schools

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				345.240 and these rules:
(1) "Agent" means an individual who:
(a) Is employed by or for a career school, or
			 is working on behalf of the school under a contract, for the purpose of
			 procuring students, enrollees or subscribers of the school by solicitation in
			 any form that is made at a place or places other than the school office or
			 place of business of the school; or
(b) At the request of a career school or
			 under a contract with a career school, provides information technology services
			 for the school and has control over information technology systems that are
			 used for the purpose of procuring students, enrollees or subscribers of the
			 school by solicitation in any form that is made by technology that is accessed
			 at a place or places other than the school office or place of business of the
			 school.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0310 - Unlawful Discrimination by Career Schools or Agents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No career school or its agent may, based
			 on the protected classes of age, disability, national origin, race, color,
			 marital status, religion, sex or sexual orientation of an individual or any
			 other individual with whom that individual associates:
(a) Refuse admission to any individual;
(b) Discriminate in any aspect of
			 admission or enrollment against any individual;
(c) Discriminate in giving instruction to any
			 individual;
(d) Discriminate in
			 requirements for or the provision of aid, benefits, or services;
(e) Discriminate in application of rules of
			 behavior, sanctions, or any other treatment; or
(f) Otherwise limit any individual in the
			 enjoyment of any right, privilege, advantage, or opportunity.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0320 - Authority of Superintendent of Public Instruction Related to Complaints under ORS 345.240

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 ORS 345.120, the Superintendent of
			 Public Instruction of the State of Oregon has authority to suspend or revoke
			 licenses of career schools violating ORS
			 345.010 to
			 345.450 or any applicable rule.
			 A certified copy of a finding by the Commissioner of the Bureau of Labor and
			 Industries in a contested case proceeding under ORS
			 659A.850 that the school has
			 violated ORS 345.240 is adequate proof of the
			 violation.
(2) Pursuant to ORS
			 345.060, the Superintendent of
			 Public Instruction may accept service of all actions or proceedings brought
			 against a career school not domiciled in Oregon.
Stat. Auth.: ORS
				  651.060
Stats. Implemented: ORS
				  345.240,
				  345.120 &
				  345.060
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0325 - Retaliation or Discrimination by Career Schools Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to, ORS
				659.852(1)(b),
				it is an unlawful practice for a career school or its agent to retaliate or
				discriminate against any individual because the individual has in good faith
				reported information that the student believes is evidence of a violation of a
				state or federal law, rule or regulation.
Stat. Auth.: ORS
				  651.060
Stats. Implemented: ORS
				  345.240 &
				  659.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0400 - Unlawful Employment Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is an unlawful employment practice for an employer to:
(a) Require or request an employee or an
			 applicant for employment to establish or maintain a personal social media
			 account, or to disclose or to provide access through the employee's or
			 applicant's user name and password, password or other means of authentication
			 that provides access to a personal social media account;
(b) Require an employee or an applicant for
			 employment to authorize the employer to advertise on the personal social media
			 account of the employee or applicant;
(c) Compel an employee or applicant for
			 employment to add the employer or an employment agency to the employee's or
			 applicant's list of contacts associated with a social media website;
(d) Except as provided in subsection (4)(b)
			 of this section, compel an employee or applicant for employment to access a
			 personal social media account in the presence of the employer and in a manner
			 that enables the employer to view the contents of the personal social media
			 account that are visible only when the personal social media account is
			 accessed by the account holder's user name and password, password or other
			 means of authentication;
(e) Take,
			 or threaten to take, any action to discharge, discipline or otherwise penalize
			 an employee for the employee's refusal to disclose, or to provide access
			 through, the employee's user name and password, password or other means of
			 authentication that is associated with a personal social media account, to add
			 the employer to the employee's list of contacts associated with a social media
			 website or to access a personal social media account as described in subsection
			 (7); or
(f) Fail or refuse to hire
			 an applicant for employment because the applicant refused to disclose, or to
			 provide access through, the applicant's user name and password, password or
			 other means of authentication that is associated with a personal social media
			 account, to add the employer to the applicant's list of contacts associated
			 with a social media website or to access a personal social media account as
			 described in subsection (7).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0100 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Civil Rights Division of the Bureau of Labor and Industries enforces the
			 provisions of ORS 659A.040 to
			 659A.052, prohibiting
			 discrimination against employees who use the Workers' Compensation statutes and
			 providing specific reinstatement and reemployment requirements.
(2) It is an unlawful employment practice for
			 an employer to discriminate against a worker injured on the job who applies for
			 benefits under or in other ways invokes or uses the Oregon Workers'
			 Compensation system. An employer may not discriminate against workers who have
			 testified, are about to give testimony, or who are perceived as having
			 testified in connection with Oregon Workers' Compensation procedures or civil
			 procedures pursuant to ORS
			 659A.040,
			 659A.043,
			 659A.046.
(3) A worker or injured worker claiming a
			 violation under Oregon's injured worker statutes may file a complaint with the
			 Civil Rights Division as provided in OAR
			 839-003-0025.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.040 - ORS
				  659A.052
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Attending
			 physician" means a physician or physician's assistant primarily responsible for
			 the treatment of a worker's on-the-job injury as described in ORS
			 656.005(12).
(2) "Authorized nurse practitioner" means a
			 nurse practitioner authorized to provide compensable medical services under ORS
			 656.245.
(3) "Bureau" means the Bureau of Labor and
			 Industries.
(4) "Demand" means the
			 injured worker informing the employer that the worker seeks reinstatement or
			 reemployment.
(5) "Division" means
			 the Civil Rights Division of the Bureau of Labor and Industries.
(6) "Injured worker" means a worker who has a
			 compensable injury as defined in ORS
			 656.005(7)(a).
			 Injured worker, for purposes of ORS
			 659A.040, includes a worker who
			 has invoked the protection of the Oregon Workers' Compensation statutes.
			 Injured worker, for the purposes of reinstatement rights under ORS
			 659A.043, does not include:
(a) a worker hired on a temporary basis as a
			 replacement for an injured worker;
(b) a seasonal worker hired for and actually
			 employed for less than six months in a calendar year; or
(c) a worker whose employment at the time of
			 the injury resulted from working short terms of employment as the result of
			 referral by a hiring hall operating pursuant to a collective bargaining
			 agreement.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0115 - Covered Employees and Employers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided in ORS
			 659A.040, an employer may not
			 discriminate against employees or applicants with respect to hire or tenure or
			 any term or condition of employment because the worker has applied for benefits
			 or invoked or utilized the procedures provided for in ORS chapter 656 or ORS
			 659A.040 to
			 659A.052 or has given testimony,
			 is about to give testimony or is perceived as having testified under the
			 provisions of such sections. As provided in ORS
			 659A.046, an employer must
			 reemploy an injured worker who is unable to perform the duties of the worker's
			 former position to an available, suitable position. "Employer" for the purposes
			 of ORS 659A.040 and
			 659A.046 includes persons
			 employing six or more employees on a full-time, part-time or seasonal basis at
			 one of the following times:
(a) At the time
			 of the worker's on-the-job injury;
(b) At the time of the injured worker's
			 demand for reemployment under ORS
			 659A.046; or
(c) At the time of the discriminatory act
			 alleged under ORS 659A.040.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0117 - Prohibited Discrimination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 659A.040, unlawful employment
			 practices include:
(a) Refusal to hire or
			 promote, to bar or discharge from employment or to discriminate in
			 compensation, terms, conditions or privileges of employment because a person
			 applies for benefits under or in other ways invokes or uses Oregon Worker's
			 Compensation system as provided for in ORS Chapter 656.
(b) Discriminating against a person who has
			 testified, is about to give testimony, or who is perceived as having testified
			 in connection with Oregon Worker's Compensation procedures or civil procedures
			 pursuant to ORS 659A.040,
			 659A.043 and
			 659A.046.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0130 - Injured Worker Reinstatement Under ORS 659A.043

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer with 21 or more employees at
			 the time of a worker's on-the-job injury or at the time an injured worker
			 demands reinstatement to the former position must reinstate the worker to the
			 worker's former position if:
(a) The injured
			 worker's former position still exists (has not been eliminated for bona fide
			 reasons). The former position "exists" even though the position may have been
			 renamed or reclassified;
(b) The
			 injured worker's former position is available. A worker's former position is
			 "available" even if that position has been filled by a replacement worker while
			 the injured worker was absent and regardless of the employer's possible
			 preference for the replacement worker;
(c) The injured worker is not disabled from
			 performing the duties of the former position; and
(d) Timely demand is made as provided in OAR
			 839-006-0130(5)(d).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0131 - Loss of Reinstatement Rights Under ORS 659A.043

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An injured worker meeting the
			 requirements for reinstatement under ORS
			 659A.043 loses the right to
			 reinstatement to the worker's former position when any of the following occurs:
(a) A medical determination by the attending
			 physician or, after an appeal of such determination, by a medical arbiter or
			 panel of medical arbiters pursuant to ORS chapter 656, that the worker cannot
			 return to the former position of employment;
(b) The worker is eligible for and
			 participates in vocational assistance under ORS
			 656.340;
(c) The worker accepts suitable employment
			 with another employer after becoming medically stationary;
(d) The worker refuses a bona fide offer from
			 the employer of light duty of modified employment which is suitable prior to
			 becoming medically stationary, except as provided under section (2) of this
			 rule;
(e) Seven days elapse from
			 the date that the worker is notified by the insurer or self-insured employer by
			 certified mail that the worker's attending physician or an authorized nurse
			 practitioner has released the worker for employment unless the worker requests
			 reinstatement within that time period;
(f) Three years elapse from the date of
			 injury;
(g) The worker is
			 discharged for bonafide reasons not connected with the injury and for which
			 others are or would be discharged; or
(h) The worker clearly and unequivocally
			 abandons employment with the employer.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0135 - Injured Worker Reemployment Under ORS 659A.046

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer with six or more employees at
			 the time of the worker's on-the-job injury or at the time of the injured
			 worker's demand for reemployment must reemploy an injured worker disabled from
			 performing the duties of the worker's former regular employment to an
			 available, suitable position if:
(a) The
			 injured worker is medically released to perform the duties of the available,
			 suitable position; and
(b) Timely
			 demand is made as provided in OAR
			 839-006-0135(8)(d).
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0136 - Loss of Reemployment Rights Under ORS 659A.046

Current through Register Vol. 63, No. 7, July 1, 2024
An injured worker meeting the requirements for reemployment
				under ORS 659A.046 loses the right to
				reemployment to an available, suitable position when any of the following
				occurs:
(1) A medical determination by
			 the attending physician or authorized nurse practitioner or, after an appeal of
			 such determination, by a medical arbiter or panel of medical arbiters pursuant
			 to ORS chapter 656, that the worker cannot return to any position of
			 reemployment with the employer.
(2)
			 The worker is eligible for and participates in vocational assistance under ORS
			 656.340;
(3) The worker accepts suitable employment
			 with another employer after becoming medically stationary;
(4) The worker refuses a bona fide offer from
			 the employer of light duty or modified employment that is suitable prior to
			 becoming medically stationary. Except that a worker who refuses an offer of
			 employment under this section, and who otherwise is entitled to Oregon Family
			 Leave Act (OFLA) leave under ORS
			 659A.150 to
			 659A.186:
(a) Automatically commences a period of OFLA
			 leave upon refusing the offer of employment; and
(b) Need not give notice to the employer that
			 would otherwise be required under OAR
			 839-009-0250 that the employee
			 is commencing a period of OFLA leave. See ORS
			 659A.162 and ORS
			 659A.046;
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0145 - Suitable Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 employer required to return an injured worker to a vacant, suitable position
			 under ORS 659A.043 or an available,
			 suitable position under 659A.046, is not required to offer the worker a
			 selection of suitable positions.
(2) In determining whether a particular
			 position is suitable, the division will consider the employer's size,
			 diversity, nature and pattern of position openings and whether the injured
			 worker is qualified to perform the position.
(3) "Qualified" means:
(a) The injured worker meets minimum
			 standards used by the employer to fill the position;
(b) The injured worker has performed the
			 position in an acceptable manner; or
(c) The injured worker would be qualified for
			 the position with the same training given to another worker newly placed in the
			 position.