reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0040 - Amendment of Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 section does not apply to housing discrimination complaints under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a). Complaints of housing discrimination must be amended in accordance with OAR
			 839-003-0205.
(2) The division may
			 amend a complaint to correct technical defects and to add additional persons as
			 respondents. The division may amend a complaint on its own initiative or at the
			 aggrieved person's request (with the division's agreement) at any time prior to
			 the issuance of formal charges, except that respondents may only be added
			 during the course of investigation. Examples of technical defects include:
			 clerical errors, additions or deletions, name and address corrections, and
			 statute or rule citation errors.
(3) A complaint may be amended to add a
			 protected class only if the addition is supported by facts already alleged. New
			 facts may not be added. If new facts are alleged, the aggrieved person must
			 file a new complaint meeting the standards provided in OAR
			 839-003-0005(5).
(4) Amended complaints need not be
			 verified or signed by the aggrieved person.
(5) The division will send a copy of the
			 amended complaint to the aggrieved person and all respondents.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.820
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0045 - Withdrawal of Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule does not apply to housing discrimination complaints under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a). The withdrawal of a housing discrimination complaint is addressed in OAR
			 839-003-0210.
(2) An aggrieved
			 person may voluntarily withdraw a complaint at any time by giving the division
			 written notice of the aggrieved person's decision to withdraw. If the aggrieved
			 person wants a federal "right to sue letter," the aggrieved person must provide
			 a written request to EEOC or to the division. If the aggrieved person makes the
			 request to the division, the division will forward the request to EEOC.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0050 - Administrative Dismissal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 section does not apply to housing discrimination complaints under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a). Administrative dismissal of a housing discrimination complaint is addressed
			 in OAR 839-003-0215.
(2) The
			 division will dismiss the complaint if it determines that the bureau has no
			 jurisdiction over the allegations of the complaint.
(3) The division may dismiss the complaint if
			 the aggrieved person files a proceeding, based on the same set of facts, with
			 another state or federal agency having the authority to provide remedy to the
			 aggrieved person for the alleged discrimination.
(4) If an aggrieved person or the aggrieved
			 person's attorney fails to cooperate with the division, the division may
			 dismiss the complaint.
(5) The
			 aggrieved person must notify the division in writing of address and telephone
			 number changes. When an aggrieved person cannot be located by reasonable
			 efforts, the division may dismiss the complaint.
(6) The division will dismiss a complaint
			 unless substantial evidence of unlawful discrimination is found. Such dismissal
			 notice will include a statement that the complaint has been dismissed and a
			 notice of the aggrieved person's right to file a civil action, if such right
			 exists.
(7) The division will
			 dismiss complaints alleging violation of federal discrimination statutes
			 administered by EEOC (see OAR
			 839-003-0015) in accordance with
			 federal requirements.
(8) The
			 division may elect to administratively dismiss a complaint without
			 investigation. In such instances, the division will notify the aggrieved person
			 and respondent of the dismissal and issue notice of the aggrieved person's
			 right to file a civil action, if such right exists.
(9) The division will dismiss a complaint if
			 it learns that the aggrieved person has filed a civil action alleging the same
			 matters, as provided in OAR
			 839-003-0020.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  30.680,
				  659A.835,
				  659A.850 &
				  659A.870 -
				  659A.885
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0055 - Conciliation Agreements Prior to Completion of the Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
As used in enforcing ORS chapter 659A, including housing
				discrimination under ORS
				659A.145 or
				659A.421 or the federal Fair
				Housing Act (42 U.S.C.
				3601 - 3614a):
(1) The division encourages aggrieved persons
			 and respondents to resolve complaints by mutual agreement at any time. The
			 division will facilitate settlement negotiations between the aggrieved person
			 and respondent, as provided in this rule, at any time during the investigation.
(2) If the aggrieved person and
			 respondent agree upon settlement, the division will draft a settlement
			 agreement that states:
(a) That a "no fault"
			 settlement has been reached;
(b)
			 That the aggrieved person, the respondent and the Civil Rights Division accept
			 the terms of the agreement as a resolution of the complaint;
(c) The specific action(s) the aggrieved
			 person and respondent will take as a result of the complaint settlement and the
			 time within which the action(s) will be taken; and
(d) That the division may investigate any
			 alleged breach of the agreement.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0060 - Fact-Finding Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to complaints of unlawful practices, including housing
			 discrimination under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a).
(2) At its discretion, the
			 division may hold a fact-finding conference. This conference may encompass part
			 or all of the division's investigation of the complaint. The aggrieved person
			 and the respondent will attend the conference and a division representative
			 will conduct the conference. The purposes of the conference will be to:
(a) Review evidence regarding the complaint;
(b) Identify the undisputed
			 elements of the complaint;
(c)
			 Define and, if possible, resolve the disputed elements of the complaint; and
(d) Attempt to settle the
			 complaint.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0070 - Settlement Process After Substantial Evidence Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This section
			 does not apply to housing discrimination complaints under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 - 3614a). The settlement process after a
			 substantial evidence determination in housing discrimination complaints is
			 addressed in OAR 839-003-0225.
(2)
			 If the division finds substantial evidence of unlawful practices, the division
			 may seek to eliminate the effects of the unlawful discriminatory act(s) by
			 conference, settlement and persuasion. The division will facilitate settlement
			 negotiations between the aggrieved person and respondent as provided in OAR
			 839-003-0055.
(3) If no settlement agreement is reached in
			 the period of time set aside for settlement after a substantial evidence
			 determination, the division retains the discretion to further negotiate
			 settlement, administratively dismiss the complaint, or proceed to a contested
			 case hearing.
(4) The aggrieved
			 person may withdraw the aggrieved person's own complaint at any time.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.835 &
				  659A.840
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0080 - Access to Records in Investigative Files

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Investigatory information relating to any
			 complaint filed under ORS
			 659A.820 or
			 659A.825, until such time as the
			 complaint is resolved under ORS
			 659A.835, or a final order is
			 issued under ORS 659A.850, is exempt from
			 disclosure under Oregon Public Records Law (ORS
			 192.410 to
			 192.505) unless the public
			 interest requires disclosure in the particular instance, as determined by the
			 division.
(2) Section (1) of this
			 rule applies to all records in the investigative file of a complaint other than
			 the complaint document.
(3)
			 Notwithstanding sections (1) and (2) of this rule, [However,] an aggrieved
			 person, respondent or witness interviewed by the division may request a copy of
			 the summary report of the individual's own interview, and may request to
			 inspect or receive copies of records that the individual has given to the
			 division.
(4) After a complaint is
			 closed, any person may request to inspect or obtain a copy of the file as
			 provided under Oregon Public Records Law by following the procedures set out by
			 the division in the case closing letter, or by following the procedures for
			 requesting public records as set out on the Bureau of Labor and Industries's
			 web site at
http://www.oregon.gov/boli/Pages/Public-Records-Requests/Landing.aspx
.
(5) The division will not disclose
			 information prohibited from disclosure by ORS
			 659A.840(6) or
			 by any other state or federal law or under any contractual agreement between
			 the bureau and federal, state and local agencies.
(6) An aggrieved person's or respondent's
			 designation of information as confidential will not supersede the Oregon Public
			 Records Law.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  192.440(3)
				  & 192.501(8)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0085 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
As used in enforcing ORS chapter 659A, including housing
				discrimination under ORS
				659A.145 or
				659A.421 or the federal Fair
				Housing Act (42 U.S.C.
				3601 -
				3614
				a):
(1) The commissioner or the
			 commissioner's designee may issue a subpoena to require:
(a) The presence and testimony of witnesses;
(b) The production of evidence,
			 including but not limited to books, records, correspondence or documents in the
			 possession or under the control of the person subpoenaed; and
(c) Access to evidence to be examined or
			 copied.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0090 - Remedy: Employment and Public Accommodation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This section does not apply to housing
			 discrimination complaints under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601-
			 3614a). Remedies in complaints of
			 housing discrimination are addressed in OAR
			 839-003-0230.
(2) In cases of unlawful employment
			 practices, remedy includes, but is not limited to:
(a) Employment or reemployment;
(b) Wages or other benefits lost due to the
			 unlawful practice;
(c)
			 Out-of-pocket expenses attributable to the unlawful practice;
(d) Compensation for emotional distress and
			 impaired personal dignity; and
(e)
			 Interest.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0095 - Enforcement of Settlement Agreements and Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This section does not apply to housing
			 discrimination complaints under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a). Enforcement of settlement agreements and orders in housing cases is
			 addressed in OAR 839-003-0240.
(2)
			 The commissioner or any person aggrieved by the violation of the terms and
			 conditions of any settlement agreement may file a civil action or an action for
			 a writ of mandamus alleging breach of a settlement agreement to which the
			 division is a party as provided under ORS
			 659A.840 and
			 659A.860 in the manner provided
			 by ORS 659A.885(3) for
			 unlawful practices.
(3) The
			 commissioner and any person aggrieved by the violation of the terms and
			 conditions of a cease and desist order issued by the commissioner whether by a
			 respondent or by any agent or successor in interest of the respondent, may
			 bring a civil action in the manner provided by ORS
			 659A.885(3) and
			 recover the same relief as provided by ORS
			 659A.885(3) for
			 unlawful practices.
(4) An
			 aggrieved person may also file a complaint with the commissioner to seek
			 enforcement of a settlement agreement to which the division is a party, within
			 one year after the act or omission alleged to be a violation of the agreement.
			 The commissioner will process the complaint in the same manner as provided for
			 a complaint filed under ORS
			 659A.820.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.850,
				  659A.860 &
				  659A.865
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0100 - Commissioner's Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 section does not apply to housing discrimination complaints under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a). Commissioner's complaints of housing discrimination are addressed in OAR
			 839-003-0245.
(2)The commissioner
			 of the Bureau of Labor and Industries may make, sign and file a complaint
			 whenever the commissioner has reason to believe that any person or group of
			 persons has been denied rights due to an unlawful practice or employment
			 practice. The complaint will be processed in the same manner as any other
			 complaint filed under OAR
			 839-003-0025.
(3) The commissioner may identify an
			 aggrieved person or persons in a commissioner's complaint, by name, pseudonym
			 or by general description as being aggrieved by an alleged unlawful practice or
			 otherwise similarly situated to a person eligible to file a complaint under ORS
			 659A.820.
(4) Any cease and desist order issued in a
			 proceeding in which the commissioner filed a complaint may, in addition to any
			 other action authorized by law, include remedies for an aggrieved person or
			 persons.
(5) In the matter of
			 concurrent complaints, nothing in these rules will be construed to:
(a) Require or prohibit the filing of a
			 commissioner's complaint involving the same or similar issues or allegations
			 stated in any other complaint filed with the division or circuit court by an
			 individual under ORS 659A.820,
			 659A.825, or
			 659A.885;
(b) Require or prohibit the continued
			 processing or initiation of a commissioner's complaint in the event that a
			 complaint filed with the division or circuit court by an individual under ORS
			 659A.820,
			 659A.825, or
			 659A.885, is resolved or
			 dismissed, with or without remedy to the individual; or
(c) Alter or limit an individual's private
			 right of action provided under ORS
			 659A.870 to
			 659A.885.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0200 - Filing a Complaint Under State and Federal Housing Discrimination Laws

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An aggrieved
			 person alleging an unlawful practice under ORS
			 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a) includes a person alleging they have 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.
(2) An aggrieved person alleging unlawful
			 practices under ORS 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a), or the person's attorney, or the commissioner may file a complaint, in
			 person or by mail, with the division at any bureau office in the state of
			 Oregon. Complaint means a written statement signed by the aggrieved person
			 that:
(a) Gives the name and address of the
			 aggrieved person and the respondent;
(b) Describes the acts or omissions alleged
			 to be an unlawful practice, including those acts or omissions the aggrieved
			 person believes are about to occur and;
(c) Describes how the aggrieved person was
			 harmed or will be harmed by such actions.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0205 - Amending a Housing Discrimination Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The division may amend a complaint to
			 correct technical defects, to add additional persons as respondents and to add
			 additional information found during the investigation of a complaint, including
			 new factual allegations. The division may amend a complaint on its own
			 initiative or at the aggrieved person's request (with the division's agreement)
			 at any time prior to the issuance of formal charges, except that respondents
			 may only be added during the course of investigation. Examples of technical
			 defects include: clerical errors, additions or deletions, name and address
			 corrections, and statute citation errors.
(2) Within 10 days after identifying an
			 additional person who will named as a respondent, the division will serve the
			 person with a copy of the complaint that identifies the alleged discriminatory
			 housing practice and a notice that advises the person of the procedural rights
			 and obligations of the person, including the person's right to file an answer
			 to the complaint.
(a) Such notice, in
			 addition to meeting the requirements of subsection (1)(a), will explain the
			 basis for the division's belief that the person to whom the notice is addressed
			 is properly joined as a respondent.
(b) Each respondent may file, not later than
			 10 days after receipt of notice from the division, an answer to such complaint.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0210 - Withdrawal of a Housing Discrimination Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
An aggrieved person may voluntarily withdraw a complaint at any
				time by giving the division written notice of the aggrieved person's decision
				to withdraw. The division will then close the case.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.145,
				  659A.421
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0215 - Administrative Dismissal of a Housing Discrimination Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The division
			 will dismiss the complaint if it determines that the bureau has no jurisdiction
			 over the allegations of the complaint.
(2) If an aggrieved person or the aggrieved
			 person's attorney fails to cooperate with the division, the division may
			 dismiss the complaint.
(3) The
			 aggrieved person will notify the division in writing of address and telephone
			 number changes. When an aggrieved person cannot be located by reasonable
			 efforts, the division may dismiss the complaint.
(4) The division will dismiss a complaint
			 unless substantial evidence of unlawful practices is found. The division will
			 provide written notice of such dismissal to the aggrieved person and
			 respondent.
(5) The division
			 cannot issue a finding of substantial evidence of discrimination after an
			 aggrieved person has filed a civil action alleging the same matters as provided
			 in OAR 839-003-0235, and the trial for
			 the civil action has commenced.
(6) The division will dismiss complaints
			 alleging discrimination under the federal Fair Housing Act (42
			 U.S.C. 3601 -
			 3614
			 a) administered by the U.S. Department of Housing and Urban Development in
			 accordance with federal requirements.
(7) The division will notify the aggrieved
			 person in writing of the right to file a civil action in state court, as
			 provided in ORS 659A.870 to
			 659A.885, when a complaint is
			 dismissed by the division. An aggrieved person filing a civil action against a
			 public body must also file a tort claim notice as required by ORS
			 30.275.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  30.680,
				  659A.145,
				  659A.421,
				  659A.835,
				  659A.850 &
				  659A.870 -
				  659A.885
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0220 - Housing Discrimination Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The division will investigate the
			 allegations contained in any complaint filed under ORS
			 659A.820 or
			 659A.825 alleging an unlawful
			 practice under ORS 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a) to determine whether there is substantial evidence of unlawful
			 discrimination. The division will determine the method by which complaints will
			 be investigated or otherwise processed. The division will not investigate
			 allegations occurring more than one year prior to the date the complaint was
			 filed unless the allegations constitute a continuing violation or the
			 circumstances occurring more than one year prior to the date the complaint was
			 filed pertain to timely allegations.
(2) The division will commence an
			 investigation of any complaint alleging an unlawful practice under ORS
			 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a) within 30 days after the timely filing of the complaint.
(3)
(a) At
			 the end of each investigation of a complaint alleging an unlawful practice
			 under ORS 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a) the division will prepare a final investigative report containing:
(A) The names and dates of the contacts with
			 witnesses;
(B) A summary and the
			 dates of correspondence and other contacts with the aggrieved person and the
			 respondent;
(C) A summary
			 description of other pertinent records;
(D) A summary of witness statements; and
(E) Answers to interrogatories.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0225 - Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During
			 the period beginning with the filing of a complaint and ending with the filing
			 of a charge or a dismissal by the division, the division will, to the extent
			 feasible, seek to eliminate the effects of the unlawful discriminatory act(s)
			 by engaging in conciliation, settlement and persuasion. The division will
			 facilitate any settlement negotiations between the aggrieved person and
			 respondent as provided in OAR
			 839-003-0055.
(2) Nothing said or done in the course of
			 settlement discussions concerning a complaint alleging an unlawful practice
			 under ORS 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a) may be disclosed under ORS 192.410 to 192.505 (the Oregon Public Records
			 Act) or in any other manner, or used as evidence in a subsequent proceeding
			 under this chapter or the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a) without the written consent of the persons concerned.
(3) If no settlement agreement is reached,
			 the division retains the discretion to further negotiate settlement,
			 administratively dismiss the complaint, or proceed to a contested case hearing.
(4) The aggrieved person may
			 withdraw the aggrieved person's complaint at any time.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.145,
				  659A.421,
				  659A.835,
				  659A.840
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0230 - Remedies in Housing Discrimination Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In cases of unlawful practices in
			 housing, remedy includes, but is not limited to:
(a) Rental, lease or sale of real property;
(b) Service lost;
(c) Expenses or lost benefits attributable to
			 the unlawful practice;
(d)
			 Compensation for emotional distress and for impaired personal dignity; and
(e) Interest.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0235 - Civil Action under State and Federal Housing Law

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An aggrieved person alleging an unlawful
			 practice under ORS 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a) may file a civil action as provided in ORS 659A.870 to 659A.885, or ORS
			 30.680. A person is not required to file a complaint of a violation of state
			 law with the division before filing a civil action.
(2) A civil action alleging an unlawful
			 practice under ORS 659A.145 or
			 659A.421 or discrimination under
			 the federal Fair Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a), may be filed no later than two years after the occurrence or termination of
			 an alleged discriminatory housing practice, or within two years after the
			 breach of any settlement agreement entered into under ORS
			 659A.840, whichever occurs last.
			 The two-year period may not include any time during which an administrative
			 proceeding was pending with respect to the housing practice.
(3) After filing a complaint with the
			 division, an aggrieved person may file a civil action in state or federal court
			 alleging the same matters as those alleged in the complaint filed with the
			 division. The aggrieved person should notify the division of the civil action.
			 When the division receives notice from the aggrieved person or aggrieved
			 person's attorney, or court documents indicating that a civil action has been
			 filed, the division will not dismiss the complaint until the civil trial
			 commences. The division will notify the aggrieved person and respondent that
			 the division has dismissed the complaint and will take no further action.
(4) If formal charges have been
			 issued with respect to a housing discrimination complaint, and an
			 administrative law judge has commenced a hearing on the record under ORS
			 chapter 659A, the aggrieved person may not commence a civil action in court
			 that alleges the same matters.
(5)
			 When the commissioner of the Bureau of Labor and Industries or the attorney
			 general of the State of Oregon has reasonable cause to believe that a person or
			 group of persons is engaged in a pattern or practice of resistance to the
			 rights protected by ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a), the commissioner or the attorney general may file a civil action on behalf
			 of the aggrieved individuals in the same manner as an individual or group of
			 individuals may file a civil action under ORS 659A.885.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.800 -
				  659A.890
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0240 - Enforcement of Settlement Agreements and Orders in Housing Discrimination Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commissioner or any person aggrieved by violation of the terms of a settlement
			 agreement to which the division is a party, may file a civil action or an
			 action for a writ of mandamus as provided under ORS
			 659A.840 and
			 659A.860 in the manner provided
			 by ORS 659A.885(3).
(2) Any person aggrieved by the
			 violation of terms of a settlement agreement to which the division is a party,
			 may file a complaint with the commissioner to seek enforcement within one year
			 after the act or omission alleged to be a violation of the agreement. The
			 commissioner will process the complaint in the same manner as provided for a
			 complaint filed under ORS
			 659A.820.
(3) The commissioner or any person aggrieved
			 by violation of an order issued by the commissioner, may file a civil action or
			 an action for a writ of mandamus as provided under ORS
			 659A.840 and
			 659A.860.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.145,
				  659A.421,
				  659A.850,
				  659A.860,
				  659A.865
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 3 - CIVIL RIGHTS COMPLAINT PROCEDURES › Section 839-003-0245 - Commissioner's Complaint in Housing Discrimination Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commissioner of the Bureau of Labor
			 and Industries may make, sign and file a complaint whenever the commissioner
			 has reason to believe that any person or group of persons has been denied
			 rights or is about to be denied rights due to an unlawful practice under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 3601 -
			 3614
			 a). The complaint will be processed in the same manner as any other complaint
			 filed under OAR 839-003-0200.
(2)
			 The commissioner may identify an aggrieved person or persons in a
			 commissioner's complaint, by name, pseudonym or by general description as being
			 affected by an alleged unlawful practice or otherwise similarly situated to a
			 person eligible to file a complaint under ORS
			 659A.820.
(3) Any cease and desist order issued in a
			 proceeding in which the commissioner filed a complaint may, in addition to any
			 other action authorized by law, include remedies for an aggrieved person or
			 persons.
(4) In the matter of
			 concurrent complaints, nothing in these rules will be construed to:
(a) Require or prohibit the filing of a
			 commissioner's complaint involving the same or similar issues or allegations
			 stated in any other complaint filed with the division or circuit court by an
			 individual under ORS 659A.820,
			 659A.825, or
			 659A.885;
(b) Require or prohibit the continued
			 processing or initiation of a commissioner's complaint in the event that a
			 complaint filed with the division or circuit court by an individual under ORS
			 659A.820,
			 659A.825, or
			 659A.885, is resolved or
			 dismissed, with or without remedy to the individual; or
(c) Alter or limit an individual's private
			 right of action provided under ORS
			 659A.870 to
			 659A.885.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 4 - DISCRIMINATION FOR ACTIVITY PROTECTED BY THE OREGON SAFE EMPLOYMENT ACT › Section 839-004-0001

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  654.062(5),
				  659A.805
Stats. Implemented: ORS
				  654.062(5)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 4 - DISCRIMINATION FOR ACTIVITY PROTECTED BY THE OREGON SAFE EMPLOYMENT ACT › Section 839-004-0003 - Definitions: Discrimination for Opposition to Practices Prohibited by Oregon Safe Employment Act (OSEA)

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules and ORS
				654.062:
(1) "Discriminate" or "discrimination" means
			 to take an adverse action motivated by an employee or prospective employee's
			 conduct described in OAR
			 839-004-0016, including but not
			 limited to:
(a) Barring, discharging or
			 constructively discharging an employee or prospective employee from
			 employment;
(b) Treating an
			 employee or prospective employee worse than others in compensation, terms,
			 conditions or privileges of employment;
(c) Demoting, disciplining, failing to
			 promote, reducing pay, furloughing, reducing force, or otherwise taking action
			 that adversely affects the terms, conditions or privileges of employment of an
			 employee or prospective employee;
(d) Retaliating against or harassing an
			 employee or prospective employee; or
(e) Actions described in (a)-(d) of this
			 section taken against employees or prospective employees by any person, whether
			 or not the person is the individual's employer or prospective employer,
			 including but not limited to, labor organizations and employment
			 agencies.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 4 - DISCRIMINATION FOR ACTIVITY PROTECTED BY THE OREGON SAFE EMPLOYMENT ACT › Section 839-004-0004 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  654.062(5)
Stats. Implemented: ORS
				  654.062(5)
				  & ORS 659A.820
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 4 - DISCRIMINATION FOR ACTIVITY PROTECTED BY THE OREGON SAFE EMPLOYMENT ACT › Section 839-004-0011 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  654.062(5)
Stats. Implemented: ORS
				  654.062(5)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 4 - DISCRIMINATION FOR ACTIVITY PROTECTED BY THE OREGON SAFE EMPLOYMENT ACT › Section 839-004-0016 - Scope of Protection under ORS 654.062

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 654.062 prohibits discrimination
			 against an employee or prospective employee because the employee or prospective
			 employee:
(a) Made any complaint or
			 instituted or caused to be instituted any proceeding under or related to
			 OSEA;
(b) Testified or is about to
			 testify in any such proceeding;
(c)
			 Exercised on behalf of the employee or prospective employee, or others, any
			 right afforded by OSEA;
(d) Engaged
			 in a practice provided for by OSEA;
(e) Opposed any practice prohibited by OSEA
			 or which the employee or prospective employee in good faith believed was
			 prohibited by OSEA; or
(f) Is
			 perceived to take any actions described in subsections (a) through (e) of this
			 rule.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 4 - DISCRIMINATION FOR ACTIVITY PROTECTED BY THE OREGON SAFE EMPLOYMENT ACT › Section 839-004-0021 - Procedures for Complaints; Statutes of Limitation; Private Right of Action; Statutory Construction; Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employees or prospective employees
			 alleging violations of ORS
			 654.062(5) may
			 file a complaint with the Bureau of Labor and Industries.
(2)
(a) The
			 complaint must be filed with the Bureau within one year after the date on which
			 the employee or prospective employee has reasonable cause to believe they have
			 been discriminated against. The employee or prospective employee may establish
			 the date on which the employee or prospective employee had reasonable cause to
			 believe they have been discriminated against based on the employee's or
			 prospective employee's own statement or other evidence offered by the employee
			 or prospective employee.
(b) If the
			 employer disagrees with the date the employee had reasonable cause to believe
			 they have been discriminated against, the burden is on the employer to show
			 that the employee had reasonable cause to believe they have been discriminated
			 against at an earlier date.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0000 - 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
			 that unlawful discrimination on the basis of race, color, religion, sex, sexual
			 orientation, national origin, marital status, age, disability and other classes
			 protected under Oregon statutes is a matter of state concern and that such
			 discrimination threatens individual rights and privileges and menaces the
			 institutions and foundations of a free democratic state.
(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 of the Bureau of Labor and Industries (division) is responsible
			 for protecting individual rights through the enforcement of civil rights
			 statutes prohibiting unlawful practices.
(4) The purpose of these rules is to
			 implement, interpret and describe the division's approach to civil rights
			 enforcement under the bureau's jurisdiction.
(5) These rules apply to all inquiries and
			 complaints received by the division on or after the effective date of these
			 rules.
(6) An individual claiming a
			 violation of the civil rights statutes may file a complaint with the division
			 as provided in OAR 839-003-0025, or
			 839-003-0200 for complaints
			 alleging housing discrimination filed under ORS
			 659A.145,
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 §
									3601-3617).
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0003 - Definitions: Enforcement of Laws Prohibiting Unlawful Practices

Current through Register Vol. 63, No. 7, July 1, 2024
As used in enforcing ORS Chapter 659A, including housing
				discrimination under 659A.145 or 659A.421 or the federal Fair Housing Act
				(42 U.S.C.
				3601 -
				3617):
(1) "Aggrieved Person" means either:
(a) A person who is, or was at any time,
			 eligible to file a complaint under ORS
			 659A.820 or who is otherwise
			 similarly situated; or
(b) A person
			 who files a complaint under ORS
			 659A.825.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0005 - Unlawful Discrimination Defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To discriminate means to make a
			 distinction between individuals or groups based on common characteristics, real
			 or perceived. Certain kinds of discrimination are unlawful. Oregon civil rights
			 laws generally prohibit making decisions in employment, housing, places of
			 public accommodation and career schools because an individual is a member of a
			 class protected by these statutes.
(2) When an individual files a complaint with
			 the division alleging unlawful discrimination, the division must determine
			 whether substantial evidence of such discrimination exists.
(3) That a private employer may give
			 employment preference in the hiring or promotion of employees under OL Ch. 86,
			 Sec. 2 2014 (persons in uniformed service and their widows and widowers) does
			 not preclude the filing of a complaint under ORS chapter 659A.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS 659A; OL Ch. 86, Sec. 2
				  2014
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0011 - Constructive Discharge from Employment

Current through Register Vol. 63, No. 7, July 1, 2024
Constructive discharge occurs when an individual leaves
				employment because of unlawful discrimination. The elements of a constructive
				discharge are:
(1) The employer
			 intentionally created or intentionally maintained discriminatory working
			 conditions related to the individual's protected class status;
(2) The working conditions were so
			 intolerable that a reasonable person in the individual's circumstances would
			 have resigned because of them;
(3)
			 The employer desired to cause the individual to leave employment as a result of
			 those working conditions, or knew or should have known that the individual was
			 certain, or substantially certain, to leave employment as a result of the
			 working conditions; and
(4) The
			 individual left employment as a result of the working conditions.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0013 - Bona Fide Occupational Qualification (BFOQ) and Affirmative Action Plan Exceptions in Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Discrimination is not unlawful if it is based on a bona fide occupational
			 qualification (BFOQ), as provided in ORS
			 659A.030(1)(a).
			 To prove a BFOQ, the employer must show that the BFOQ is reasonably necessary
			 to the normal operation of the business. If so, the employer must then show:
(a) A factual basis exists for believing that
			 all or substantially all individuals in the protected class adversely affected
			 by the BFOQ would be unable to perform safely and efficiently the tasks
			 required in the job; or
(b) It is
			 impossible or highly impractical to screen applicants on an individual basis.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0014 - Successors in Interest: Employment Discrimination

Current through Register Vol. 63, No. 7, July 1, 2024
An employer's liability for unlawful discrimination under ORS
				659A.030 and OAR
				839-005-0010 to 839-005-0045
				extends to a successor employer. Determining whether a respondent is a
				successor employer involves a nine-part test. Not every element of the test
				need be present to find an employer to be a successor; the facts must be
				considered together to reach a determination:
(1) Whether respondent had notice of the
			 charge at the time of acquiring or taking over the business;
(2) The ability of the predecessor to provide
			 relief;
(3) Whether there has been
			 a substantial continuity of business operations;
(4) Whether the respondent uses the same
			 plant as the predecessor;
(5)
			 Whether respondent uses the same or substantially the same work force as the
			 predecessor;
(6) Whether
			 respondent uses the same or substantially the same supervisory personnel as the
			 predecessor;
(7) Whether under
			 respondent the same jobs exist under substantially the same working conditions
			 as under the predecessor;
(8)
			 Whether respondent uses the same machinery, equipment and methods of production
			 as the predecessor;
(9) Whether
			 respondent produces the same product as the predecessor.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented:
				  659A
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0021 - Discrimination Based on Sex

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Employers are not required to treat all employees exactly the same, but are
			 prohibited from using sex as the basis for employment decisions with regard to
			 hiring, promotion or discharge; or in terms, conditions or privileges of
			 employment such as benefits and compensation.
(2) Discrimination because of sex includes
			 sexual harassment, discrimination based on pregnancy, childbirth and medical
			 conditions and occurrences related to pregnancy and childbirth.
(3) In very rare instances, sex may be a bona
			 fide occupational qualification (BFOQ), as defined in OAR
			 839-005-0013.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.029 &
				  659A.030
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0026 - Employment Protections and Rights Relating to Pregnancy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pregnant people are protected from sex discrimination in employment.
(2) ORS 659A prohibits discrimination
			 regarding employee and dependent spouse or domestic partner benefits for
			 pregnancy when employee and dependent spouse or domestic partner benefits exist
			 for other medical conditions.
(3)
			 An employee needing to be absent from work because of pregnancy or childbirth
			 may have rights under the Oregon Family Leave Act, Sick Leave under ORS
			 653.601 to
			 653.661, Paid Leave under ORS
			 chapter 657B, ORS 659A.146 and
			 659A.147 or the federal Pregnant
			 Workers Fairness Act.
Statutory/Other Authority: ORS
				  651.060 & ORS
				  659A.805
Statutes/Other Implemented: ORS
				  659A.029, ORS
				  659A.030, ORS
				  659A.147 & ORS
				  659A.148
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0030 - Sexual Harassment in Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sexual harassment is unlawful
			 discrimination on the basis of sex and includes the following types of conduct:
(a) Unwelcome sexual advances, requests for
			 sexual favors, or other conduct of a sexual nature when such conduct is
			 directed toward an individual because of that individual's sex and:
(A) Submission to such conduct is made either
			 explicitly or implicitly a term or condition of employment; or
(B) Submission to or rejection of such
			 conduct is used as the basis for employment decisions affecting that
			 individual.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 5 - DISCRIMINATION › Section 839-005-0031 - Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following actions are not unlawful practices under ORS chapter 659A, including
			 housing discrimination under ORS
			 659A.145 or
			 659A.421 or the federal Fair
			 Housing Act (42 U.S.C.
			 §
									3601-3617):
(a) Housing and the use of facilities. It is
			 not an unlawful practice for a bona fide church or other religious institution
			 to take any action with respect to housing or the use of facilities when:
(A) The action taken is based on a bona fide
			 religious belief about sexual orientation; and
(B) The housing or the use of facilities
			 involved is closely connected with or related to the primary purpose of the
			 church or institution; and
(C) The
			 housing or the use of facilities involved is not connected with a commercial or
			 business activity that has no necessary relationship to the church or
			 institution.