Oregon Administrative Code

839-003-0000 Purpose and Scope (1) The policy of the State of Oregon guarantees all citizens of the state the right to employment, housing, access to places of public accommodation and private vocational, professional or trade schools without unlawful discrimination. (2) These ru…

839-003-0005 Definitions: Employment and Public Accommodation For purposes of these rules: (1) "Administrator" means the Administrator of the Civil Rights Division of the Bureau of Labor and Industries or a designee of the administrator. (2) “Aggrieved person” means: (a) A person…

839-003-0010 Who May File: Employment and Public Accommodation (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). Complaints of housing discrimination must be filed in accor…

839-003-0015 Equal Employment Opportunity Commission If an aggrieved person wants to file a complaint alleging facts that would also violate federal discrimination statutes administered by the federal Equal Employment Opportunity Commission (EEOC) and the complaint meets federal …

839-003-0020 Civil Action: Employment and Public Accommodation (1) Civil actions in state or federal court alleging unlawful practices under 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a are covered under OAR 839-003-0235 and not under this rule. (2…

839-003-0025 Filing a Complaint: Employment (other than OSEA) and Public Accommodation (1) Complaints under the Oregon Safe Employment Act (OSEA), which includes ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and 654.991, must be filed in accordance with OAR 839-0…

839-003-0031 Filing a discrimination complaint under the Oregon Safe Employment Act (OSEA) (1) An aggrieved person or the aggrieved person's attorney may file a complaint alleging a violation of ORS 654.062(5) online, by mail or in person at any Bureau office in the state of Oreg…

839-003-0040 Amendment of Complaints: Employment and Public Accommodation (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). Complaints of housing discrimination must be ame…

839-003-0045 Withdrawal of Complaint: Employment and Public Accommodation (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. 3601–3614a). The withdrawal of a housing discrimination complaint …

839-003-0050 Administrative Dismissal: Employment and Public Accommodation (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). Administrative dismissal of a housing discrimin…

839-003-0055 Conciliation Agreements Prior to Completion of the Investigation 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 per…

839-003-0060 Fact-Finding Conference (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 – 3614a). (2) At its discretion, the division may hold a fact-finding co…

839-003-0065 Investigations: Employment and Public Accommodation (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 – 3614a). Investigation of housing discrimination complaints is addres…

839-003-0070 Settlement Process After Substantial Evidence Determination: Employment and Public Accommodation (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 settleme…

839-003-0080 Access to Records in Investigative Files (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 discl…

839-003-0085 Subpoenas 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 commissioner or the commissioner's designee may issue a subpoena to require: (a) The pre…

839-003-0090 Remedy: Employment and Public Accommodation (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…

839-003-0095 Enforcement of Settlement Agreements and Orders: Employment and Public Accommodation (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). Enforcement of settlemen…

839-003-0100 Commissioner’s Complaint: Employment and Public Accommodation (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). Commissioner’s complaints of housing discrimina…

839-003-0200 Filing a Housing Discrimination Complaint (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 – 3614a) includes a person alleging they have been injured by an unlawf…

839-003-0205 Amending a Housing Discrimination Complaint (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 allegation…

839-003-0210 Withdrawal of a Housing Discrimination Complaint 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. Statutory/Other Authorit…

839-003-0215 Administrative Dismissal of a Housing Discrimination Complaint (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 …

839-003-0220 Housing Discrimination Investigations (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 (…

839-003-0225 Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints (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 fea…

839-003-0230 Remedies in Housing Discrimination Complaints (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)…

839-003-0235 Civil Action under State and Federal Housing Law (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 – 3614a) may file a civil action as provided in ORS 659A.870 to …

839-003-0240 Enforcement of Settlement Agreements and Orders in Housing Discrimination Complaints (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 …

839-003-0245 Commissioner's Complaint in Housing Discrimination Cases (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 ab…

839-004-0003 Definitions: Discrimination for Opposition to Practices Prohibited by Oregon Safe Employment Act (OSEA) 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 c…

839-004-0016 Scope of Protection under ORS 654.062 (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…

839-004-0021 Procedures for Complaints; Statutes of Limitation; Private Right of Action; Statutory Construction; Remedies (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 complain…

839-005-0000 Purpose and Scope of these Rules (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 statute…

839-005-0003 Definitions: Enforcement of Laws Prohibiting Unlawful Practices 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 perso…

839-005-0005 Unlawful Discrimination Defined (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 decision…

839-005-0010 Discrimination Theories: Employment (1) Substantial evidence of intentional unlawful discrimination exists if the division's investigation reveals evidence that a reasonable person would accept as sufficient to support the following elements: (a) The respondent is a …

839-005-0011 Constructive Discharge from Employment 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 discriminato…

839-005-0013 Bona Fide Occupational Qualification (BFOQ) and Affirmative Action Plan Exceptions in Employment (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 …

839-005-0014 Successors in Interest for Employment Discrimination 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-…

839-005-0021 Employment Discrimination Based on Sex or Sexual Orientation (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, co…

839-005-0026 Employment Protections and Rights Relating to Pregnancy (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…

839-005-0030 Sexual Harassment in Employment (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 direc…

839-005-0031 Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion (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…

839-005-0036 Commissioner’s Complaint for Discrimination Based on Employment Status (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 purposeful…

839-005-0060 Employer Obtainment or Use of Credit History Information: Purpose and Scope of these Rules (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. Purs…

839-005-0065 Employer Obtainment or Use of Credit History Information: Definitions (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 consum…

839-005-0070 Employer Obtainment or Use of Credit History Information: Unlawful Discrimination (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 emplo…

839-005-0075 Employer Obtainment or Use of Credit History Information: Exceptions 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 employme…

839-005-0080 Employer Obtainment or Use of Credit History Information: Determining whether Credit History Is Substantially Job-Related (1) The determination of whether credit history information is substantially job-related must be evaluated with respect to the position for which…

839-005-0085 Employer Obtainment or Use of Credit History Information: Enforcement and Retaliation (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 claimi…