Settlement. (1) The Commissioner of the Bureau of Labor and Industries and any respondent named in a complaint may enter into a settlement at any time after the filing of a complaint and the commissioner may take immediate steps to settle the matter through conference, mediation, conciliation, persuasion or other alternative dispute resolution processes, to eliminate the effects of the unlawful practice and to otherwise carry out the purposes of this chapter

ORS 659A.840 — under Chapter 659A.

ORS 659A.840

(2) The terms of any settlement agreement entered into under this chapter must be contained in a written settlement agreement signed by the complainant, the respondent and a representative of the commissioner. Such agreement may include any or all terms and conditions that may be included in a cease and desist order issued by the commissioner after a hearing under ORS 659A.850.

(3) A complainant may file a complaint with the commissioner at any time after a settlement agreement has been entered into under this chapter to seek enforcement of the terms of the agreement. A complaint under this subsection must be filed within one year after the act or omission alleged to be a violation of the terms of the agreement. The commissioner shall investigate and resolve the complaint in the same manner as provided in this chapter for a complaint filed under ORS 659A.820.

(4) In addition to the remedy provided under subsection (3) of this section, a complainant may seek to enforce a settlement agreement entered into under this chapter by writ of mandamus or a civil action seeking injunctive relief or specific performance of the agreement.

(5) The commissioner shall enter an order based on the terms of a settlement agreement that is signed by a representative of the commissioner and that is entered into after the issuance of formal charges under ORS 659A.845. In addition to enforcement in the manner provided by subsection (3) or (4) of this section, the order may be recorded in the County Clerk Lien Record in the manner provided by ORS 205.125 and enforced in the manner provided by ORS 205.126.

(6) 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 federal housing law may be disclosed in any manner, including but not limited to disclosure under ORS 192.311 to 192.478, or be used as evidence in a subsequent proceeding under this chapter or under federal housing law, without the written consent of the persons concerned.

(7) All communications, oral or written, made during the course of or in connection with settlement discussions held through the bureau’s alternative dispute resolution process under this section are confidential, are not subject to disclosure under ORS 192.311 to 192.478 and may not be disclosed or admitted as evidence in subsequent adjudicatory proceedings except as allowed under ORS 36.222.

(8) A settlement agreement and the order based on the terms of the settlement agreement:

(a) Are not subject to the provisions of subsection (6) or (7) of this section;

(b) Are subject to public disclosure under ORS 192.311 to 192.478; and

(c) May be admitted into evidence in any proceeding. [2001 c.621 §6; 2008 c.36 §10; 2025 c.22 §6]