149 sections in this chapter.
ORS 659.476 [1995 c.580 §4; renumbered 659A.159 in 2001]
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[Repealed or reserved.]
ORS 659.478 [1995 c.580 §5; renumbered 659A.162 in 2001]
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[Repealed or reserved.]
ORS 659.480 [1995 c.580 §6; renumbered 659A.165 in 2001]
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[Repealed or reserved.]
ORS 659.482 [1995 c.580 §7; renumbered 659A.168 in 2001]
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[Repealed or reserved.]
ORS 659.484 [1995 c.580 §8; renumbered 659A.171 in 2001]
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[Repealed or reserved.]
ORS 659.486 [1995 c.580 §9; renumbered 659A.174 in 2001]
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[Repealed or reserved.]
ORS 659.488 [1995 c.580 §9a; renumbered 659A.177 in 2001]
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[Repealed or reserved.]
ORS 659.490 [1995 c.580 §10; renumbered 659A.180 in 2001]
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[Repealed or reserved.]
ORS 659.492 [1995 c.580 §11; 2001 c.621 §88; renumbered 659A.183 in 2001]
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[Repealed or reserved.]
ORS 659.494 [1995 c.580 §12; renumbered 659A.186 in 2001]
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[Repealed or reserved.]
ORS 659.505 [1989 c.890 §2; 2001 c.621 §41; renumbered 659A.200 in 2001]
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[Repealed or reserved.]
ORS 659.510 [1989 c.890 §3; 2001 c.621 §42; renumbered 659A.203 in 2001]
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[Repealed or reserved.]
ORS 659.515 [1989 c.890 §4; 2001 c.621 §43; renumbered 659A.206 in 2001]
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[Repealed or reserved.]
ORS 659.520 [1989 c.890 §5; 2001 c.621 §44; renumbered 659A.209 in 2001]
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[Repealed or reserved.]
ORS 659.525 [1989 c.890 §6; renumbered 659A.212 in 2001]
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[Repealed or reserved.]
ORS 659.530 [1989 c.890 §7; 2001 c.621 §45; renumbered 659A.215 in 2001]
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[Repealed or reserved.]
ORS 659.535 [1989 c.890 §8; 2001 c.621 §46; renumbered 659A.218 in 2001]
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[Repealed or reserved.]
ORS 659.540 [1989 c.890 §9; 2001 c.621 §47; renumbered 659A.221 in 2001]
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[Repealed or reserved.]
ORS 659.545 [1989 c.890 §1; 2001 c.621 §48; renumbered 659A.224 in 2001]
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[Repealed or reserved.]
ORS 659.550 [1991 c.342 §1; 2001 c.621 §63; renumbered 659A.230 in 2001]
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[Repealed or reserved.]
ORS 659.560 [1991 c.939 §2; repealed by 1995 c.580 §18]
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[Repealed or reserved.]
ORS 659.565 [1991 c.939 §3; repealed by 1995 c.580 §18]
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[Repealed or reserved.]
ORS 659.570 [1991 c.939 §4; repealed by 1995 c.580 §18]
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[Repealed or reserved.]
ORS 659.700 [1995 c.680 §1; 1997 c.780 §1; 1999 c.921 §§1,2; 2001 c.588 §§11,12; renumbered 192.531 in 2001]
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[Repealed or reserved.]
ORS 659.705 [1995 c.680 §2; 1997 c.780 §2; 2001 c.588 §13; renumbered 192.533 in 2001]
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[Repealed or reserved.]
ORS 659.710 [1995 c.680 §3; 2001 c.588 §14; renumbered 192.535 in 2001]
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[Repealed or reserved.]
ORS 659.715 [1995 c.680 §4; 1997 c.780 §3; 2001 c.588 §15; renumbered 192.537 in 2001]
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[Repealed or reserved.]
ORS 659.720 [1995 c.680 §5; 2001 c.588 §16; renumbered 192.539 in 2001]
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PROHIBITIONS RELATING TO EMPLOYMENT (Employment Action Relating to Communication of Employer About Religious or Political Matters)
ORS 659.780 Definitions for ORS 659.780 and 659.785. As used in this section and ORS 659.785
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(1) “Constituent group” includes, but is not limited to, civic associations, community groups, social clubs and mutual benefit alliances, including labor organizations. (2) “Employee” means an individual engaged in service to an employer in a business of the employer. (3) “Employ…
ORS 659.785 Employer prohibited from taking action; civil action; notice; exceptions. (1) An employer or the employer’s agent, representative or designee may not discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize or take any adverse employment action against an employee
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(a) Because the employee declines to attend or participate in an employer-sponsored meeting or communication with the employer or the agent, representative or designee of the employer if the primary purpose of the meeting or communication is to communicate the opinion of the empl…
ORS 659.800 Use of force or misrepresentation to prevent employment prohibited. (1) No person shall, by force, threats, or intimidation, prevent, or endeavor to prevent, any person employed by another from continuing or performing work, or from accepting any new work or employment
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(2) No person shall circulate any false written or printed matter, or be concerned in the circulation of any such matter, to induce others not to buy from or sell to or have dealings with any person, for the purpose or with the intent to prevent such person from employing any per…
ORS 659.805 Blacklisting and blackmailing prohibited. (1) No corporation, company or individual shall blacklist or publish, or cause to be blacklisted or published, any employee, mechanic or laborer discharged by such corporation, company or individual, with intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment from any other corporation, company or individual
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(2) No officer or agent of any corporation or any other person shall, in any manner, conspire or contrive by correspondence or otherwise to prevent an employee discharged by such corporation or such person from securing employment. [Formerly 659.230]
ORS 659.810 Employer prohibited from filing false statement with employment agency to secure labor. (1) No employer of labor shall directly or through any agent, knowing and with intent to deceive, file with any employment agency as a preliminary to securing labor, a false written or printed statement of wages to be paid, work to be performed or living and working conditions
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(2) The failure or refusal of such employer to employ any laborer, to whom such written or printed statement has been delivered, is prima facie evidence of intent to deceive. [Formerly 659.260]
ORS 659.815 Deceptive representations or advertisements by persons employing labor prohibited. No person, firm, company, corporation, or association of any kind employing labor, shall, either in person or through any agent, manager or other legal representatives, induce, influence, persuade or engage workers to change from one place to another in this state or bring workers of any class or calling into this state to work in any of the departments of labor by
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(1) Any false or deceptive representation or false advertising, concerning the amount or character of the compensation to be paid for any work, or as to the existence or nonexistence of a strike, lockout or other labor troubles pending between employer or employees. (2) Neglectin…
ORS 659.820 Right of worker to recover damages and attorney fees. (1) Any worker of this state, or any worker of another state, who is influenced, induced or persuaded to engage with any persons mentioned in ORS 659.815, through or by means of any of the things prohibited in that statute, shall have a right of action for
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(a) Recovery of all damages sustained in consequence of the false or deceptive representations, false advertising and false pretenses used to induce the worker to change the worker’s place of employment against any persons, corporations, companies, or associations, directly or in…
ORS 659.825 Employer failing to make agreed payments to employee benefit fund. Whenever an employer has agreed in writing with any employee to make payments to a health and welfare, dental, pension, vacation, apprenticeship and industry fund or any other such plan for the benefit of the employees, or has entered into a collective bargaining agreement providing for such payments, it shall be unlawful for such an employer willfully or with intent to defraud to fail to make the payments required by the terms of any such agreement. [Formerly 659.320]
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[Repealed or reserved.]
ORS 659.830 Prohibitions and requirements relating to health insurance. (1) An employee benefit plan may not include any provision which has the effect of limiting or excluding coverage or payment for any health care for an individual who would otherwise be covered or entitled to benefits or services under the terms of the employee benefit plan because that individual is provided, or is eligible for, benefits or services pursuant to a plan under Title XIX of the Social Security Act. This section applies to employee benefit plans, whether sponsored by an employer or a labor union
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(2) A group health plan is prohibited from considering the availability or eligibility for medical assistance in this or any other state under 42 U.S.C. 1396a (section 1902 of the Social Security Act), herein referred to as Medicaid, when considering eligibility for coverage or m…
ORS 659.835 Health insurance coverage for children of employees. Where a parent is required by a court or administrative order to provide health coverage that is available through an employer doing business in this state, the employer shall
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(1) Permit the parent to enroll under family coverage a child who is otherwise eligible for coverage without regard to any enrollment season restrictions. (2) If the parent is enrolled but fails to make application to obtain coverage of the child, enroll the child under family co…
ORS 659.840 Requiring breathalyzer or lie detector test prohibited; exception for breathalyzer test. (1) No person, or agent or representative of such person, shall require, as a condition for employment or continuation of employment, any person or employee to take a breathalyzer test, polygraph test or any other form of a so-called lie detector test. However, nothing in this section shall be construed to prohibit the administration of a breathalyzer test to an individual if the individual consents to the test. If the employer has reasonable grounds to believe that the individual is under the influence of intoxicating liquor, the employer may require, as a condition for employment or continuation of employment, the administration of a blood alcohol content test by a third party or a breathalyzer test. The employer shall not require the employee to pay the cost of administering any such test
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(2) For the purposes of this section, an individual is “under the influence of intoxicating liquor” when the individual’s blood alcohol content exceeds the amount prescribed in a collective bargaining agreement or the amount prescribed in the employer’s work rules if there is no …
ORS 659.845 Fraudulently accepting advancement and refusing to work prohibited. (1) No person shall, with intent to defraud, sign for and accept or receive transportation to or in the direction of a place of employment provided by or at the instance or expense of the proposed employer, or knowingly or with intent to defraud accept or receive the benefit of any other pecuniary advancements made by or at the instance or expense of the employer, as advances against wages for labor to be performed, and neglect to render service or perform labor or pay in money equal in value to such transportation or other benefits accepted or received
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(2) The failure of any person to render service, perform labor, or pay in money for such transportation or other benefits, shall be prima facie evidence of intent to defraud if: (a) At or prior to the time of advancing such transportation or other benefits, the employer has deliv…
ORS 659.850 Discrimination in education prohibited; rules. (1) As used in this section
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(a)(A) “Discrimination” means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on race, color, religion, sex, sexual orientation, gender identity, national origin,…
ORS 659.852 Retaliation against student prohibited. (1) As used in this section
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(a) “Education program” means an education program provided by: (A) A school district; (B) A public charter school; (C) An education service district; (D) A long term care or treatment facility, as described in ORS 343.961; (E) The Youth Corrections Education Program; (F) The Ore…
ORS 659.855 Sanctions for noncompliance with discrimination prohibitions. (1) Any public elementary or secondary school or program determined by the Superintendent of Public Instruction to be in noncompliance with provisions of this section and ORS 332.505 (2), 659.850 and 659.852 shall be subject to appropriate sanctions, as established by rule of the State Board of Education, which may include
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(a) Entering an order for the school or program to adopt or revise a policy, undergo training, publicly disseminate information or receive technical assistance. (b) For a violation of ORS 659.850 involving a student when the discrimination caused the student to miss an educationa…
ORS 659.860 Enforcement of ORS 659.850. (1) Any person claiming to be aggrieved by unlawful discrimination as prohibited by ORS 659.850 may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 to 30.300, damages, or both. The court may order such other relief as may be appropriate. Damages shall be $200 or actual damages, whichever is greater
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(2) The action authorized by this section shall be filed within one year of the filing of a grievance. (3) An action may not be filed unless, within 180 days of the alleged discrimination, a grievance has been filed with the school district board, public charter school governing …
ORS 659.865 Discrimination for participation in sanctioned athletic events prohibited. (1) No public or private organization or individual
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(a) Shall infringe in any manner on the right of an athlete to compete in or train for any athletic event duly sanctioned by the national governing body for that sport as recognized by the United States Olympic Committee. (b) Shall levy any form of punishment or sanction against …
ORS 659.870 [Formerly 659.165; repealed by 2021 c.367 §50]
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(Prohibitions Relating to Health Benefits and Certain Medical Services and Procedures)
ORS 659.875 Discrimination in issuance of benefits or coverage or payment for certain medical services prohibited. (1) An individual may not, on the basis of actual or perceived race, color, national origin, sex, sexual orientation, gender identity, age or disability, be excluded from participation in, be denied the benefits of or otherwise be subjected to discrimination by any health benefit plan issued or delivered in this state, in the receipt of medical assistance as defined in ORS 414.025 or in the coverage of or payment for the services, drugs, devices, products and procedures described in ORS 743A.067
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(2) Violation of this section is an unlawful practice under ORS 659A.403. (3) Nothing in this section shall be construed to invalidate or limit the rights, remedies, procedures or legal standards available to individuals under ORS 659A.820 or 659A.885 or to supersede state or loc…
ORS 659.880 [2017 c.721 §8; 2023 c.228 §5; renumbered 435.240 in 2023]
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PENALTIES
ORS 659.990 Penalties. (1) Violation of ORS 659.815 is a Class A misdemeanor
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(2) Violation of ORS 659.805 by any officer or agent of a corporation or any other person is a Class C misdemeanor. (3) Violation of ORS 659.800 is a Class B misdemeanor. (4) Violation of ORS 659.810 or 659.845 is a Class C misdemeanor. (5) Any person who violates ORS 659.825, co…