Chapter 659A — Chapter 659A
163 sections in this chapter.
ORS 659A.283 Paid leave for public employees. (1) As used in this section, “public employer” means the State of Oregon
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(2)(a) Notwithstanding ORS 659A.285, an eligible employee of the public employer who is a victim of domestic violence, a victim of harassment, a victim of sexual assault, a victim of bias or a victim of stalking shall be granted leave with pay from employment for the purposes spe…
ORS 659A.285 Use of paid leave. (1) Except as provided in subsections (2) and (3) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, a covered employer is not required to grant leave with pay to an eligible employee under ORS 659A.272
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(2) An eligible employee who takes leave pursuant to ORS 659A.272 may use any paid accrued vacation leave, any accrued sick leave or personal business leave, or any other paid leave that is offered by the covered employer in lieu of vacation leave during the period of leave. (3) …
ORS 659A.290 Prohibited conduct by employer; records confidential. (1) As used in this section
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(a) “Reasonable safety accommodation” 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 safet…
ORS 659A.300 Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited; exceptions. (1) Except as provided in this section, it is an unlawful employment practice for any employer to subject, directly or indirectly, any employee or prospective employee to any breathalyzer test, polygraph examination, psychological stress test, genetic test or brain-wave test
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(2) As used in this section: (a) “Breathalyzer test” means a test to detect the presence of alcohol in the body through the use of instrumentation or mechanical devices. (b) “Genetic test” has the meaning given in ORS 192.531. (c) “Polygraph examination or psychological stress te…
ORS 659A.303 Employer prohibited from obtaining, seeking to obtain or using genetic information. (1) It is an unlawful employment practice for an employer to seek to obtain, to obtain or to use genetic information of an employee or a prospective employee, or of a blood relative of the employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to an employee or a prospective employee
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(2) For purposes of this section, “blood relative,” “genetic information” and “obtain genetic information” have the meanings given those terms in ORS 192.531. [Formerly 659.036; 2011 c.210 §4]
ORS 659A.306 Requiring employee to pay for medical examination as condition of continued employment prohibited; exceptions. (1) It is an unlawful employment practice for any employer to require an employee, as a condition of continuation of employment, to pay the cost of any medical examination or the cost of furnishing any health certificate
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(2) Notwithstanding subsection (1) of this section, it is not an unlawful employment practice for an employer to require the payment of medical examination or health certificate costs: (a) From health and welfare fringe benefit moneys contributed entirely by the employer; or (b) …
ORS 659A.309 Discrimination solely because of employment of another family member prohibited; exceptions. (1) Except as provided in subsection (2) of this section, it is an unlawful employment practice for an employer solely because another member of an individual’s family works or has worked for that employer to
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(a) Refuse to hire or employ an individual; (b) Bar or discharge from employment an individual; or (c) Discriminate against an individual in compensation or in terms, conditions or privileges of employment. (2) An employer is not required to hire or employ and is not prohibited f…
ORS 659A.312 Leave of absence to donate bone marrow; verification by employer. (1) It is an unlawful employment practice for an employer to deny to grant already accrued paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The total length of the leaves shall be determined by the employee, but shall not exceed the amount of already accrued paid leave or 40 work hours, whichever is less, unless agreed to by the employer
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(2) The employer may require verification by a physician or naturopathic physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leav…
ORS 659A.314 Discrimination for service as appointed member of state board or commission; requiring employee to use accrued leave prohibited; remedy for violation. (1) As used in this section, “state board or commission” means a state board or commission referred to in ORS 292.495
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(2) It is an unlawful employment practice if an employer discharges, threatens to discharge, intimidates or coerces any employee by reason of the employee’s service or scheduled service as an appointed member of a state board or commission. (3) Subject to subsection (4) of this s…
ORS 659A.315 Restricting use of tobacco in nonworking hours prohibited; exceptions. (1) It is an unlawful employment practice for any employer to require, as a condition of employment, that any employee or prospective employee refrain from using lawful tobacco products during nonworking hours, except when the restriction relates to a bona fide occupational requirement
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(2) Subsection (1) of this section does not apply if an applicable collective bargaining agreement prohibits off-duty use of tobacco products. [Formerly 659.380; 2005 c.199 §3]
ORS 659A.318 Discrimination relating to academic degree in theology or religious occupations prohibited. (1) If an employer requires an applicant or employee to have an academic degree from a post-secondary institution to qualify for a position, but does not require a degree with a specific title, it is an unlawful employment practice for the employer to refuse to hire or promote or in any manner discriminate or retaliate against the applicant or employee only because the applicant or employee meets the educational requirements for the position by having a degree leading to occupations in theology or religious occupations from a school that, when the degree was issued, was a school
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(a) That, on July 14, 2005, met the criteria and followed procedures to obtain a religious exemption adopted by rule by the Oregon Student Access Commission and that offered only degrees leading to occupations in theology or religious occupations; or (b) Exempt from ORS 348.594 t…
ORS 659A.320 Discrimination based on information in credit history prohibited; exceptions; remedies for violation. (1) Except as provided in subsection (2) of this section, 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
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(2) Subsection (1) of this section does not apply to: (a) Employers that are federally insured banks or credit unions; (b) Employers that are required by state or federal law to use individual credit history for employment purposes; (c) The application for employment or the emplo…
ORS 659A.321 Seniority systems and benefit plans not unlawful employment practices. It is not an unlawful employment practice for an employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of this chapter. However, except as otherwise provided by law, no such employee benefit plan shall excuse the failure to hire any individual and no such seniority system or employee benefit plan shall require the involuntary retirement of any individual 18 years of age or older because of the age of such individual. [Formerly 659.028]
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[Repealed or reserved.]
ORS 659A.330 Employee social media account privacy; exception. (1) It is an unlawful employment practice for an employer to
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(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 ac…
ORS 659A.340 Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited; remedy. (1) As used in this section, “employer” means
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(a) An adjudicated youth foster home as defined in ORS 420.888; (b) An adult foster home as defined in ORS 443.705; (c) A child care provider as defined in ORS 329A.700; (d) A child-caring agency as defined in ORS 418.205; (e) A child-caring facility as defined in ORS 418.950; (f…
ORS 659A.343 Discrimination based on individual’s presentation of identification other than Real ID prohibited; remedies. (1) As used in this section, “Real ID” has the meaning given that term in ORS 807.450
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(2) A person may not discriminate against an individual because the individual holds or presents a form of government issued identification other than a Real ID. (3) An individual claiming to be aggrieved by a violation of subsection (2) of this section may bring a civil action u…
ORS 659A.347 Discrimination related to possession of valid driver license. (1) It is an unlawful employment practice for an employer to
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(a) Require, as a condition for employment or continuation of employment, an employee or prospective employee to possess or present a valid driver license unless the ability to legally drive is an essential function of the job or is related to a legitimate business purpose. (b) R…
ORS 659A.350 Interns. (1) An intern is considered to be in an employment relationship with an employer for the purposes of the employee protections provided under ORS 659A.030, 659A.082, 659A.109, 659A.112, 659A.136, 659A.142, 659A.199, 659A.230, 659A.233, 659A.236, 659A.290, 659A.300, 659A.303, 659A.306 and 659A.315
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(2) Nothing in subsection (1) of this section creates an employment relationship between an employer and an intern for the purposes of ORS chapter 652, 653, 654, 656, 657 or 658. (3) As used in this section, “intern” means a person who performs work for an employer for the purpos…
ORS 659A.355 Discrimination based on wage inquiry or wage complaint; exception. (1) It is an unlawful employment practice for an employer to discharge, demote or suspend, or to discriminate or retaliate against, an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has
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(a) Inquired about, discussed or disclosed in any manner the wages of the employee or of another employee; or (b) Made a charge, filed a complaint or instituted, or caused to be instituted, an investigation, proceeding, hearing or action based on the disclosure of wage informatio…
ORS 659A.357 Restricting salary history inquiries. It is an unlawful practice under ORS chapter 659A for an employer or prospective employer to seek the salary history of an applicant or employee from the applicant or employee or a current or former employer of the applicant or employee. This section is not intended to prevent an employer from requesting from a prospective employee written authorization to confirm prior compensation after the employer makes an offer of employment to the prospective employee that includes an amount of compensation. [2017 c.197 §4]
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Note: 659A.357 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 659A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 659A.360 Restricting criminal conviction inquiries; exceptions. (1) It is an unlawful practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction
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(2) An employer excludes an applicant from an initial interview if the employer: (a) Requires an applicant to disclose on an employment application a criminal conviction; (b) Requires an applicant to disclose, prior to an initial interview, a criminal conviction; or (c) If no int…
ORS 659A.362 Enforcement. ORS 659A.360 is subject to enforcement by the Commissioner of the Bureau of Labor and Industries as provided in ORS 659A.820 to 659A.865. [2015 c.559 §2]
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Note: See note under 659A.360. WORKPLACE FAIRNESS
ORS 659A.370 Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct; exceptions; remedies. (1) Except as provided in subsections (2) or (4) of this subsection, it is an unlawful employment practice for an employer to enter into an agreement with a former, current or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a nondisparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing conduct
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(a)(A) That constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault; or (B) That constitutes discrimination prohibited by ORS 659A.082 or 659A.112; and (b)(A) That occurred between employees or between an employer and an employee i…
ORS 659A.375 Employer policies relating to prevention of discrimination and sexual assault; requirements. (1) Every employer in this state shall adopt a written policy containing procedures and practices for the reduction and prevention of discrimination prohibited by ORS 659A.030, including sexual assault, as defined in ORS 659A.370, and discrimination prohibited by ORS 659A.082 and 659A.112
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(2) At a minimum, the policy must: (a) Provide a process for an employee to report prohibited conduct; (b) Identify the individual designated by the employer who is responsible for receiving reports of prohibited conduct, including an individual designated as an alternate to rece…
ORS 659A.377 Requirements for mediation related to claims or allegations of unlawful conduct as described under ORS 659A.370. For purposes of mediation related to claims or allegations of the unlawful conduct described under ORS 659A.370 (1)(a) and (b), a mediator in the mediation shall provide a person who is a party to the mediation and who is not represented by an attorney with a copy of the model procedures and policies made available by the Bureau of Labor and Industries under ORS 659A.375. [2022 c.107 §2]
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Note: 659A.377 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 659A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 659A.380 When severance or separation agreements are voidable by employer. Any agreement entered into between an employer and a person with the authority to hire and fire employees, or the discretion to exercise control over employees, that requires severance or separation payments is voidable by the employer if, after the employer conducts a good faith investigation, the employer determines that the person violated ORS 659A.370 or violated the policy adopted under ORS 659A.375 and that such violations were a substantial contributing factor in causing the separation from employment. [2019 c.343 §4]
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[Repealed or reserved.]
ORS 659A.390 Restrictions on no-rehire provisions as condition of workers’ compensation settlements; exceptions; remedy for violation; civil penalties. (1) As used in this section
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(a) “No-rehire provision” means any provision in an agreement barring a worker from seeking further employment, reemployment or reinstatement with an employer. (b) “Settlement agreement” means a settlement agreement disposing of all or part of a worker’s claim for workers’ compen…
ORS 659A.400 Place of public accommodation defined. (1) A place of public accommodation, subject to the exclusions in subsection (2) of this section, means
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(a) Any place or service offering to the public accommodations, advantages, facilities or privileges whether in the nature of goods, services, lodgings, amusements, transportation or otherwise. (b) Any place that is open to the public and owned or maintained by a public body, as …
ORS 659A.403 Discrimination in place of public accommodation prohibited. (1) Except as provided in subsection (2) of this section, all persons within the jurisdiction of this state are entitled to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, without any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is of age, as described in this section, or older
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(2) Subsection (1) of this section does not prohibit: (a) The enforcement of laws governing the consumption of alcoholic beverages by minors and the frequenting by minors of places of public accommodation where alcoholic beverages are served; (b) The enforcement of laws governing…
ORS 659A.406 Aiding or abetting certain discrimination prohibited. Except as otherwise authorized by ORS 659A.403, it is an unlawful practice for any person to aid or abet any place of public accommodation, as defined in ORS 659A.400, or any employee or person acting on behalf of the place of public accommodation to make any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older. [Formerly 30.685; 2003 c.521 §2; 2007 c.100 §6; 2021 c.367 §38]
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[Repealed or reserved.]
ORS 659A.409 Notice that discrimination will be made in place of public accommodation prohibited; age exceptions. Except as provided by laws governing the consumption of alcoholic beverages by minors, the use of marijuana items, as defined in ORS 475C.009, by persons under 21 years of age, the frequenting by minors of places of public accommodation where alcoholic beverages are served and the frequenting by persons under 21 years of age of places of public accommodation where marijuana items are sold, and except for special rates or services offered to persons 50 years of age or older, it is an unlawful practice for any person acting on behalf of any place of public accommodation as defined in ORS 659A.400 to publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind to the effect that any of the accommodations, advantages, facilities, services or privileges of the place of public accommodation will be refused, withheld from or denied to, or that any discrimination will be made against, any person on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is of age, as described in this section, or older. [Formerly 659.037; 2003 c.521 §3; 2005 c.131 §2; 2007 c.100 §7; 2015 c.614 §28; 2021 c.367 §39]
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[Repealed or reserved.]
ORS 659A.410 Refusing to accept currency or coins as payment prohibited; advertising and education duties of Bureau of Labor and Industries; exceptions; remedies for violation. (1) Except as provided in subsections (2) and (4) of this section, it is an unlawful practice under ORS chapter 659A for a place of public accommodation offering goods or services, or any person acting on behalf of such place, to
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(a) Refuse to accept from a customer or patron, as payment for goods and services, any of the following: (A) United States coins. (B) United States currency, including federal reserve bank notes and circulating notes of federal reserve banks and national banks. (b) Make any disti…
ORS 659A.411 Definitions for ORS 659A.411 to 659A.415. As used in ORS 659A.411 to 659A.415
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(1) “Customer” means an individual who is lawfully on the premises of a place of public accommodation. (2) “Eligible medical condition” means the use of an ostomy device or a diagnosis of Crohn’s disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel s…
ORS 659A.413 Denial of access prohibited; exception. (1) A place of public accommodation that has an employee toilet facility shall allow a customer to use that facility during normal business hours if
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(a) The customer requesting the use of the employee toilet facility suffers from an eligible medical condition; (b) Three or more employees of the place of public accommodation are working at the time the customer requests use of the employee toilet facility; (c) The customer pre…
ORS 659A.415 Liability for damages; physical changes not required. (1) Places of public accommodation, and employees of places of public accommodation, are not liable for any damages suffered by a customer, or by any person accompanying a customer, while using an employee toilet facility pursuant to ORS 659A.413 unless the damages are the result of an intentional tort or gross negligence
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(2) A place of public accommodation is not required to make any physical changes to an employee toilet facility by reason of ORS 659A.413. [2009 c.415 §3] Note: See note under 659A.411.
ORS 659A.417 Violation of ORS 659A.413. Violation of ORS 659A.413 is a Class D violation. [2009 c.415 §4]
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Note: See note under 659A.411. (Closed Captioning on Television Receivers)
ORS 659A.419 Closed captioning required on television receivers in places of public accommodation; exceptions; training requirements; penalties; rules. (1) As used in this section
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(a) “Closed-captioned television receiver” means a television and any other apparatus that is designed to receive or play back video programming transmitted simultaneously with sound and to display closed captioning, if technically feasible. (b) “Closed captioning” means a transc…
ORS 659A.420 [Formerly 659.031; repealed by 2008 c.36 §17]
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UNLAWFUL DISCRIMINATION IN REAL PROPERTY TRANSACTIONS
ORS 659A.421 Discrimination in selling, renting or leasing real property prohibited. (1) As used in this section
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(a) “Dwelling” means: (A) A building or structure, or portion of a building or structure, that is occupied, or designed or intended for occupancy, as a residence by one or more families; or (B) Vacant land offered for sale or lease for the construction or location of a building o…
ORS 659A.424 [2003 c.378 §2; 2007 c.100 §9; repealed by 2007 c.903 §§15,15a]
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[Repealed or reserved.]
ORS 659A.425 Violation based on facially neutral housing policy. (1) As used in this section
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(a) “Facially neutral housing policy” means a guideline, practice, rule or screening or admission criterion, regarding a real property transaction, that applies equally to all persons. (b) “Protected class” means a group of persons distinguished by race, color, religion, sex, sex…
ORS 659A.550 Discrimination because of employment status prohibited; penalties. (1) Except as permitted under ORS chapter 240 or any other provision of law, an employer, the employer’s agent, representative or designee or an employment agency may not knowingly or purposefully publish in print or on the Internet an advertisement for a job vacancy in this state that provides that
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(a) The qualifications for a job include current employment; (b) The employer, the employer’s agent, representative or designee or the employment agency will not consider or review an application for employment submitted by a job applicant who is currently unemployed; or (c) The …
ORS 659A.800 Elimination and prevention of discrimination by Bureau of Labor and Industries; subpoenas. (1) The Bureau of Labor and Industries may take all steps necessary to eliminate and prevent unlawful practices. To eliminate the effects of unlawful discrimination, the bureau may promote voluntarily affirmative action by employers, labor organizations, governmental agencies, private organizations and individuals and may accept financial assistance and grants or funds for this purpose
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(2) The bureau is given general jurisdiction and power for the purpose of eliminating and preventing unlawful practices. (3) The Commissioner of the Bureau of Labor and Industries shall employ a deputy commissioner and such other personnel as may be necessary to carry into effect…
ORS 659A.805 Rules for carrying out ORS chapter 659A. (1) In accordance with any applicable provision of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries may adopt reasonable rules
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(a) Establishing what acts and communications constitute a notice, sign or advertisement that public accommodation or real property will be refused, withheld from, or denied to any person or that the person will be unlawfully discriminated against because of race, color, religion…
ORS 659A.810 Willful interference with administration of law and violation of orders of commissioner prohibited. (1) No person shall willfully resist, prevent, impede or interfere with the Commissioner of the Bureau of Labor and Industries or any authorized agents of the commissioner in the performance of duty under this chapter or willfully violate an order of the commissioner
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(2) An appeal or other procedure for the review of any such order is not deemed to be such willful conduct. [Formerly 659.110]
ORS 659A.815 Advisory agencies and intergroup-relations councils. (1) The Commissioner of the Bureau of Labor and Industries shall create such advisory agencies and intergroup-relations councils as the commissioner believes necessary to aid in effectuating the purposes of this chapter. The commissioner may empower advisory agencies and councils
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(a) To study the problems of discrimination in all or specific fields of human relationships or in specific instances of discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability, familial status or…
ORS 659A.820 Complaints. (1) As used in this section, for purposes of a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law, “person claiming to be aggrieved by an unlawful practice” includes, but is not limited to, a person who believes that the person
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(a) Has been injured by an unlawful practice under ORS 659A.145 or 659A.421 or a discriminatory housing practice; or (b) Will be injured by an unlawful practice under ORS 659A.145 or 659A.421 or a discriminatory housing practice that is about to occur. (2) Any person claiming to …
ORS 659A.825 Complaints filed by Attorney General or commissioner; temporary cease and desist orders in certain cases. (1)(a) If the Attorney General or the Commissioner of the Bureau of Labor and Industries has reason to believe that any person has committed an unlawful practice, the Attorney General or the commissioner may file a complaint in the same manner as provided for a complaint filed by a person under ORS 659A.820
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(b) If the Attorney General or the commissioner has reason to believe that a violation of ORS 659A.403, 659A.406 or 659A.409 has occurred, the Attorney General or the commissioner may file a complaint under this section against any person acting on behalf of a place of public acc…
ORS 659A.830 Authority of commissioner. (1) Except as provided in subsection (5) of this section, all authority of the Commissioner of the Bureau of Labor and Industries to conduct investigations or other proceedings to resolve a complaint filed under ORS 659A.820 ceases upon the filing of a civil action by the complainant alleging the same matters that are the basis of the complaint under ORS 659A.820
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(2)(a) Except as provided in paragraph (b) of this subsection, the commissioner may dismiss a complaint at any time after the complaint is filed. Upon the written request of the person who filed the complaint under ORS 659A.820, the commissioner shall dismiss the complaint. Upon …
ORS 659A.835 Investigation; finding of substantial evidence. (1) Except as provided in subsection (2) of this section, after the filing of any complaint under ORS 659A.820 or 659A.825, the Commissioner of the Bureau of Labor and Industries may investigate the complaint
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(2) The commissioner shall commence an investigation of any complaint filed under ORS 659A.820 or 659A.825 alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law within 30 days after the filing of the complaint. (3) If, by reason …