Title 51, Labor and Employment; Unlawful Discrimination

(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 gra…

(1) As used in this section: (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, inst…

(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. (2)…

(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 restric…

(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. (2) Notwithstanding subsection (1) of this section, it is …

(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: (a) Refuse to hire or employ an individual; (b) Bar or discharge from …

(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 excee…

(1) As used in this section, “state board or commission” means a state board or commission referred to in ORS 292.495. (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 serv…

(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 requi…

(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…

(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, dem…

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 p…

(1) It is an unlawful employment practice for an employer to: (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 passwo…

(1) As used in this section, “employer” means: (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 chil…

(1) As used in this section, “Real ID” has the meaning given that term in ORS 807.450. (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 b…

(1) It is an unlawful employment practice for an employer to: (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…

(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.…

(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: (a) Inquired abo…

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…

(1) It is an unlawful practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction. (2) An employer excludes an applicant from an initial interview if the employer: (a) Requires an applicant to disclose on an employment a…

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] Note: See note under 659A.360. WORKPLACE FAIRNESS

(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…

(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…

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 pr…

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…

(1) As used in this section: (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 worke…

(1) A place of public accommodation, subject to the exclusions in subsection (2) of this section, means: (a) Any place or service offering to the public accommodations, advantages, facilities or privileges whether in the nature of goods, services, lodgings, amusements, transporta…

(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 re…

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, discrim…

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 th…

(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: (a) Refuse to accept from a customer or patron, a…

As used in ORS 659A.411 to 659A.415: (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 inflamma…

(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: (a) The customer requesting the use of the employee toilet facility suffers from an eligible medical condition; (b) Three or more …

(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…

Violation of ORS 659A.413 is a Class D violation. [2009 c.415 §4] Note: See note under 659A.411. (Closed Captioning on Television Receivers)

(1) As used in this section: (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) “Clos…

(1) As used in this section: (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 constructio…

(1) As used in this section: (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 ra…

(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 stat…

(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, pr…

(1) In accordance with any applicable provision of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries may adopt reasonable rules: (a) Establishing what acts and communications constitute a notice, sign or advertisement that public accommodation or real proper…

(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. (2) An appe…

(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…

(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…

(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…

(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 complai…

(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. (2) The commissioner shall commence an investigation of any complaint …

(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, conciliatio…

(1) If the Commissioner of the Bureau of Labor and Industries issues a finding of substantial evidence under ORS 659A.835 and the matter cannot be settled through conference, mediation, conciliation, persuasion or other alternative dispute resolution processes, or if the commissi…

(1)(a) All proceedings before the Commissioner of the Bureau of Labor and Industries under this section shall be conducted as contested case proceedings under the provisions of ORS chapter 183. Except as provided in paragraph (b) of this subsection, the commissioner may appoint a…