Chapter 659A — Chapter 659A

ORS 659A.840 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

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ORS 659A.845 Formal charges. (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 commissioner determines that the interest of justice requires that a hearing be held without first seeking settlement, the commissioner shall prepare formal charges. Formal charges must contain all information required for a notice under ORS 183.415 and must specify the allegations of the complaint to which the respondent will be required to make response. Formal charges shall also set the time and place for hearing the formal charges

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ORS 659A.850 Hearing; orders; fees. (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 special tribunal or hearing officer to hear the matter. The commissioner may affirm, reverse, modify or supplement the determinations, conclusions or order of any special tribunal or hearing officer appointed under this subsection. The scheduling of a hearing under this section does not affect the ability of the commissioner and any respondent to thereafter settle the matters alleged in the complaint through conference, mediation, conciliation, persuasion or other alternative dispute resolution processes

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ORS 659A.855 Civil penalty for certain complaints filed by commissioner. (1)(a) If the Commissioner of the Bureau of Labor and Industries files a complaint under ORS 659A.825 alleging an unlawful practice other than an unlawful employment practice, and the commissioner finds that the respondent engaged in the unlawful practice, the commissioner may, in addition to other steps taken to eliminate the unlawful practice, impose a civil penalty upon each respondent found to have committed the unlawful practice

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ORS 659A.860 Settlement agreements and orders. (1) The terms and conditions of any order issued by the Commissioner of the Bureau of Labor and Industries under this chapter, and of any settlement agreement entered into by a respondent under this chapter and signed by a representative of the commissioner, are binding on the agents and successors in interest of the respondent

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ORS 659A.865 Retaliatory action prohibited. A respondent named in a complaint filed under ORS 659A.820 may not, with the intention of defeating a purpose of this chapter, take any action that deprives the person filing the complaint of any services, real property, employment or employment opportunities sought in the complaint during the period of time commencing with the date on which the respondent receives notice from the Commissioner of the Bureau of Labor and Industries that the complaint has been filed and ending on the date on which an administrative determination is made on the merits of the complaint or the matter is resolved by settlement. [2001 c.621 §11]

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ORS 659A.870 Election of remedies. (1) Except as provided in this section, the filing of a civil action by a person in circuit court pursuant to ORS 659A.885, or in federal district court under applicable federal law, waives the right of the person to file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 with respect to the matters alleged in the civil action

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ORS 659A.875 Time limitations. (1) Except as provided in subsection (2) of this section

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ORS 659A.880 Notice informing complainant of right to file civil action. (1) If a complaint is filed under ORS 659A.820 alleging an unlawful practice, the Commissioner of the Bureau of Labor and Industries shall issue a notice to the complainant upon the occurrence of either of the following unless the matter has been resolved by the execution of a settlement agreement

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ORS 659A.883 Contractual shortening of statute of limitations prohibited. It is an unlawful employment practice for an employer to enter into an agreement with a former, current or prospective employee that has the effect of shortening a statute of limitations with respect to a violation over which the Bureau of Labor and Industries has enforcement authority. [2025 c.379 §2]

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ORS 659A.885 Civil action. (1) Any person claiming to be aggrieved by an unlawful practice specified in subsection (2) of this section may file a civil action in circuit court. In any action under this subsection, the court may order injunctive relief and any other equitable relief that may be appropriate, including but not limited to reinstatement or the hiring of employees with or without back pay. A court may order back pay in an action under this subsection only for the two-year period immediately preceding the filing of a complaint under ORS 659A.820 with the Commissioner of the Bureau of Labor and Industries, or if a complaint was not filed before the action was commenced, the two-year period immediately preceding the filing of the action. In any action under this subsection, the court may allow the prevailing party costs and reasonable attorney fees at trial and on appeal. Except as provided in subsection (3) of this section

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ORS 659A.890 Civil action for violation of ORS 659A.865. (1) Any person aggrieved by a violation of ORS 659A.865 may bring a civil action in the manner provided by ORS 659A.885 (3) and recover the same relief as provided by ORS 659A.885 (3) for unlawful practices

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ORS 659A.990 Penalties. Violation of ORS 659A.810 is a Class A misdemeanor. [2001 c.621 §66; 2011 c.597 §274]

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