Title 51, Labor and Employment; Unlawful Discrimination

The requirements of ORS 659A.147 apply only to employers who employ six or more persons. [2019 c.139 §4] FAMILY LEAVE

As used in ORS 659A.150 to 659A.186: (1) “Covered employer” means an employer described in ORS 659A.153. (2) “Eligible employee” means any employee of a covered employer other than those employees exempted under the provisions of ORS 659A.156. (3) “Family leave” means a leave of …

(1) The requirements of ORS 659A.150 to 659A.186 apply only to employers who employ 25 or more persons in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which the leave is to be taken or in the year immediately preceding the y…

(1) All employees of a covered employer are eligible to take leave for any of the purposes specified in ORS 659A.150 to 659A.186 except: (a) An employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would co…

In order to determine whether an individual qualifies as a family member by reason of affinity, as that term is used in ORS 659A.150, consideration shall be given to whether there exists a significant personal bond attributable to factors, established by the Commissioner of the B…

(1) Family leave under ORS 659A.150 to 659A.186 may be taken by an eligible employee for any of the following purposes: (a) To care for a child of the employee who is suffering from an illness, injury or condition that requires home care or who requires home care due to the closu…

(1)(a) Except as specifically provided by ORS 659A.150 to 659A.186, an eligible employee is entitled to up to a total of 12 weeks of family leave for a purpose described in ORS 659A.159 within any one-year period. (b) Leave taken under ORS 659A.150 to 659A.186 is in addition to, …

(1) For purposes of determining the amount of family leave that an eligible employee is entitled to take within a given one-year period, “one-year period” means a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave commences…

(1) Except as provided in subsection (2) of this section, a covered employer may require an eligible employee to give the employer written notice at least 30 days before commencing family leave. The employer may require the employee to include an explanation of the need for the l…

(1) Except as provided in subsection (2) of this section, a covered employer may require medical verification from a health care provider of the need for the leave if the leave is for a purpose described in ORS 659A.159 (1)(a) other than to care for a child who requires home care…

(1) After returning to work after taking family leave under the provisions of ORS 659A.150 to 659A.186, an eligible employee is entitled to be restored to the position of employment held by the employee when the leave commenced if that position still exists, without regard to whe…

(1) Except as provided in subsection (2) 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, family leave is not required to be granted with pa…

(1) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for the purpose specified in ORS 659A.159 (1)(b) during the three-week period before the end of the term, and the duration of the leave is greater than five workin…

A covered employer shall post a notice of the requirements of ORS 659A.150 to 659A.186 in every establishment of the employer in which employees are employed. The Bureau of Labor and Industries shall provide notices to covered employers meeting the requirements of this section. […

It is an unlawful practice for a covered employer to: (1) Deny family leave to which an eligible employee is entitled under ORS 659A.150 to 659A.186; or (2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of…

(1) ORS 659A.150 to 659A.186 do not limit any right of an employee to any leave that is similar to the leave described in ORS 659A.159 (1) and to which the employee may be entitled under any agreement between the employer and the employee, collective bargaining agreement or emplo…

As used in ORS 659A.190 to 659A.198: (1) “Covered employer” means an employer who employs six or more persons in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to attend a criminal procee…

(1) As used in this section, “undue hardship” means a significant difficulty and expense to a business and includes consideration of the size of the covered employer’s business and the covered employer’s critical need for the employee. (2) Except as provided in subsection (3) of …

A covered employer who denies leave to an eligible employee or who discharges, threatens to discharge, intimidates or coerces because the employee takes leave to attend a criminal proceeding commits an unlawful employment practice. [2003 c.603 §4; 2011 c.210 §3]

(1) An eligible employee shall give the covered employer: (a) Reasonable notice of the employee’s intention to take leave to attend a criminal proceeding; and (b) Copies of any notices of scheduled criminal proceedings that the employee receives from a law enforcement agency unde…

(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) It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee ha…

As used in ORS 659A.200 to 659A.224: (1) “Disciplinary action” includes but is not limited to any discrimination, dismissal, demotion, transfer, reassignment, supervisory reprimand, warning of possible dismissal or withholding of work, whether or not the action affects or will af…

(1) Subject to ORS 659A.206, except as provided in ORS 659A.200 to 659A.224, it is an unlawful employment practice for any public or nonprofit employer to: (a) Prohibit any employee from discussing, either specifically or generally with any member of the Legislative Assembly, leg…

ORS 659A.200 to 659A.224 are not intended to: (1) Prohibit a supervisor or appointing authority from requiring that an employee inform the supervisor or appointing authority as to official requests for information to the agency or subdivision or the substance of testimony made, o…

ORS 659A.200 to 659A.224 are not intended to: (1) Allow disclosure of records exempt from disclosure except as provided in ORS 192.338, 192.345 and 192.355. (2) Prevent public employers from prohibiting employee disclosure of information of an advisory nature to the extent that i…

(1) An employee’s good faith and objectively reasonable belief of a violation of federal, state or local law, rule or regulation by the employer shall be an affirmative defense to a civil or criminal charge related to the disclosure by the employee of lawfully accessed informatio…

(1) In order to protect the safety of the citizens of this state, it is the policy of this state that all public employers and their employees cooperate with law enforcement officials in the apprehension of persons subject to a felony or misdemeanor warrant for arrest. (2) Notwit…

The remedies provided for violations of ORS 659A.203 and 659A.218 under this chapter are in addition to any appeal proceeding available under ORS 240.560 for a state employee or under any comparable provisions for employees of political subdivisions. [Formerly 659.530]

(1) The identity of the employee who discloses any of the following shall not be disclosed by a public employer without the written consent of the employee during any investigation of the information provided by the employee, relating to: (a) Matters described in ORS 659A.203 (1)…

(1) The Bureau of Labor and Industries shall adopt a uniform standards and procedures manual that provides guidelines for implementing ORS 659A.200 to 659A.224. (2) The bureau shall make the manual available to the public on the bureau’s website. (3) The manual must include, but …

(1) The Bureau of Labor and Industries, in consultation and cooperation with the agencies described in subsection (2) of this section, shall collect and compile information and data relating to disclosures of information made under ORS 659A.200 to 659A.224. The information and da…

(1) The Bureau of Labor and Industries by rule shall ensure that the requirements of ORS 659A.200 to 659A.224 are applied uniformly to all public employers. Each public employer may adopt rules, consistent with Bureau of Labor and Industries rules, that apply to that public emplo…

ORS 659A.200 to 659A.224 shall be known as the Whistleblower Law. [Formerly 659.545] (Reports of Violations of Election Laws)

(1) In addition to the conduct prohibited in ORS 659A.199, it is an unlawful employment practice for a person to discriminate or retaliate against another person with respect to hire or tenure, compensation or other terms, conditions or privileges of employment for the reason tha…

(1) It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee ha…

It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in…

It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment solely for the reason that the employee has testifie…

(1) For purposes of ORS 659A.250 to 659A.262, “access” means ingress to and egress from residential areas which are concentrated in a central location. It shall not include: (a) The right to enter the individual residences of employees unless a resident of the household consents …

(1) Employers shall not restrict access by authorized persons or invited persons to any housing owned, rented or in any manner controlled by the employer where employees are residing. Authorized persons or invited persons must announce their presence on the premises upon request.…

Employers may adopt reasonable rules and regulations concerning the use and occupancy of such housing including hours of access which must be posted in a conspicuous place at least three days prior to enforcement. Such rules shall be enforceable as to employees, invited persons a…

(1) It is an unlawful employment practice for an employer to expel or evict from housing referred to in ORS 659A.250 to 659A.262 or to discharge, demote, suspend from employment or in any other manner discriminate or retaliate against an employee or any member of the employee’s h…

(1) In the event that any person claiming to be an authorized or invited person is denied access to housing, the person may apply to any magistrate having jurisdiction to issue warrants, for an order authorizing the person to gain access to the housing. (2) The application pursua…

As used in ORS 659A.270 to 659A.285: (1) “Covered employer” means an employer who employs six or more individuals in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to address domestic vio…

Except as provided in ORS 659A.275, a covered employer shall allow an eligible employee to take reasonable leave from employment for any of the following purposes: (1) To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the e…

(1) As used in this section, “undue hardship” means a significant difficulty and expense to a covered employer’s business and includes consideration of the size of the employer’s business and the employer’s critical need for the eligible employee. (2) A covered employer may limit…

It is an unlawful employment practice for a covered employer to deny leave to an eligible employee or to discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditi…

Every covered employer shall keep summaries of ORS 659A.270 to 659A.285 and summaries of all rules promulgated by the Commissioner of the Bureau of Labor and Industries for the enforcement of ORS 659A.270 to 659A.285 posted in a conspicuous and accessible place in or about the pr…

(1) An eligible employee shall give the covered employer reasonable advance notice of the employee’s intention to take leave for the purposes identified in ORS 659A.272, unless giving the advance notice is not feasible. (2) The covered employer may require the eligible employee t…

(1) As used in this section, “public employer” means the State of Oregon. (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 sta…