Title 51, Labor and Employment; Unlawful Discrimination

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…

(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, i…

(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 ag…

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 compla…

(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 a…

(1) Except as provided in subsection (2) of this section: (a) A civil action under ORS 659A.885 alleging an unlawful employment practice other than a violation of ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced within one year after the occurrence of the u…

(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 se…

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 aut…

(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,…

(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. (2) As a defense to any cause of action arising under this section, the …

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

It is the policy of the State of Oregon: (1) To encourage the development of an apprenticeship and training system through the voluntary cooperation of management, labor and interested state agencies, and in cooperation with other states and the federal government. (2) To provide…

(1) ORS 660.002 to 660.210 shall apply to persons, political subdivisions, employer associations, and organizations of employees that agree to conform to its provisions. (2) Nothing in ORS 660.002 to 660.210 is intended to supersede the civil service or merit systems applicable t…

As used in ORS 660.002 to 660.210, unless the context requires otherwise: (1) “Apprentice” means a worker who is at least 16 years of age, except when a higher minimum age is otherwise required by law, and who is employed to learn an apprenticeable occupation under standards of a…

Local joint committees formed under ORS 660.135, trade committees for apprenticeship and training formed under ORS 660.145 and state joint committees formed under ORS 660.155 shall not be considered state agencies for any purpose. [1997 c.31 §2]

(1) Every apprentice and either the apprentice’s program sponsor or the local joint committee shall sign a written apprenticeship agreement on a form approved by the State Apprenticeship and Training Council or on a form to which the council chairperson may grant interim approval…

To be registered with the State Apprenticeship and Training Council, every apprenticeship or training agreement shall contain: (1) The names and signatures of the apprentice or trainee and of a parent or guardian if the apprentice or trainee is a minor; (2) The names and addresse…

(1) The State Apprenticeship and Training Council shall consist of nine members, including the Commissioner of the Bureau of Labor and Industries and eight members appointed by the Governor as follows: (a) Four members from apprenticeable building and construction crafts or trade…

(1) The State Apprenticeship and Training Council, under the direction of the Apprenticeship and Training Division of the Bureau of Labor and Industries, shall enforce the provisions of ORS 660.002 to 660.210 in order to carry out the intent and purposes of those provisions. The …

(1) Apprenticeship standards shall contain statements of: (a) The apprenticeable occupation to be taught and a designation of the geographical area or areas in which the standards will apply; (b) The qualifications required of apprentice applicants and the minimum eligible starti…

(1) In each locality where apprentices are employed, the State Apprenticeship and Training Council may approve as many local joint committees as are necessary to serve the needs of the various apprenticeable occupations. Local joint committees in building and construction trades …

Every local apprenticeship or training program administered by a local joint committee, or by a trade committee functioning as a local joint committee, shall: (1) Propose to the State Apprenticeship and Training Council and the Apprenticeship and Training Division of the Bureau o…

(1) Unless the State Apprenticeship and Training Council determines there is an adverse impact on apprenticeship opportunities based on an individual’s race, sex, sexual orientation, gender identity or ethnic group, an applicant who is otherwise eligible for selection as an appre…

(1) A training agent may not pay an apprentice at a rate less than that obtained by applying the schedule, set forth in the applicable standards, at the apprentice’s level of apprenticeship, to the journeyworker hourly rate of wage currently in effect for journeyworkers in the oc…