Title 51, Labor and Employment; Unlawful Discrimination

Fees required for farmworker camp indorsements shall be established under ORS 658.413. [1989 c.962 §5a; 1995 c.500 §8; 1999 c.399 §8]

(1) All farmworker camp indorsement fees received by the Commissioner of the Bureau of Labor and Industries under ORS 658.810 shall be credited to the Bureau of Labor and Industries Account. Notwithstanding ORS 651.160 (1) and 658.413 (4), moneys credited to the account under thi…

(1) The Commissioner of the Bureau of Labor and Industries may adopt rules necessary for the administration of ORS 658.705 to 658.850. (2) All rules adopted under ORS 658.705 to 658.850 shall be issued in compliance with ORS 183.310 to 183.410. (3) All proceedings relating to the…

The Commissioner of the Bureau of Labor and Industries shall not revoke, suspend or refuse to renew or reissue an indorsement under ORS 658.740 or any rule adopted thereunder, or assess penalties under ORS 658.850 for violations of ORS chapter 654 or any rule adopted thereunder u…

In pursuing its duties under ORS chapter 654, the Department of Consumer and Business Services shall report to the Bureau of Labor and Industries any violation of this chapter observed by department staff. [1989 c.962 §16]

The Department of Consumer and Business Services and the Commissioner of the Bureau of Labor and Industries shall adopt an interagency agreement to coordinate the application of all laws the department and the commissioner are charged with administering with respect to farm labor…

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $2,000 for each violation of any provision of ORS 658.705 to 658.850. (2) Civil penalties under this section shall be imposed as p…

(1) Violation of ORS 658.005 to 658.245 or 658.250 is a Class C misdemeanor. (2) Violation of ORS 658.452 is a Class A misdemeanor. (3) Any person who intentionally defaces, alters or changes a license or permit to act as a labor contractor, or who uses the license or permit of a…

As used in this section and ORS 659.785: (1) “Constituent group” includes, but is not limited to, civic associations, community groups, social clubs and mutual benefit alliances, including labor organizations. (2) “Employee” means an individual engaged in service to an employer i…

(1) An employer or the employer’s agent, representative or designee may not discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize or take any adverse employment action against an employee: (a) Because the employee declines to atten…

(1) No person shall, by force, threats, or intimidation, prevent, or endeavor to prevent, any person employed by another from continuing or performing work, or from accepting any new work or employment. (2) No person shall circulate any false written or printed matter, or be conc…

(1) No corporation, company or individual shall blacklist or publish, or cause to be blacklisted or published, any employee, mechanic or laborer discharged by such corporation, company or individual, with intent and for the purpose of preventing such employee, mechanic or laborer…

(1) No employer of labor shall directly or through any agent, knowing and with intent to deceive, file with any employment agency as a preliminary to securing labor, a false written or printed statement of wages to be paid, work to be performed or living and working conditions. (…

No person, firm, company, corporation, or association of any kind employing labor, shall, either in person or through any agent, manager or other legal representatives, induce, influence, persuade or engage workers to change from one place to another in this state or bring worker…

(1) Any worker of this state, or any worker of another state, who is influenced, induced or persuaded to engage with any persons mentioned in ORS 659.815, through or by means of any of the things prohibited in that statute, shall have a right of action for: (a) Recovery of all da…

Whenever an employer has agreed in writing with any employee to make payments to a health and welfare, dental, pension, vacation, apprenticeship and industry fund or any other such plan for the benefit of the employees, or has entered into a collective bargaining agreement provid…

(1) An employee benefit plan may not include any provision which has the effect of limiting or excluding coverage or payment for any health care for an individual who would otherwise be covered or entitled to benefits or services under the terms of the employee benefit plan becau…

Where a parent is required by a court or administrative order to provide health coverage that is available through an employer doing business in this state, the employer shall: (1) Permit the parent to enroll under family coverage a child who is otherwise eligible for coverage wi…

(1) No person, or agent or representative of such person, shall require, as a condition for employment or continuation of employment, any person or employee to take a breathalyzer test, polygraph test or any other form of a so-called lie detector test. However, nothing in this se…

(1) No person shall, with intent to defraud, sign for and accept or receive transportation to or in the direction of a place of employment provided by or at the instance or expense of the proposed employer, or knowingly or with intent to defraud accept or receive the benefit of a…

(1) As used in this section: (a)(A) “Discrimination” means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on race, color, religion, sex, sexual orientation, gend…

(1) As used in this section: (a) “Education program” means an education program provided by: (A) A school district; (B) A public charter school; (C) An education service district; (D) A long term care or treatment facility, as described in ORS 343.961; (E) The Youth Corrections E…

(1) Any public elementary or secondary school or program determined by the Superintendent of Public Instruction to be in noncompliance with provisions of this section and ORS 332.505 (2), 659.850 and 659.852 shall be subject to appropriate sanctions, as established by rule of the…

(1) Any person claiming to be aggrieved by unlawful discrimination as prohibited by ORS 659.850 may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 to 30.300, damages, or both. The court may order such other relief a…

(1) No public or private organization or individual: (a) Shall infringe in any manner on the right of an athlete to compete in or train for any athletic event duly sanctioned by the national governing body for that sport as recognized by the United States Olympic Committee. (b) S…

(1) An individual may not, on the basis of actual or perceived race, color, national origin, sex, sexual orientation, gender identity, age or disability, be excluded from participation in, be denied the benefits of or otherwise be subjected to discrimination by any health benefit…

(1) Violation of ORS 659.815 is a Class A misdemeanor. (2) Violation of ORS 659.805 by any officer or agent of a corporation or any other person is a Class C misdemeanor. (3) Violation of ORS 659.800 is a Class B misdemeanor. (4) Violation of ORS 659.810 or 659.845 is a Class C m…

As used in this chapter: (1) “Bureau” means the Bureau of Labor and Industries. (2) “Commissioner” means the Commissioner of the Bureau of Labor and Industries. (3) “Employee” does not include any individual employed by the individual’s parents, spouse or child or in the domestic…

The purpose of this chapter is to encourage the fullest utilization of the available workforce by removing arbitrary standards of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability as a barrier to employment of the …

The amendments to ORS 10.030, 20.107, 30.860, 93.270, 109.035, 166.155, 166.165, 174.100, 179.750, 192.630, 240.306, 338.125, 353.100, 418.648, 418.925, 421.352, 430.550, 443.739, 458.505, 659.850, 659A.003, 659A.006, 659A.030, 659A.403, 659A.406, 659A.409, 659A.421, 659A.805, 65…

(1) It is declared to be the public policy of Oregon that practices of unlawful discrimination against any of its inhabitants because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability or familial status are a matt…

It is declared to be the public policy of Oregon that the available workforce should be utilized to the fullest extent possible. To this end, the abilities of an individual, and not any arbitrary standards that discriminate against an individual solely because of age, should be t…

(1) To achieve the public policy of the State of Oregon for persons in the state to attain employment and advancement without discrimination because of race, religion, color, sex, marital status, national origin, disability or age, every state agency shall be required to include …

In carrying out the policy of affirmative action, every state agency shall include in its affirmative action reports under ORS 659A.012 information concerning its awards of construction, service and personal service contracts awarded to minority businesses. [Formerly 659.027] UNL…

For purposes of ORS 659A.030, the phrase “because of sex” includes, but is not limited to, because of pregnancy, childbirth and related medical conditions or occurrences. An individual affected by the individual’s pregnancy, childbirth or related medical conditions or occurrences…

(1) It is an unlawful employment practice: (a) For an employer, because of an individual’s race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religio…

(1) An employer violates ORS 659A.030 if: (a) The employer does not allow an employee to use vacation leave, or other leave available to the employee, for the purpose of allowing the employee to engage in the religious observance or practices of the employee; and (b) Reasonably a…

ORS 659A.033 shall be known and may be cited as the “Oregon Workplace Religious Freedom Act.” [2009 c.744 §5] Note: 659A.036 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 P…

It is an unlawful employment practice for any person acting on behalf of an employer to discriminate against a worker with respect to hire or tenure or any term or condition of employment because the worker has: (1) Applied for or inquired about benefits under ORS chapter 656; (2…

(1) A worker who has sustained a compensable injury shall be reinstated by the worker’s employer to the worker’s former position of employment upon demand for such reinstatement, if the position exists and is available and the worker is not disabled from performing the duties of …

(1) A worker who has sustained a compensable injury and is disabled from performing the duties of the worker’s former regular employment shall, upon demand, be reemployed by the worker’s employer at employment which is available and suitable. (2) A certificate of the worker’s att…

The rights of reinstatement afforded by ORS 659A.043 and 659A.046 shall not be forfeited if the worker refuses to return to the worker’s regular or other offered employment without release to such employment by the worker’s attending physician or a nurse practitioner authorized t…

(1) In addition to the rights provided to injured workers under ORS 659A.043 and 659A.046, if all permanent restrictions of an injured worker are known and: (a) The injured worker was employed at the time of injury by any agency in the legislative department of the government of …

As used in ORS 659A.060 to 659A.069, unless the context requires otherwise: (1) “Group health benefits” means that form of health benefits provided by the State of Oregon to cover groups of employees, with or without one or more members of their families or one or more dependents…

(1) The State of Oregon shall cause group health benefits to continue in effect with respect to that worker and any covered dependents or family members by timely payment of the premium that includes the contribution due from the state under the applicable benefit plan, subject t…

If the State of Oregon’s obligation to continue paying premiums for health benefits under ORS 659A.063 expires or terminates, the worker may continue coverage by paying the entire premium pursuant to ORS 743B.342. [Formerly 659.460]

It is an unlawful employment practice for the State of Oregon to discriminate against a worker with respect to hire or tenure or any term or condition of employment because the worker has applied for benefits or invoked or utilized the procedures provided for in ORS 659A.060 to 6…

(1) As used in this section: (a) “Service” means the performance of duty on a voluntary or involuntary basis in a uniformed service that may involve active duty, active duty for training, initial active duty for training, inactive duty for training, full-time duty in the National…

(1) An employee shall be granted a leave of absence by the employer of the employee to perform active state service if: (a) The employee is a member of the organized militia of this state and is called into active service of the state under ORS 399.065 or 399.075. (b) The employe…

(1) Any violation of ORS 659A.086 (1) to (3) by an employer is an unlawful employment practice. (2) Complaints alleging a violation of ORS 659A.086 (1) to (3) may be filed by employees with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.…