2007 ORS § 25.424¹
Liability of withholder for withholding and for failing to withhold
  • unlawful employment practice

(1) A withholder is not subject to civil liability to an individual or agency for conduct or actions in compliance with an order to withhold if the withholder:

(a) Is served with an order to withhold under ORS 25.402 (Service of order on withholder) that is regular on its face; and

(b) Complies with the terms of the order if the order appears to be in compliance with ORS 25.402 (Service of order on withholder).

(2) The withholder is liable for all amounts that the withholder fails to withhold or pay as required by the order to withhold or withholds or pays in excess of the amount required by the order to withhold. The holder of support rights, the obligor, the Division of Child Support or a district attorney may bring an action against the withholder:

(a) To recover all amounts that the withholder failed to withhold or pay or withheld or paid in excess of the amount required;

(b) To recover an additional amount as damages not to exceed the amount referred to in paragraph (a) of this subsection; and

(c) If the failure to withhold was willful or the result of gross negligence by the withholder, to have an additional amount imposed as a fine payable to the court not to exceed $250 for each time the withholder failed to withhold or pay or withheld or paid an amount exceeding the amount required and to pay reasonable costs of the action including attorney fees.

(3)(a) An employer commits an unlawful employment practice if the employer discharges an employee, refuses to hire an individual or in any other manner discriminates, retaliates or takes disciplinary action against an obligor because of the entry or service of an order to withhold under ORS 25.378 (Payment of support by income withholding) and 25.402 (Service of order on withholder) or because of the obligations or additional obligations that the order imposes upon the employer. An obligor may bring an action under ORS 659A.885 (Civil action) or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820 (Complaints). These remedies are in addition to any other remedy available in law or equity.

(b) Paragraph (a) of this subsection does not apply to actions taken by an employer pursuant to any condition of employment required by law.

(4) Nothing in ORS 25.372 (Applicability) to 25.427 (Rules) precludes an action for contempt for disobedience of a judicial order to withhold. [Formerly 25.363; 2001 c.621 §67; 2003 c.572 §10]