ORS 659A.890¹
Civil action for violation of ORS 659A.865

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

(2) As a defense to any cause of action arising under this section, the defendant may plead and prove that either:

(a) Subsequent to the defendant’s conduct on which the plaintiff bases the cause of action, the complaint under ORS 659A.820 (Complaints) has been dismissed by the Commissioner of the Bureau of Labor and Industries or deputy, or the court, either for want of evidence to proceed to a hearing or for lack of merit after such hearing; or

(b) In the case of the sale of real property, defendant’s conduct giving rise to plaintiff’s cause of action was neither committed within the first two years after notice by the commissioner or deputy of the filing of the complaint under ORS 659A.820 (Complaints), nor within any extended period of time obtained at the request of respondent for disposition of the case. [Formerly 659.105]

Law Review Cita­tions

26 WLR 394-395 (1990)

Notes of Decisions

Termina­tion of employ­ment in retalia­tion for invoking Oregon Family Leave Act rights constitutes wrongful discharge in viola­tion of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 659A—Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors659A.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 659A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­659aano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information