2015 ORS 652.220¹
Prohibition of discriminatory wage rates based on sex
  • employer not to discriminate against employee who is complainant

(1) No employer shall:

(a) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills.

(b) Pay wages to any employee at a rate less than that at which the employer pays wages to employees of the opposite sex for work of comparable character, the performance of which requires comparable skills.

(2) Subsection (1) of this section does not apply where:

(a) Payment is made pursuant to a seniority or merit system which does not discriminate on the basis of sex.

(b) A differential in wages between employees is based in good faith on factors other than sex.

(3) No employer shall in any manner discriminate in the payment of wages against any employee because the employee has filed a complaint in a proceeding under ORS 652.210 (Definitions for ORS 652.210 to 652.230) to 652.230 (Employee right of action against employer for unpaid wages and damages), or has testified, or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceedings pursuant to ORS 652.210 (Definitions for ORS 652.210 to 652.230) to 652.230 (Employee right of action against employer for unpaid wages and damages) or in a criminal action pursuant to ORS 652.210 (Definitions for ORS 652.210 to 652.230) to 652.230 (Employee right of action against employer for unpaid wages and damages). [1955 c.193 §2]

Notes of Decisions

Ac­tion on behalf of alleged class of employes of defendant telephone company alleging sex discrimina­tion in wage rates and retaliatory acts after administrative discrimina­tion complaints were filed raised issues of statutory construc­tion more appropriately resolved by state courts. Forsberg v. Pacific Northwest Bell Telephone Co., 623 F Supp 117 (1985)

To make prima facie case that wages were paid at rate less than rate paid to opposite sex, plaintiffs had to show merely that they were performing work comparable to that of male teachers and were paid less than male teachers and did not have burden of proving pay differential was based on sex. Smith v. Bull Run School District No. 45, 80 Or App 226, 722 P2d 27 (1986), Sup Ct review denied

Law Review Cita­tions

20 WLR 261 (1984)

Notes of Decisions

Where employer was charged with crim­i­nal viola­tion of Massachusetts pay­ment of wages statute for failing to pay discharged employees for their unused vaca­tion time, employer's policy of paying discharged employees for unused vaca­tion time was not "employee welfare benefits plan" under sec­tion 3 (1) of Employee Retire­ment Income Security Act of 1974 (ERISA) and crim­i­nal ac­tion to enforce that policy is therefore not foreclosed by sec­tion 514 (a) of ERISA. Massachusetts v. Morash, 490 U.S. 107, 109 S. Ct. 1668, 104 L.Ed 98 (1989)

It is unnecessary to imply private right of ac­tion for employee against secured creditor in pos­ses­sion under ORS 652.310 (Definitions of employer and employee) to 652.405 (Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto) when to do so would render pro­vi­sions of ORS 652.110 (Method of paying employees) to 652.250 (Public employee's wages as affected by absence to engage in search or rescue operation) superfluous. Stout v. Citicorp Industrial Credit, Inc., 102 Or App 637, 796 P2d 373 (1990), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 652—Hours; Wages; Wage Claims; Records, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors652.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 652, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano652.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.