2017 ORS 659A.200¹
Definitions for ORS 659A.200 to 659A.224

As used in ORS 659A.200 (Definitions for ORS 659A.200 to 659A.224) to 659A.224 (Short title):

(1) “Disciplinary action” includes but is not limited to any discrimination, dismissal, demotion, transfer, reassignment, supervisory reprimand, warning of possible dismissal or withholding of work, whether or not the action affects or will affect employee compensation.

(2) “Employee” means a person:

(a) Employed by or under contract with the state or any agency of or political subdivision in the state;

(b) Employed by or under contract with any person authorized to act on behalf of the state, or agency of the state or subdivision in the state, with respect to control, management or supervision of any employee;

(c) Employed by the public corporation created under ORS 656.751 (State Accident Insurance Fund Corporation created);

(d) Employed by a contractor who performs services for the state, agency or subdivision, other than employees of a contractor under contract to construct a public improvement;

(e) Employed by or under contract with any person authorized by contract to act on behalf of the state, agency or subdivision;

(f) Employed by a nonprofit organization; or

(g) Serving as a member of a board of directors of a nonprofit organization who is not otherwise considered an employee.

(3) “Information” includes public and private records, documents and electronically stored data.

(4) “Knowledge” means actual knowledge.

(5) “Nonprofit organization” or “nonprofit” means an organization or group of organizations that:

(a) Receives public funds by way of grant or contract; and

(b) Is exempt from income tax under section 501(c)(3) of the Internal Revenue Code.

(6) “Public employer” means:

(a) The state or any agency of or political subdivision in the state;

(b) Any person authorized to act on behalf of the state, or any agency of or political subdivision in the state, with respect to control, management or supervision of any employee; or

(c) An employer who employs an employee described in subsection (2)(a) to (e) of this section. [Formerly 659.505; 2014 c.78 §2; 2015 c.3 §49; 2016 c.73 §3]

(formerly 659.280 to 659.290)

Law Review Cita­tions

26 WLR 394-395 (1990)

Notes of Decisions

“Employed by” means having one’s per­sonal services engaged or used by employer, with employer reserving right to control means by which such service is or will be performed; “under contract with” means providing services to employer, but not being subject to employer’s control over method by which services are provided. Dinicola v. State of Oregon, 280 Or App 488, 382 P3d 547 (2016), Sup Ct review denied

Where plaintiff remained on state payroll while on leave from state after assuming full-time duties as president of union and union reimbursed state for state’s pay­ments to plaintiff, plaintiff was not employed by or under contract with state for purposes of this sec­tion. Dinicola v. State of Oregon, 280 Or App 488, 382 P3d 547 (2016), Sup Ct review denied

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/­ors/­ors659A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 659A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano659A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.