2017 ORS 659A.206¹
Effects of ORS 659A.200 to 659A.224 on employees

ORS 659A.200 (Definitions for ORS 659A.200 to 659A.224) to 659A.224 (Short title) are not intended to:

(1) Prohibit a supervisor or appointing authority from requiring that an employee inform the supervisor or appointing authority as to official requests for information to the agency or subdivision or the substance of testimony made, or to be made, by the employee to legislators or members of the elected governing body of a political subdivision on behalf of the agency or subdivision;

(2) Permit an employee to leave the employee’s assigned work areas during normal work hours without following applicable rules and policies pertaining to leaves, unless the employee is requested by:

(a) A member of the Legislative Assembly or a legislative committee to appear before a legislative committee;

(b) A member of the elected governing body of a political subdivision to appear before the governing body of the political subdivision; or

(c) An elected auditor of a city, county or metropolitan service district to participate in an investigation or audit;

(3) Authorize an employee to represent the employee’s personal opinions as the opinions of the agency or subdivision;

(4) Except as specified in ORS 659A.212 (Policy on cooperation with law enforcement officials) (2), authorize an employee to disclose information required to be kept confidential under state or federal law, rule or regulation;

(5) Restrict or preclude disciplinary action against an employee if the information disclosed by the employee is known by the employee to be false, if the employee discloses the information with reckless disregard for its truth or falsity, or if the information disclosed relates to the employee’s own violations, mismanagement, gross waste of funds, abuse of authority or endangerment of the public health or safety; or

(6) Restrict or impair any judicial right of action an employee or an employer has under existing law. [Formerly 659.515; 2010 c.24 §2]

(formerly 659.280 to 659.290)

Law Review Cita­tions

26 WLR 394-395 (1990)

(formerly 659.515)

Notes of Decisions

Statutory right of ac­tion for discrimina­tion against employee whistleblower does not prevent employee from bringing common law ac­tion for wrongful discharge. Olsen v. Deschutes County, 204 Or App 7, 127 P3d 655 (2006), 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.