2017 ORS 659A.233¹
Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited

It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported possible violations of ORS chapter 441 or of ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) or has testified in good faith at an unemployment compensation hearing or other hearing conducted pursuant to ORS chapter 657. [Formerly 659.035]

(formerly 659.280 to 659.290)

Law Review Cita­tions

26 WLR 394-395 (1990)

(formerly 659.035)

Notes of Decisions

Plaintiff’s allega­tion that she was discharged for fulfilling societal obliga­tion of reporting viola­tions of state law states claim for wrongful discharge which is not abrogated by this sec­tion because there is no indica­tion legislature was even aware of any common law right of ac­tion for retaliatory discharge and because statutory remedy is inadequate in failing to compensate plaintiff for per­sonal injuries resulting from discharge. McCool v. Hillhaven Corp., 97 Or App 536, 777 P2d 1013 (1989), Sup Ct review denied

Protec­tion afforded to employee who “has testified in good faith” at employ­ment hearing applies only if employee actually performed act of testifying. Shuler v. Distribu­tion Trucking Co., 164 Or App 615, 994 P2d 167 (1999), Sup Ct review denied

Statutory right of ac­tion for discrimina­tion against reporting employee 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.