ORS 659A.820¹
Complaints

(1) As used in this section, for purposes of a complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law, “person claiming to be aggrieved by an unlawful practice” includes, but is not limited to, a person who believes that the person:

(a) Has been injured by an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or a discriminatory housing practice; or

(b) Will be injured by an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or a discriminatory housing practice that is about to occur.

(2) Any person claiming to be aggrieved by an unlawful practice may file with the Commissioner of the Bureau of Labor and Industries a verified written complaint that states the name and address of the person alleged to have committed the unlawful practice. The complaint must be signed by the complainant. The complaint must set forth the acts or omissions alleged to be an unlawful practice. The complainant may be required to set forth in the complaint such other information as the commissioner may require. Except as provided in subsection (3) of this section or ORS 654.062 (Notice of violation to employer by worker), a complaint under this section must be filed no later than one year after the alleged unlawful practice.

(3) A complaint alleging an unlawful employment practice as described in ORS 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited), 659A.082 (Discrimination against person for service in uniformed service prohibited), 659A.112 (Employment discrimination) or 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) must be filed no later than five years after the occurrence of the alleged unlawful employment practice.

(4)(a) Except as provided in paragraph (b) of this subsection, a complaint may not be filed under this section if a civil action has been commenced in state or federal court alleging the same matters.

(b) The prohibition described in paragraph (a) of this subsection does not apply to a complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or alleging discrimination under federal housing law.

(5) If an employer has one or more employees who refuse or threaten to refuse to abide by the provisions of this chapter or to cooperate in carrying out the purposes of this chapter, the employer may file with the commissioner a verified complaint requesting assistance by conciliation or other remedial action.

(6) Except as provided in subsection (7) of this section, the commissioner shall notify the person against whom a complaint is made within 30 days of the filing of the complaint. The commissioner shall include in the notice the date, place and circumstances of the alleged unlawful practice.

(7) The commissioner shall notify the person against whom a complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law is made within 10 days of the filing of the complaint. The commissioner shall include in the notice:

(a) The date, place and circumstances of the alleged unlawful practice; and

(b) A statement that the person against whom the complaint is made may file an answer to the complaint. [2001 c.621 §2; 2007 c.71 §214; 2007 c.903 §6; 2008 c.36 §7; 2009 c.108 §1; 2017 c.197 §5; 2019 c.343 §5; 2019 c.463 §5]

Note: The amendments to 659A.820 (Complaints) by section 5, chapter 343, Oregon Laws 2019, and section 5, chapter 463, Oregon Laws 2019, apply to conduct prohibited by 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment) or 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) occurring on or after October 1, 2020. See section 10, chapter 343, Oregon Laws 2019, and section 10, chapter 463, Oregon Laws 2019, as amended by section 6b, chapter 463, Oregon Laws 2019.

Notes of Decisions

Under Former Similar Statute (Ors 659.040)

When employer fires employe who misses work due to injury compensable by workers’ compensa­tion, unlawful labor practice occurs when he is fired rather than when he later requests reinstate­ment. Dobie v. Liberty Homes, 53 Or App 366, 632 P2d 449 (1981)

Law Review Cita­tions

Under Former Similar Statute (Ors 659.040)

19 WLR 65 (1983)

(formerly 659.280 to 659.290)

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/­ors/­ors659A.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 659A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano659A.­html (2019) (last ac­cessed May 16, 2020).
 
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