2017 ORS 659A.845¹
Formal charges

(1) If the Commissioner of the Bureau of Labor and Industries issues a finding of substantial evidence under ORS 659A.835 (Investigation) and the matter cannot be settled through conference, conciliation and persuasion, or if the commissioner determines that the interest of justice requires that a hearing be held without first seeking settlement, the commissioner may prepare formal charges. Formal charges must contain all information required for a notice under ORS 183.415 (Notice of right to hearing) and must specify the allegations of the complaint to which the respondent will be required to make response. Formal charges shall also set the time and place for hearing the formal charges.

(2)(a) The commissioner shall serve the formal charges on all respondents found to have engaged in the unlawful practice.

(b) If the formal charges allege a violation of 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, the commissioner shall serve on the named respondents and complainants the formal charges and a notice of the right of the respondents and complainants under ORS 659A.870 (Election of remedies) to opt for a court trial instead of a hearing under ORS 659A.850 (Hearing).

(3) The commissioner may not prepare formal charges 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 after trial has begun in a civil action that the complainant commenced under state or federal law and that seeks relief with respect to that unlawful or discriminatory practice. [2001 c.621 §7; 2007 c.903 §9; 2008 c.36 §11; 2015 c.609 §1]

Note: The amendments to 659A.845 (Formal charges) by section 4, chapter 609, Oregon Laws 2015, become operative October 1, 2021. See section 6, chapter 609, Oregon Laws 2015, as amended by section 2, chapter 325, Oregon Laws 2017. The text that is operative on and after October 1, 2021, is set forth for the user’s convenience.

659A.845 (Formal charges). (1) If the Commissioner of the Bureau of Labor and Industries issues a finding of substantial evidence under ORS 659A.835 (Investigation) and the matter cannot be settled through conference, conciliation and persuasion, or if the commissioner determines that the interest of justice requires that a hearing be held without first seeking settlement, the commissioner shall prepare formal charges. Formal charges must contain all information required for a notice under ORS 183.415 (Notice of right to hearing) and must specify the allegations of the complaint to which the respondent will be required to make response. Formal charges shall also set the time and place for hearing the formal charges.

(2)(a) The commissioner shall serve the formal charges on all respondents found to have engaged in the unlawful practice.

(b) If the formal charges allege a violation of 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, the commissioner shall serve on the named respondents and complainants the formal charges and a notice of the right of the respondents and complainants under ORS 659A.870 (Election of remedies) to opt for a court trial instead of a hearing under ORS 659A.850 (Hearing).

(3) The commissioner may not prepare formal charges 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 after trial has begun in a civil action that the complainant commenced under state or federal law and that seeks relief with respect to that unlawful or discriminatory practice.

Note: Sections 3 and 7, chapter 609, Oregon Laws 2015, provide:

Sec. 3. No later than February 1, 2021, the Commissioner of the Bureau of Labor and Industries shall submit to the appropriate legislative committees a written report on the resolution of complaints before the commissioner in the two-year period prior to June 30, 2015, and on the resolution of those complaints after the implementation of the amendments to ORS 659A.845 (Formal charges) and 659A.870 (Election of remedies) by sections 1 and 2, chapter 609, Oregon Laws 2015. [2015 c.609 §3; 2017 c.325 §1]

Sec. 7. Section 3, chapter 609, Oregon Laws 2015, is repealed on October 1, 2021. [2015 c.609 §7; 2017 c.325 §3]

Notes of Decisions

Under Former Similar Statute (Ors 659.060)

Commissioner had authority to decide whether charges of general racial discrimina­tion beyond scope of particular employe’s original complaint were proper. School District No. 1 v. Nilsen, 262 Or 559, 499 P2d 1309 (1972)

(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 (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.