2017 ORS 659A.875¹
Time limitations

(1) Except as provided in subsection (2) of this section, a civil action under ORS 659A.885 (Civil action) alleging an unlawful employment practice must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820 (Complaints).

(2) A person who has filed a complaint under ORS 659A.820 (Complaints) must commence a civil action under ORS 659A.885 (Civil action) within 90 days after a 90-day notice is mailed to the complainant under ORS 659A.880 (Ninety-day notice). This subsection does not apply to a complainant 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.

(3) A civil action alleging 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) must be commenced not later than two years after the occurrence or the termination of the unlawful practice, or within two years after the breach of any settlement agreement entered into under ORS 659A.840 (Settlement), whichever occurs last. The two-year period shall not include any time during which an administrative proceeding was pending with respect to the unlawful practice.

(4) A civil action under ORS 659A.885 (Civil action) alleging an unlawful practice in violation of ORS 659A.403 (Discrimination in place of public accommodation prohibited) or 659A.406 (Aiding or abetting certain discrimination prohibited) must be commenced within one year of the occurrence of the unlawful practice.

(5) The notice of claim required under ORS 30.275 (Notice of claim) must be given in any civil action under ORS 659A.885 (Civil action) against a public body, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), or any officer, employee or agent of a public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300).

(6) Notwithstanding ORS 30.275 (Notice of claim) (9), a civil action under ORS 659A.885 (Civil action) against a public body, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), or any officer, employee or agent of a public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), based on an unlawful employment practice must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820 (Complaints). [2001 c.621 §13; 2005 c.452 §1; 2008 c.36 §14]

Note: The amendments to 659A.875 (Time limitations) by section 8, chapter 197, Oregon Laws 2017, become operative January 1, 2019. See section 14, chapter 197, Oregon Laws 2017. The text that is operative on and after January 1, 2019, is set forth for the user’s convenience.

659A.875 (Time limitations). (1) Except as provided in subsection (2) of this section, a civil action under ORS 659A.885 (Civil action) alleging an unlawful employment practice must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820 (Complaints).

(2) A person who has filed a complaint under ORS 659A.820 (Complaints) must commence a civil action under ORS 659A.885 (Civil action) within 90 days after a 90-day notice is mailed to the complainant under ORS 659A.880 (Ninety-day notice). This subsection does not apply to a complainant 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.

(3) A civil action alleging 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) must be commenced not later than two years after the occurrence or the termination of the unlawful practice, or within two years after the breach of any settlement agreement entered into under ORS 659A.840 (Settlement), whichever occurs last. The two-year period shall not include any time during which an administrative proceeding was pending with respect to the unlawful practice.

(4) A civil action under ORS 659A.885 (Civil action) alleging an unlawful practice in violation of ORS 659A.403 (Discrimination in place of public accommodation prohibited) or 659A.406 (Aiding or abetting certain discrimination prohibited) must be commenced within one year of the occurrence of the unlawful practice.

(5) The notice of claim required under ORS 30.275 (Notice of claim) must be given in any civil action under ORS 659A.885 (Civil action) against a public body, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), or any officer, employee or agent of a public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300).

(6) Notwithstanding ORS 30.275 (Notice of claim) (9), a civil action under ORS 659A.885 (Civil action) against a public body, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), or any officer, employee or agent of a public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), based on an unlawful employment practice must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820 (Complaints).

(7) For the purpose of time limitations, a compensation practice that is unlawful under ORS 652.220 (Prohibition of discriminatory wage rates based on sex) occurs each time compensation is paid under a discriminatory compensation decision or other practice.

(8) Notwithstanding ORS 30.275 (Notice of claim) (2)(b), notice of claim against a public body under ORS 652.220 (Prohibition of discriminatory wage rates based on sex) or 659A.355 (Discrimination based on wage inquiry or wage complaint) must be given within 300 days of discovery of the alleged loss or injury.

Notes of Decisions

Under Former Similar Statute (Ors 659.121)

Applicable statute of limita­tions for ac­tions under ORS 654.062 (Notice of violation to employer by worker) is one-year period for filing unlawful employ­ment practice claim. Raptopolous v. WS, Inc., 738 F. Supp. 394 (D. Or. 1990)

Require­ment that civil suit or ac­tion must be commenced within one year of alleged unlawful practice if no complaint has been filed with Commissioner of Bureau of Labor and Industries is statute of limita­tions subject to equitable tolling. Logan v. West Coast Benson Hotel, 981 F. Supp. 1301 (D. Or. 1997)

“One year” means calendar year of 365 or 366 days. Neff v. Jackson County, 187 Or App 402, 67 P3d 977 (2003)

In General

Limita­tion period commenced by notice letter from Bureau of Labor and Industries applies to claims filed in federal court. Sharer v. State of Oregon, 481 F. Supp. 2d 1156 (D. Or. 2007)

Where ac­tion is filed after end of limita­tion period commenced by notice letter from Bureau of Labor and Industries, but before end of limita­tion period commenced by letter from United States Equal Employ­ment Opportunity Commission, ac­tion is untimely. Sharer v. State of Oregon, 481 F. Supp. 2d 1156 (D. Or. 2007)

(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.