2017 ORS 659A.880¹
Ninety-day notice

(1) If a complaint filed under ORS 659A.820 (Complaints) alleges unlawful practices other than those unlawful practices described in ORS 659A.403 (Discrimination in place of public accommodation prohibited) and 659A.406 (Aiding or abetting certain discrimination prohibited), the Commissioner of the Bureau of Labor and Industries shall issue a 90-day notice to the complainant if the commissioner dismisses the complaint within one year after the filing of the complaint, and the dismissal is for any reason other than the fact that a civil action has been filed by the complainant.

(2) If the complaint filed under ORS 659A.820 (Complaints) alleges unlawful practices other than those unlawful practices described in ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited), 659A.403 (Discrimination in place of public accommodation prohibited), 659A.406 (Aiding or abetting certain discrimination prohibited) and 659A.421 (Discrimination in selling, renting or leasing real property prohibited), the commissioner shall issue a 90-day notice to the complainant on or before the one-year anniversary of the filing of the complaint unless a 90-day notice has previously been issued under subsection (1) of this section or the matter has been resolved by the execution of a settlement agreement.

(3) A 90-day notice under this section must be in writing and must notify the complainant that a civil action against the respondent under ORS 659A.885 (Civil action) may be filed within 90 days after the date of mailing of the 90-day notice, and that any right to bring a civil action against the respondent under ORS 659A.885 (Civil action) will be lost if the action is not commenced within 90 days after the date of the mailing of the 90-day notice.

(4) This section 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. [2001 c.621 §14; 2008 c.36 §15]

Notes of Decisions

Under Former Similar Statute (Ors 659.095)

Where plaintiff filed civil ac­tion within 90 days after Bureau of Labor notice of failure to reach settle­ment or file charges, filing was timely. Macy v. Zusman Metals Co., Inc., 314 Or 320, 838 P2d 591 (1992)

(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.