Oregon Administrative Rules|Section 839-010-0100 - Prohibited Discrimination by Employers

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) ORS 659A.199prohibits any employer with one or more employees in Oregon from discharging, demoting, suspending, or in any manner discriminating or retaliating 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 information to anyone that the employee believes is evidence of a violation of any state or federal law, rule or regulation. 
 
(2) ORS 659A.230 prohibits any employer with one or more employees in Oregon from discriminating or retaliating against an employee because the employee has in good faith, or the employer believes the employee has: 
(a) Reported to any person, orally or in writing, criminal activity by any person; 
 
(b) Reported to any person, orally or in writing, any activity the employee believed to be criminal; 
 
(c) Caused criminal charges to be brought against any person, whether by the complainant's information or by a complaint, as defined in ORS 131.005(3) and (4); 
 
(d) Cooperated with a law enforcement agency criminal investigation, whether or not under subpoena; 
 
(e) Brought a civil proceeding against an employer; or 
 
(f) Testified at a civil proceeding or criminal trial, whether or not under subpoena. (With regard to civil proceedings, see also OAR 839-010-0140.) 
 
 
(3) ORS 659A.233 prohibits any employer with one or more employees in Oregon from discriminating or retaliating against a current, former, or any other employer's employee because the employee has in good faith: 
(a) Reported possible violations of ORS chapter 441, ORS 443.400 to 443.455; 
 
(b) Testified at an unemployment compensation hearing; or 
 
(c) Testified at a hearing conducted pursuant to ORS chapter 657. 
 
 
(4) ORS 652.355 prohibits any employer with one or more employees in Oregon from discriminating or retaliating against a current, former, or any other employer's employee because: 
(a) The employee has made a wage claim or has discussed with anyone, inquired of anyone, or consulted an attorney or agency about a wage claim; or 
 
(b) The employee has caused to be instituted, has testified in or is about to testify in any proceedings under or related to ORS 652.310 to 652.414. 
 
 
(5) ORS 653.060 prohibits any employer with one or more employees in Oregon from discharging or in any other manner discriminating against a current, former, or any other employer's employee because: 
(a) The employee has made an oral or written complaint to anyone that the employee has not been paid wages in accordance with ORS 653.010 to 653.261; 
 
(b) The employee has caused to be instituted or is about to cause to be instituted or has testified or is about to testify in any proceeding under or related to ORS 653.010 to 653.261.
 
 
Or. Admin. R. 839-010-0100
BL 4-1996, f. & cert. ef. 3-12-96; BLI 6-1998, f. & cert. ef. 10-22-98; BLI 17-2000, f. & cert. ef. 8-11-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 39-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 11-2010, f. & cert. ef. 2-24-10; BLI 2-2015, f. & cert. ef. 1-28-15
Stat. Auth.: ORS 659A.805, 652.355(2) & 653.060(2)
 
Stats. Implemented: ORS 659A.230, 652.355, 653.060 & 659A.199
This section was updated on 3/9/2015 by overlay.