OAR 839-003-0005
Definitions: Employment and Public Accommodation

For purposes of these rules:

(1)

“Administrator” means the Administrator of the Civil Rights Division of the Bureau of Labor and Industries or a designee of the administrator.

(2)

“Aggrieved person” means:

(a)

A person who is, or was at any time, eligible to file a complaint under ORS 659A.820 (Complaints) or who is otherwise similarly situated;

(b)

A person who files a complaint personally or through an attorney under ORS 659A.825 (Complaints filed by Attorney General or commissioner); or

(c)

A person on whose behalf the commissioner files a complaint as provided in OAR 839-003-0100 (Commissioner’s Complaint: Employment and Public Accommodation) or -0245.

(3)

“Bureau” means the Bureau of Labor and Industries.

(4)

“Commissioner” means the commissioner of the Bureau of Labor and Industries or a designee of the commissioner.

(5)

“Complaint” means for the purposes of ORS chapter 659A, (except complaints under the Oregon Safe Employment Act (OSEA) in ORS chapter 654, housing discrimination complaints under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited), 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or the federal Fair Housing Act, or a commissioner’s complaint under ORS 659A.825 (Complaints filed by Attorney General or commissioner)) a written, verified statement that:

(a)

Gives the name and address of the aggrieved person and the respondent;

(b)

Identifies the protected class basis of the complaint;

(c)

Is signed by the aggrieved person;

(d)

Describes the actions complained of, including:

(A)

The date(s) of occurrence;

(B)

What the action was and how it harmed the aggrieved person; and

(C)

The causal connection between the aggrieved person’s protected class and the alleged harm.

(6)

“Days,” unless otherwise stated in the text of a document, means calendar days.

(7)

“Division” means the Civil Rights Division of the Bureau of Labor and Industries.

(8)

“EEOC” means the federal Equal Employment Opportunity Commission.

(9)

“Notice” means written information delivered personally or sent by mail to the person’s last known personal or business address or business address of the person’s designated representative.

(10)

“OSEA” means the Oregon Safe Employment Act, ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act), 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault), 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) and 654.991 (Penalties).

(11)

“Protected class” means a group of people protected by law from discrimination on the basis of a shared characteristic, or a perception of that characteristic, such as race, sex, age, disability or other.

(12)

“Person” has the meaning given in ORS 659A.001 (9).

(13)

“Respondent” includes any person or other entity against whom a complaint or charge of unlawful practices is filed with the division or whose name has been added to such complaint or charge pursuant to ORS 659A.835 (Investigation)(1).

(14)

“Formal charges” are charges drafted and issued by the bureau’s Administrative Prosecution Unit.

(15)

“Substantial evidence” means:

(a)

Proof that a reasonable person would accept as sufficient to support the allegations of the complaint, except complaints 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 the federal Fair Housing Act (42 U.S.C. 3601–3614a),

(b)

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 the federal Fair Housing Act (42 U.S.C. 3601–3614a), reasonable cause for the commissioner to believe the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of an administrative action or a civil action in circuit court.

(16)

“Substantial evidence determination” means the division’s written findings of substantial evidence.

(17)

“Written verified complaint” means a complaint that is in writing or print; and under oath or affirmation by the aggrieved person or the parent or legal guardian of an aggrieved person who is an unemancipated minor.

Source: Rule 839-003-0005 — Definitions: Employment and Public Accommodation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0005.

839‑003‑0000
Purpose and Scope 839‑003‑0005
Definitions: Employment and Public Accommodation 839‑003‑0010
Who May File: Employment and Public Accommodation 839‑003‑0015
Equal Employment Opportunity Commission 839‑003‑0020
Civil Action: Employment and Public Accommodation 839‑003‑0025
Filing a Complaint: Employment (other than OSEA) and Public Accommodation 839‑003‑0031
Filing a Complaint under the Oregon Safe Employment Act (OSEA) 839‑003‑0040
Amendment of Complaints: Employment and Public Accommodation 839‑003‑0045
Withdrawal of Complaint: Employment and Public Accommodation 839‑003‑0050
Administrative Dismissal: Employment and Public Accommodation 839‑003‑0055
Conciliation Agreements Prior to Completion of the Investigation 839‑003‑0060
Fact-Finding Conference 839‑003‑0065
Investigations: Employment and Public Accommodation 839‑003‑0070
Settlement Process After Substantial Evidence Determination: Employment and Public Accommodation 839‑003‑0080
Access to Records in Investigative Files 839‑003‑0085
Subpoenas 839‑003‑0090
Remedy: Employment and Public Accommodation 839‑003‑0095
Enforcement of Settlement Agreements and Orders: Employment and Public Accommodation 839‑003‑0100
Commissioner’s Complaint: Employment and Public Accommodation 839‑003‑0200
Filing a Housing Discrimination Complaint 839‑003‑0205
Amending a Housing Discrimination Complaint 839‑003‑0210
Withdrawal of a Housing Discrimination Complaint 839‑003‑0215
Administrative Dismissal of a Housing Discrimination Complaint 839‑003‑0220
Housing Discrimination Investigations 839‑003‑0225
Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints 839‑003‑0230
Remedies in Housing Discrimination Complaints 839‑003‑0235
Civil Action under State and Federal Housing Law 839‑003‑0240
Enforcement of Settlement Agreements and Orders in Housing Discrimination Complaints 839‑003‑0245
Commissioner’s Complaint in Housing Discrimination Cases
Last Updated

Jun. 8, 2021

Rule 839-003-0005’s source at or​.us