OAR 839-003-0020
Civil Action: Employment and Public Accommodation

(1)

Civil actions in state or federal court alleging unlawful practices under 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 are covered under OAR 839-003-0235 (Civil Action under State and Federal Housing Law) and not under this rule.

(2)

An aggrieved person alleging unlawful practices may file a civil action in state or federal court as provided in ORS 659A.870 (Election of remedies) to 659A.885 (Civil action).

(a)

An aggrieved person is not required to file a complaint of unlawful practices with the division before filing a civil action alleging the unlawful practices.

(b)

An aggrieved person filing a civil action alleging unlawful practices waives the right to file a complaint with the division with respect to those matters alleged in the civil action.

(3)

After filing a complaint with the division, an aggrieved person may file a civil action in state or federal court alleging the same matters as those alleged in the complaint. The aggrieved person should notify the division of the civil action. When the division receives notice from the aggrieved person or aggrieved person’s attorney, or court documents indicating that such a civil action has been filed, the division will dismiss the complaint. The division will notify the aggrieved person and respondent that the division has dismissed the complaint.
(4)The commissioner will notify the aggrieved person in writing of the right to file a civil action as provided in ORS 659A.870 (Election of remedies) to 659A.885 (Civil action), when a complaint is dismissed by the division or on the one-year anniversary of the complaint filing, whichever occurs first. Except as provided in section (5) of this rule, the aggrieved person has 90 days from the notice mailing date to file a civil action.

(5)

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) (public accommodation) must be commenced within one year of the occurrence of the unlawful practice, whether or not the aggrieved person first files a complaint with the division.

(6)

An aggrieved person filing a complaint with the division alleging unlawful practices by a public body or any officer, employee or agent of a public body, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), need not file a tort claim notice with the public body. However, ORS 30.275 (Notice of claim) requires a tort claim notice be sent by the aggrieved person to the public body within 180 days of the alleged unlawful practice if: the aggrieved person files a civil action in court instead of filing a complaint with the division; or a complaint is dismissed by or withdrawn from the division, and the aggrieved person then files a civil action. The division encourages aggrieved persons filing complaints against public bodies to file a tort claim notice at the same time they file the complaint.

(7)

A civil action or an action for a writ of mandamus alleging breach of a settlement agreement to which the division is a party may be filed as provided by ORS 659A.840 (Settlement) and 659A.860 (Settlement agreements and orders) in the manner provided by ORS 659A.885 (Civil action)(3). An aggrieved person may instead file a complaint with the commissioner to seek enforcement of a settlement agreement to which the division is a party, within one year after the act or omission alleged to be a violation of the agreement. The commissioner will process the complaint in the same manner as provided for a complaint filed under ORS 659A.820 (Complaints).

Source: Rule 839-003-0020 — Civil Action: Employment and Public Accommodation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0020.

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 839-003-0020’s source at or​.us