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.(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
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