Oregon Bureau of Labor and Industries

Rule Rule 839-003-0025
Filing a Complaint: Employment (other than OSEA) and Public Accommodation


(1)

Complaints under the Oregon Safe Employment Act (OSEA), which includes 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), must be filed in accordance with OAR 839-003-0031 (Filing a Complaint under the Oregon Safe Employment Act (OSEA)).

(2)

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) must be filed in accordance with OAR 839-003-0200 (Filing a Housing Discrimination Complaint), or 839-003-0245 (Commissioner’s Complaint in Housing Discrimination Cases) (Commissioner’s Housing Complaint).

(3)

Commissioner’s complaints other than commissioner’s housing complaints must be filed in accordance with OAR 839-003-0100 (Commissioner’s Complaint: Employment and Public Accommodation).

(4)

An aggrieved person or the aggrieved person’s attorney may file a complaint alleging unlawful practices, in person or by mail, with the division at any bureau office in the state of Oregon. The complaint must meet the standards provided in OAR 839-003-0005 (Definitions: Employment and Public Accommodation)(4).

(5)

The filing date is the date the division receives a complaint that meets the standards provided in OAR 839-003-0005 (Definitions: Employment and Public Accommodation)(4).

(6)

A complaint must be filed with the division no later than one year after the alleged unlawful practice occurred. If the alleged unlawful practice is of a continuing nature, the right to file a complaint exists so long as the person files the complaint within one year of the most recent date the unlawful practice occurred.

(7)

An aggrieved person alleging constructive discharge from employment must file a discrimination complaint with the division within one year of the date the discharge occurred.

(8)

The procedures for filing a complaint are as follows:

(a)

An aggrieved person or the aggrieved person’s attorney makes an inquiry to the division;

(b)

The division may provide the aggrieved person or the aggrieved person’s attorney with a letter of information and/or questionnaire to assist in determining whether there is a basis for filing a complaint;

(c)

If the division determines the aggrieved person has a basis for filing a complaint, the division will draft a complaint based upon the information provided by the aggrieved person and send or give the complaint to the aggrieved person or the aggrieved person’s attorney for review. The aggrieved person or the aggrieved person’s attorney will request any necessary changes to the complaint.

(d)

The aggrieved person will verify and sign the complaint. The complaint will then be submitted to the division.

(e)

If the aggrieved person is an unemancipated minor the complaint must be signed by the minor and the parent or legal guardian of the minor.
Source

Last accessed
Jun. 8, 2021