OAR 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: Rule 839-003-0025 — Filing a Complaint: Employment (other than OSEA) and Public Accommodation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0025.

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 839-003-0025’s source at or​.us