OAR 839-003-0031
Filing a Complaint under the Oregon Safe Employment Act (OSEA)

(1)

An aggrieved person or the aggrieved person’s attorney may file a complaint under 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) (OSEA), in person or by mail, with the division at any bureau office in the state of Oregon.

(2)

“Complaint” means a written statement signed by the aggrieved person 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.

(3)

A person alleging discrimination or retaliation for reporting or opposing unsafe or unhealthy work conditions under ORS 654.062 (Notice of violation to employer by worker) must contact the division within 90 days of having reasonable cause to believe that such violation has occurred. An employee would have reasonable cause to believe a violation has occurred on the earliest date that the employee:

(a)

Believed retaliation had occurred against the employee for opposing employee health and safety hazards; and

(b)

Knew or should have known of the right to file a complaint with the division and of the requirement that the complaint be filed within 90 days of the alleged retaliation.

(A)

If a notice required by OSEA, as provided in OAR 437-001-0275 (Posting Requirements)(2)(a), was properly posted in the employee’s workplace, continuously on and following the date of the alleged retaliation, the division will find that the employee knew or should have known of the 90-day filing requirement.

(B)

If the employer failed to post the required OSEA poster, the 90-day filing requirement will begin on the date the employee learned of the right to file a complaint and of the 90-day filing requirement. The employee may establish this date based on the employee’s own statement or other evidence offered by the employee.

(C)

If the employer disagrees with the employee’s presented date as the date the employee learned of the right to file a complaint, the burden is on the employer to show that the employee knew or should have known on an earlier date.

(D)

If extenuating circumstances exist, the division may extend the 90-day period as provided in 29 CFR §1977.15 (3).

Source: Rule 839-003-0031 — Filing a Complaint under the Oregon Safe Employment Act (OSEA), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0031.

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 839-003-0031’s source at or​.us