OAR 839-003-0090
Remedy: Employment and Public Accommodation

(1)

This section does not apply to housing discrimination 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). Remedies in complaints of housing discrimination are addressed in OAR 839-003-0230 (Remedies in Housing Discrimination Complaints).

(2)

In cases of unlawful employment practices, remedy includes, but is not limited to:

(a)

Employment or reemployment;

(b)

Wages or other benefits lost due to the unlawful practice;

(c)

Out-of-pocket expenses attributable to the unlawful practice;

(d)

Compensation for emotional distress and impaired personal dignity; and

(e)

Interest.

(3)

Consideration of all acts alleged to comprise a hostile work environment in a complaint, including alleged acts occurring outside the one year statute of limitations for filing a complaint, is permissible for the purposes of assessing liability, so long as any act contributing to that hostile work environment takes place within the statutory period.

(3)

In order to recover damages for lost wages, the aggrieved person will generally be required to mitigate damages by seeking employment.

(a)

Earned income from employment may be deducted from lost wage damages.

(b)

In most cases, unearned income such as unemployment or public assistance benefits will not be deducted from lost wage damages.

(4)

Settlements of complaints and the awards in commissioner’s Final Orders do not necessarily include all possible remedies named in sections (2) and (3) of this rule. Nothing in this rule will be construed to limit or alter the statutory powers of the commissioner to protect the rights of persons similarly situated to the aggrieved person or to order the performance of an act or a series of acts designed to eliminate the effect of any unlawful practice found.

(5)

The commissioner may order the respondent to eliminate the effects of any unlawful practice found and may require respondent to:

(a)

Perform a designated act or series of acts that are calculated to carry out the policy of these rules in order to eliminate the effects of an unlawful practice and to protect the rights of those affected;

(b)

Take action and submit reports to the commissioner on the manner of compliance with the terms and conditions specified in the commissioner’s order or agreement;

(c)

Refrain from any action prohibited by the order or agreement that would jeopardize the rights of the individuals or groups named in the complaint or would frustrate the purpose and the policy of these rules and relevant statutes.

(6)

When the respondent makes an offer of remedy, the division will inform the aggrieved person of the offer. If the aggrieved person does not accept an offer that the division has determined will eliminate the effects of the unlawful practice, the division may dismiss the complaint.

(7)

Any settlement agreement signed by the division or order issued by the commissioner may be enforced by mandamus or injunction or by civil action to compel specific performance.

Source: Rule 839-003-0090 — Remedy: Employment and Public Accommodation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0090.

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 839-003-0090’s source at or​.us