OAR 839-003-0100
Commissioner’s Complaint: 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). Commissioner’s complaints of housing discrimination are addressed in OAR 839-003-0245 (Commissioner’s Complaint in Housing Discrimination Cases).
(2)The commissioner of the Bureau of Labor and Industries may make, sign and file a complaint whenever the commissioner has reason to believe that any person or group of persons has been denied rights due to an unlawful practice or employment practice. The complaint will be processed in the same manner as any other complaint filed under OAR 839-003-0025 (Filing a Complaint: Employment (other than OSEA) and Public Accommodation).

(3)

The commissioner may identify an aggrieved person or persons in a commissioner’s complaint, by name, pseudonym or by general description as being aggrieved by an alleged unlawful practice or otherwise similarly situated to a person eligible to file a complaint under ORS 659A.820 (Complaints).

(4)

Any cease and desist order issued in a proceeding in which the commissioner filed a complaint may, in addition to any other action authorized by law, include remedies for an aggrieved person or persons.

(5)

In the matter of concurrent complaints, nothing in these rules will be construed to:

(a)

Require or prohibit the filing of a commissioner’s complaint involving the same or similar issues or allegations stated in any other complaint filed with the division or circuit court by an individual under ORS 659A.820 (Complaints), 659A.825 (Complaints filed by Attorney General or commissioner), or 659A.885 (Civil action);

(b)

Require or prohibit the continued processing or initiation of a commissioner’s complaint in the event that a complaint filed with the division or circuit court by an individual under ORS 659A.820 (Complaints), 659A.825 (Complaints filed by Attorney General or commissioner), or 659A.885 (Civil action), is resolved or dismissed, with or without remedy to the individual; or

(c)

Alter or limit an individual’s private right of action provided under ORS 659A.870 (Election of remedies) to 659A.885 (Civil action).

Source: Rule 839-003-0100 — Commissioner’s Complaint: Employment and Public Accommodation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0100.

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 839-003-0100’s source at or​.us