OAR 839-004-0003
Definitions: Discrimination for Opposition to Practices Prohibited by Oregon Safe Employment Act (OSEA)
(1)
“Discrimination” includes but is not limited to:(a)
Barring or discharging an individual from employment;(b)
Treating an individual differently than others in compensation, terms, conditions or privileges of employment;(c)
Retaliating against or harassing an individual for participating in activities protected by ORS 654.062 (Notice of violation to employer by worker)(5); or(d)
Actions described in (a)–(c) of this section taken against individuals by persons that are not the individual’s employer or prospective employer, such as, but not limited to, labor organizations and employment agencies.(2)
“Employee” includes:(a)
Any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish services for remuneration, financial or otherwise, subject to the direction and control of an employer;(b)
Salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations; and(c)
Any individual including but not limited to a volunteer who is provided with workers’ compensation coverage as a subject worker pursuant to ORS Chapter 656 (Workers’ Compensation), whether by operation of law or by election.(3)
“Employer” includes:(a)
Any person who has one or more employees;(b)
Any sole proprietor or member of a partnership who elects workers’ compensation coverage as a subject worker pursuant to ORS 656.128 (Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer); and(c)
Any successor or assignee of an employer. As used in this paragraph, “successor” means a business or enterprise that is substantially the same entity as the predecessor employer according to criteria adopted by the Oregon Department of Consumer and Business Services in OAR 437-001-0015 (Definitions).(4)
“Person” means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, any organized group of persons, the state, state agencies, counties, municipal corporations, school districts and other public corporations or subdivisions.(5)
“Place of employment” includes:(a)
Every place, whether indoors or out or underground, and the premises and structures appurtenant thereto, where either temporarily or permanently an employee works or is intended to work; and(b)
Every place where there is carried on any process, operation or activity related, either directly or indirectly, to an employer’s industry, trade, business or occupation, including a labor camp, wherever located, provided by an employer for employees or by another person engaged in providing living quarters or shelters for employees.(6)
“Place of employment” does not include:(a)
Any place where the only employment involves non subject workers employed in or about a private home; and(b)
Any corporate farm where the only employment involves the farm’s family members, including parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, nieces, nephews or grandchildren.
Source:
Rule 839-004-0003 — Definitions: Discrimination for Opposition to Practices Prohibited by Oregon Safe Employment Act (OSEA), https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-004-0003.