OAR 839-005-0036
Commissioner’s Complaint for Discrimination Based on Employment Status

(1)

Pursuant to ORS 659A.550 (Discrimination because of employment status prohibited) and except as permitted under ORS Chapter 240 (State Personnel Relations) or any other provision of law, it is an unlawful practice for an employer or employment agency to knowingly or purposefully publish in print or on the Internet an advertisement for a job vacancy in Oregon that provides that:

(a)

The qualifications for a job include current employment;

(b)

The employer or employment agency will not consider or review an application for employment submitted by a job applicant who is currently unemployed; or

(c)

The employer or employment agency will only consider or review applications for employment submitted by job applicants who are currently employed.

(2)

For purposes of the statute and this rule “employer” includes an employer’s agent, representative or designee.

(3)

ORS 659A.550 (Discrimination because of employment status prohibited) does not prohibit an employer or employment agency from publishing in print or on the Internet an advertisement for a job vacancy in Oregon:

(a)

Setting forth qualifications for a job vacancy, including but not limited to:
(i)
Holding a current and valid professional or occupational license, certificate, registration, permit or other credential; or
(ii)
A minimum level of education or training, or professional, occupational or field experience; or

(b)

Stating that only applicants who are current employees of the employer will be considered for the position.

(4)

A complaint of a violation of ORS 659A.550 (Discrimination because of employment status prohibited) may be filed only by the Commissioner of the Bureau of Labor and Industries (commissioner), under ORS 659A.885 (Civil action).

(5)

The Civil Rights Division of the Bureau of Labor and Industries has jurisdiction to accept and investigate commissioners’ complaints of alleged violations of ORS 659A.550 (Discrimination because of employment status prohibited) and to pursue enforcement against violations. Commissioner’s complaint procedures are found at OAR 839-003-0100 (Commissioner’s Complaint: Employment and Public Accommodation).

(6)

An employer or employment agency found by the commissioner to have violated ORS 659A.550 (Discrimination because of employment status prohibited) shall be assessed a civil penalty as provided under ORS 659A.855 (Civil penalty for certain complaints filed by commissioner).

(7)

The commissioner may issue a cease and desist order under the provisions of ORS 659.885(3).

(8)

ORS 659A.550 (Discrimination because of employment status prohibited) does not create or authorize a private cause of action by an aggrieved person against an employer or employment agency that is alleged to violate or has violated ORS 659A.550 (Discrimination because of employment status prohibited).

Source: Rule 839-005-0036 — Commissioner’s Complaint for Discrimination Based on Employment Status, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-005-0036.

839‑005‑0000
Purpose and Scope of these Rules 839‑005‑0003
Definitions: Enforcement of Laws Prohibiting Unlawful Practices 839‑005‑0005
Unlawful Discrimination Defined 839‑005‑0010
Discrimination Theories: Employment 839‑005‑0011
Constructive Discharge from Employment 839‑005‑0013
Bona Fide Occupational Qualification (BFOQ) and Affirmative Action Plan Exceptions in Employment 839‑005‑0014
Successors in Interest for Employment Discrimination 839‑005‑0021
Employment Discrimination Based on Sex or Sexual Orientation 839‑005‑0026
Employment Protections and Rights Relating to Pregnancy 839‑005‑0030
Sexual Harassment in Employment 839‑005‑0031
Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion 839‑005‑0036
Commissioner’s Complaint for Discrimination Based on Employment Status 839‑005‑0060
Employer Obtainment or Use of Credit History Information: Purpose and Scope of these Rules 839‑005‑0065
Employer Obtainment or Use of Credit History Information: Definitions 839‑005‑0070
Employer Obtainment or Use of Credit History Information: Unlawful Discrimination 839‑005‑0075
Employer Obtainment or Use of Credit History Information: Exceptions 839‑005‑0080
Employer Obtainment or Use of Credit History Information: Determining whether Credit History Is Substantially Job-Related 839‑005‑0085
Employer Obtainment or Use of Credit History Information: Enforcement and Retaliation 839‑005‑0125
Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices 839‑005‑0130
Discrimination Based on Protected Activity: Employees Serving or Scheduled to Serve as Jurors 839‑005‑0135
Discrimination Based on Protected Activity: Insurance Coverage for Employees Serving as Jurors 839‑005‑0138
Discrimination Based on Protected Activity: Child Support Obligations 839‑005‑0140
Accommodation of Employee Religious Practices 839‑005‑0160
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices 839‑005‑0170
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation 839‑005‑0195
Housing Discrimination: Purpose and Scope 839‑005‑0200
Housing Discrimination: Definitions 839‑005‑0205
Housing Discrimination: Prohibited Discrimination in Real Property Transactions 839‑005‑0206
Discrimination Theories: Housing 839‑005‑0210
Housing Discrimination: Exceptions 839‑005‑0215
Housing Discrimination: Religious Exemption 839‑005‑0220
Housing Discrimination: Discrimination in Real Property Transactions Against Individuals Based on Disabilities 839‑005‑0300
Discrimination by Career Schools: Purpose and Scope 839‑005‑0305
Discrimination by Career Schools: Definitions 839‑005‑0310
Discrimination by Career Schools: Unlawful Discrimination 839‑005‑0315
Discrimination Theories: Career Schools 839‑005‑0320
Discrimination by Career Schools: Authority of Superintendent of Public Instruction Related to Complaints under ORS 345.240 839‑005‑0325
Discrimination by Career Schools: Retaliation or Discrimination 839‑005‑0400
Employer Access to Employee or Applicant Social Media Accounts: Unlawful Employment Practice
Last Updated

Jun. 8, 2021

Rule 839-005-0036’s source at or​.us