OAR 839-009-0330
Unlawful Practice under ORS 659A.270 to 659A.290; Prohibited Discrimination; Notice Obligations of All Employers; Obligations of State of Oregon as Employer


(1)

It is an unlawful employment practice for an employer covered under ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) to deny leave for victims of domestic violence, harassment, sexual assault or stalking to an eligible employee or to discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee inquires about, applies for, or takes leave as provided under 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) for victims of domestic violence, harassment, sexual assault or stalking.

(2)

It is an unlawful employment practice under ORS 659A.290 (Prohibited conduct by employer) for any employer to discriminate against an individual because an individual is a victim of domestic violence, harassment, sexual assault or stalking. See OAR 839-005-0160 (Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices) and 839-005-0170 (Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation; Certification; Records Confidential).

(3)

Every employer covered under ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) shall keep summaries of 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 695A.285 and summaries of all rules promulgated for the enforcement of these statutes posted in a conspicuous and accessible place in or about the premises where the employees of the covered employer are employed. Employers may download any number of summaries from the website of the Bureau of Labor and Industries at no charge, or upon request of a printed copy from the bureau, the first copy shall be furnished without charge.

(4)

Upon request, the bureau shall furnish the complete text of all rules promulgated pursuant to ORS 659A.270 (Definitions for ORS 659A.270 to 659A.285) to 659A.285 (Use of paid leave) to any employer without charge.

(5)

The State of Oregon shall annually inform all its employees of the provisions of 659A.290 (Prohibited conduct by employer), regarding reasonable safety accommodations.

(6)

If the State of Oregon has knowledge, or reasonably should have knowledge, that its employee is a victim of domestic violence, harassment, sexual assault or stalking and that any direct or indirect communication from a suspected or convicted perpetrator is made or attempted to be made in the workplace to the eligible employee, the State of Oregon shall immediately inform the employee and offer to report the communication to law enforcement.

Source: Rule 839-009-0330 — Unlawful Practice under ORS 659A.270 to 659A.290; Prohibited Discrimination; Notice Obligations of All Employers; Obligations of State of Oregon as Employer, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-009-0330.

839‑009‑0200
Oregon Family Leave Act (OFLA): Purpose and Scope
839‑009‑0210
OFLA: Definitions
839‑009‑0220
OFLA: Relationship to FMLA
839‑009‑0230
OFLA: Purposes for Taking Leave
839‑009‑0240
OFLA: Length of Leave and Other Conditions of OFLA Leave
839‑009‑0245
OFLA: Intermittent Leave and Alternate Duty
839‑009‑0250
OFLA: Notice by Employee
839‑009‑0260
OFLA: Medical Verification and Scheduling of Treatment
839‑009‑0265
OFLA: Medical Verification in Languages Other than English
839‑009‑0270
OFLA: Job Protection
839‑009‑0280
OFLA: Use of Paid Leave
839‑009‑0290
OFLA: Special Rules for Public School Teachers
839‑009‑0300
OFLA: Postings
839‑009‑0320
OFLA: Enforcement and Retaliation
839‑009‑0325
Leave for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purpose and Scope
839‑009‑0330
Unlawful Practice under ORS 659A.270 to 659A.290
839‑009‑0340
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Definitions under ORS 659A.270 to 659A.290
839‑009‑0345
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Purposes for Taking Leave under ORS 659A.270 to 659A.285
839‑009‑0350
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Length of Leave and Other Conditions
839‑009‑0355
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Undue Hardship under ORS 659A.270 to 659A.285
839‑009‑0360
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Intermittent Leave and Alternate Duty
839‑009‑0362
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Notice by Employee under ORS 659A.270 to 659A.285
839‑009‑0363
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Use of Paid Leave under ORS 659A.270 to 659A.285
839‑009‑0365
Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Enforcement and Denial of leave under ORS 659A.270 to 659A.285
839‑009‑0370
Oregon Military Family Leave Act (OMFLA): Purpose and Scope
839‑009‑0380
OMFLA: Definitions
839‑009‑0390
OMFLA: Length of Leave
839‑009‑0400
OMFLA: Prohibited Discrimination
839‑009‑0410
OMFLA: Relationship to OFLA
839‑009‑0420
OMFLA: Relationship to FMLA
839‑009‑0430
OMFLA: Notice by Employee
839‑009‑0440
OMFLA: Use of Paid Leave
839‑009‑0450
OMFLA: Job Protection
839‑009‑0460
OMFLA: Enforcement and Retaliation
Last Updated

Jun. 8, 2021

Rule 839-009-0330’s source at or​.us