OAR 839-010-0100
Reporting Violations of Law or Aiding Criminal, Civil or Administrative Proceeding: Prohibited Discrimination by Employers


(1)

ORS 659A.199 (Prohibited conduct by employer) prohibits any employer with one or more employees in Oregon from discharging, demoting, suspending, or in any manner discriminating or retaliating against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported information to anyone that the employee believes is evidence of a violation of any state or federal law, rule or regulation.

(2)

ORS 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited) prohibits any employer with one or more employees in Oregon from discriminating or retaliating against an employee because the employee has in good faith, or the employer believes the employee has:

(a)

Reported to any person, orally or in writing, criminal activity by any person;

(b)

Reported to any person, orally or in writing, any activity the employee believed to be criminal;

(c)

Caused criminal charges to be brought against any person, whether by the complainant’s information or by a complaint, as defined in ORS 131.005 (General definitions)(3) and (4);

(d)

Cooperated with a law enforcement agency criminal investigation, whether or not under subpoena;

(e)

Brought a civil proceeding against an employer; or

(f)

Testified at a civil proceeding or criminal trial, whether or not under subpoena. (With regard to civil proceedings, see also OAR 839-010-0140 (Protection in Activities Related to Civil Proceedings).)

(3)

ORS 659A.233 (Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited) prohibits any employer with one or more employees in Oregon from discriminating or retaliating against a current, former, or any other employer’s employee because the employee has in good faith:

(a)

Reported possible violations of ORS chapter 441, ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties);

(b)

Testified at an unemployment compensation hearing; or

(c)

Testified at a hearing conducted pursuant to ORS chapter 657.

(4)

ORS 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours) prohibits any employer with one or more employees in Oregon from discriminating or retaliating against a current, former, or any other employer’s employee because:

(a)

The employee has made a wage claim or has discussed with anyone, inquired of anyone, or consulted an attorney or agency about a wage claim; or

(b)

The employee has caused to be instituted, has testified in or is about to testify in any proceedings under or related to ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund).

(5)

ORS 653.060 (Discharging or discriminating against employee prohibited) prohibits any employer with one or more employees in Oregon from discharging or in any other manner discriminating against a current, former, or any other employer’s employee because:

(a)

The employee has made an oral or written complaint to anyone that the employee has not been paid wages in accordance with ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions);

(b)

The employee has caused to be instituted or is about to cause to be instituted or has testified or is about to testify in any proceeding under or related to ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions).

Source: Rule 839-010-0100 — Reporting Violations of Law or Aiding Criminal, Civil or Administrative Proceeding: Prohibited Discrimination by Employers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-010-0100.

Last Updated

Jun. 8, 2021

Rule 839-010-0100’s source at or​.us