OAR 839-010-0140
Protection in Activities Related to Civil Proceedings

Under ORS 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited) and these rules, an employee is protected in activities related to civil proceedings. A civil proceeding, as used in ORS 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited) and these rules, includes a proceeding before an administrative agency or a court. The employee is protected under the statute if:

(1)

The employee has brought, in good faith, a civil proceeding against an employer.

(a)

Bringing a civil proceeding, as used in ORS 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited) and the rules, includes filing complaints to or cooperation with administrative agencies as well as courts.

(b)

An employee is considered to have initiated a civil proceeding when the employee has contacted an administrative agency the employee believes in good faith to have jurisdiction and the ability to sanction the employer.

(c)

The employer against whom a civil proceeding is filed or initiated need not be the employee’s current employer.

(2)

The employee has testified in good faith, whether or not under subpoena, in any civil proceeding.

(3)

The employer believes that the employee has engaged in the civil proceedings acts described above.

Source: Rule 839-010-0140 — Protection in Activities Related to Civil Proceedings, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-010-0140.

Last Updated

Jun. 8, 2021

Rule 839-010-0140’s source at or​.us