Health Care Facilities
Unlawful employment practices
- civil action for retaliation
(1)A hospital that takes any retaliatory action described in ORS 441.181 (Retaliation prohibited) against a nursing staff commits an unlawful employment practice.
(2)A nursing staff claiming to be aggrieved by an alleged violation of ORS 441.181 (Retaliation prohibited) may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820 (Complaints). Except for the provisions of ORS 659A.870 (Election of remedies), 659A.875 (Time limitations), 659A.880 (Ninety-day notice) and 659A.885 (Civil action), violation of ORS 441.181 (Retaliation prohibited) is subject to enforcement under ORS chapter 659A.
(3)Except as provided in subsection (4) of this section, a civil action under ORS 441.183 (Remedies for retaliation) must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820 (Complaints).
(4)The nursing staff who has filed a complaint under ORS 659A.820 (Complaints) must commence a civil action under ORS 441.183 (Remedies for retaliation) within 90 days after a 90-day notice is mailed to the nursing staff under this section.
(5)The commissioner shall issue a 90-day notice to the nursing staff:
(a)If the commissioner dismisses the complaint within one year after the filing of the complaint and the dismissal is for any reason other than the fact that a civil action has been filed.
(b)On or before the one-year anniversary of the filing of the complaint unless a 90-day notice has previously been issued under paragraph (a) of this subsection or the matter has been resolved by the execution of a settlement agreement.
(6)A 90-day notice under this section must be in writing and must notify the nursing staff that a civil action against the hospital under ORS 441.183 (Remedies for retaliation) may be filed within 90 days after the date of mailing of the 90-day notice and that any right to bring a civil action against the hospital under ORS 441.183 (Remedies for retaliation) will be lost if the action is not commenced within 90 days after the date of mailing of the 90-day notice.
(7)The remedies under this section and ORS 441.183 (Remedies for retaliation) are supplemental and not mutually exclusive. [Formerly 441.178]
Atty. Gen. Opinions
Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963