Hours

ORS 652.220
Prohibition of discriminatory wage rates based on sex

  • exceptions
  • employer not to discriminate against employee who is complainant


(1)

It is an unlawful employment practice under ORS chapter 659A for an employer to:

(a)

In any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character.

(b)

Pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character.

(c)

Screen job applicants based on current or past compensation.

(d)

Determine compensation for a position based on current or past compensation of a prospective employee. This paragraph is not intended to prevent an employer from considering the compensation of a current employee of the employer during a transfer, move or hire of the employee to a new position with the same employer.

(2)

Notwithstanding subsection (1) of this section:

(a)

An employer may pay employees for work of comparable character at different compensation levels if all of the difference in compensation levels is based on a bona fide factor that is related to the position in question and is based on:

(A)

A seniority system;

(B)

A merit system;

(C)

A system that measures earnings by quantity or quality of production, including piece-rate work;

(D)

Workplace locations;

(E)

Travel, if travel is necessary and regular for the employee;

(F)

Education;

(G)

Training;

(H)

Experience; or

(I)

Any combination of the factors described in this paragraph, if the combination of factors accounts for the entire compensation differential.

(b)

An employer may pay employees for work of comparable character at different compensation levels on the basis of one or more of the factors listed in paragraph (a) of this subsection that are contained in a collective bargaining agreement.

(3)

An employer may not in any manner discriminate in the payment of wages or other compensation against any employee because the employee has filed a complaint under ORS 659A.820 (Complaints) or in a proceeding under ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) or 659A.885 (Civil action) or has testified, or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceedings pursuant to ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages), 659A.830 (Authority of commissioner) or 659A.885 (Civil action) or in a criminal action pursuant to ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages).

(4)

An employer may not reduce the compensation level of an employee to comply with the provisions of this section.

(5)

It is not a violation of this section for an employer to pay a different level of compensation to an employee who:

(a)

Pursuant to a claim for a compensable injury under ORS chapter 656, receives wages for modified work; or

(b)

As a result of a medical condition, is temporarily performing modified work that is:

(A)

Authorized by a medical professional licensed under ORS chapter 677; or

(B)

Requested by the employee and authorized by the employer in a manner that does not discriminate against employees on the basis of a protected class.

(6)

Amounts owed to an employee because of the failure of the employer to comply with the requirements of this section are unpaid wages.

(7)

An employee who asserts a violation under this section may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 (Complaints), a civil action under ORS 652.230 (Employee right of action against employer for unpaid wages and damages) or a civil action under 659A.885 (Civil action).

(8)

An employer shall post a notice of the requirements of this section in every establishment where employees work. The Bureau of Labor and Industries shall make available to employers a template that meets the required notice provisions of this section. [1955 c.193 §2; 2017 c.197 §2; 2019 c.617 §2]

Notes of Decisions

Action on behalf of alleged class of employes of defendant telephone company alleging sex discrimination in wage rates and retaliatory acts after administrative discrimination complaints were filed raised issues of statutory construction more appropriately resolved by state courts. Forsberg v. Pacific Northwest Bell Telephone Co., 623 F Supp 117 (1985)

To make prima facie case that wages were paid at rate less than rate paid to opposite sex, plaintiffs had to show merely that they were performing work comparable to that of male teachers and were paid less than male teachers and did not have burden of proving pay differential was based on sex. Smith v. Bull Run School District No. 45, 80 Or App 226, 722 P2d 27 (1986), Sup Ct review denied

Law Review Citations

20 WLR 261 (1984)

§§ 652.110 to 652.405

Notes of Decisions

Where employer was charged with criminal violation of Massachusetts payment of wages statute for failing to pay discharged employees for their unused vacation time, employer's policy of paying discharged employees for unused vacation time was not "employee welfare benefits plan" under section 3 (1) of Employee Retirement Income Security Act of 1974 (ERISA) and criminal action to enforce that policy is therefore not foreclosed by section 514 (a) of ERISA. Massachusetts v. Morash, 490 U.S. 107, 109 S. Ct. 1668, 104 L.Ed 98 (1989)

It is unnecessary to imply private right of action for employee against secured creditor in possession under ORS 652.310 to 652.405 when to do so would render provisions of ORS 652.110 to 652.250 superfluous. Stout v. Citicorp Industrial Credit, Inc., 102 Or App 637, 796 P2d 373 (1990), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021