Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.040
Discrimination against worker applying for workers’ compensation benefits prohibited

(1)

It is an unlawful employment practice for an employer to discriminate against a worker with respect to hire or tenure or any term or condition of employment because the worker has applied for benefits or invoked or utilized the procedures provided for in ORS chapter 656 or has given testimony under the provisions of those laws.

(2)

This section applies only to employers who employ six or more persons. [2001 c.621 §32]
§§ 659A.250 to 659A.262

(formerly 659.280 to 659.290)

Law Review Citations

26 WLR 394-395 (1990)

§§ 659A.150 to 659A.186

Notes of Decisions

Termination of employment in retaliation for invoking Oregon Family Leave Act rights constitutes wrongful discharge in violation of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied

Notes of Decisions

Where employer knows that worker has occupational injury or disease, knowledge constitutes worker invocation of worker's compensation procedure, even if worker has not given written notice that is required to perfect claim. Herbert v. Altimeter, Inc., 230 Or App 715, 218 P3d 542 (2009)

Source

Last accessed
Jun. 26, 2021

REMOVE ADS