Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.200
Definitions for ORS 659A

As used in ORS 659A.200 (Definitions for ORS 659A) to 659A.224 (Short title):

(1)

“Disciplinary action” includes but is not limited to any discrimination, dismissal, demotion, transfer, reassignment, supervisory reprimand, warning of possible dismissal or withholding of work, whether or not the action affects or will affect employee compensation.

(2)

“Employee” means a person:

(a)

Employed by or under contract with the state or any agency of or political subdivision in the state;

(b)

Employed by or under contract with any person authorized to act on behalf of the state, or agency of the state or subdivision in the state, with respect to control, management or supervision of any employee;

(c)

Employed by the public corporation created under ORS 656.751 (State Accident Insurance Fund Corporation created);

(d)

Employed by a contractor who performs services for the state, agency or subdivision, other than employees of a contractor under contract to construct a public improvement;

(e)

Employed by or under contract with any person authorized by contract to act on behalf of the state, agency or subdivision;

(f)

Employed by a nonprofit organization; or

(g)

Serving as a member of a board of directors of a nonprofit organization who is not otherwise considered an employee.

(3)

“Information” includes public and private records, documents and electronically stored data.

(4)

“Knowledge” means actual knowledge.

(5)

“Nonprofit organization” or “nonprofit” means an organization or group of organizations that:

(a)

Receives public funds by way of grant or contract; and

(b)

Is exempt from income tax under section 501(c)(3) of the Internal Revenue Code.

(6)

“Public employer” means:

(a)

The state or any agency of or political subdivision in the state;

(b)

Any person authorized to act on behalf of the state, or any agency of or political subdivision in the state, with respect to control, management or supervision of any employee; or

(c)

An employer who employs an employee described in subsection (2)(a) to (e) of this section.

(7)

“School” means a common school district, a union high school district, an education service district, a public charter school, a private school providing instruction to any grade from kindergarten through grade 12 or a community college district.

(8)

“School services” means any of the following services:

(a)

Custodial or janitorial services;

(b)

Nutrition services;

(c)

Transportation services; or

(d)

Any other education services that are customarily performed by school employees.

(9)

“School services employee” means a person employed by a school services employer to provide school services to a school.

(10)

“School services employer” means a private employer that enters into a contract with a school to provide school services to the school. [Formerly 659.505; 2014 c.78 §2; 2015 c.3 §49; 2016 c.73 §3; 2020 s.s.3 c.4 §4]

Notes of Decisions

“Employed by” means having one’s personal services engaged or used by employer, with employer reserving right to control means by which such service is or will be performed; “under contract with” means providing services to employer, but not being subject to employer’s control over method by which services are provided. Dinicola v. State of Oregon, 280 Or App 488, 382 P3d 547 (2016), Sup Ct review denied

Where plaintiff remained on state payroll while on leave from state after assuming full-time duties as president of union and union reimbursed state for state’s payments to plaintiff, plaintiff was not employed by or under contract with state for purposes of this section. Dinicola v. State of Oregon, 280 Or App 488, 382 P3d 547 (2016), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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