Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.233
Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited

It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported possible violations of ORS chapter 441 or of ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) or has testified in good faith at an unemployment compensation hearing or other hearing conducted pursuant to ORS chapter 657. [Formerly 659.035]
§§ 659A.250 to 659A.262

(formerly 659.280 to 659.290)

Law Review Citations

26 WLR 394-395 (1990)

(formerly 659.035)

Notes of Decisions

Plaintiff's allegation that she was discharged for fulfilling societal obligation of reporting violations of state law states claim for wrongful discharge which is not abrogated by this section because there is no indication legislature was even aware of any common law right of action for retaliatory discharge and because statutory remedy is inadequate in failing to compensate plaintiff for personal injuries resulting from discharge. McCool v. Hillhaven Corp., 97 Or App 536, 777 P2d 1013 (1989), Sup Ct review denied

Protection afforded to employee who "has testified in good faith" at employment hearing applies only if employee actually performed act of testifying. Shuler v. Distribution Trucking Co., 164 Or App 615, 994 P2d 167 (1999), Sup Ct review denied

Statutory right of action for discrimination against reporting employee does not prevent employee from bringing common law action for wrongful discharge. Olsen v. Deschutes County, 204 Or App 7, 127 P3d 655 (2006), Sup Ct review denied

§§ 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

Source

Last accessed
Jun. 26, 2021

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