Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.321
Seniority systems and benefit plans not unlawful employment practices

It is not an unlawful employment practice for an employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of this chapter. However, except as otherwise provided by law, no such employee benefit plan shall excuse the failure to hire any individual and no such seniority system or employee benefit plan shall require the involuntary retirement of any individual 18 years of age or older because of the age of such individual. [Formerly 659.028]

(formerly 659.028)

Notes of Decisions

"Subterfuge" to evade purposes of employment statutes requires intentional conduct. Tanner v. OHSU, 157 Or App 502, 971 P2d 435 (1998)

Atty. Gen. Opinions

Constitutionality of mortality tables which differentiate between males and females, (1973) Vol 36, p 449

§§ 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


Last accessed
Jun. 26, 2021