Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.001
Definitions


As used in this chapter:

(1)

“Bureau” means the Bureau of Labor and Industries.

(2)

“Commissioner” means the Commissioner of the Bureau of Labor and Industries.

(3)

“Employee” does not include any individual employed by the individual’s parents, spouse or child or in the domestic service of any person.

(4)

(a) “Employer” means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed.

(b)

For the purposes of employee protections described in ORS 659A.350 (Interns), “employer” means any person who, in this state, is in an employment relationship with an intern as described in ORS 659A.350 (Interns).

(5)

“Employment agency” includes any person undertaking to procure employees or opportunities to work.

(6)

(a) “Familial status” means the relationship between one or more individuals who have not attained 18 years of age and who are domiciled with:

(A)

A parent or another person having legal custody of the individual; or

(B)

The designee of the parent or other person having such custody, with the written permission of the parent or other person.

(b)

“Familial status” includes any individual, regardless of age or domicile, who is pregnant or is in the process of securing legal custody of an individual who has not attained 18 years of age.

(7)

“Labor organization” includes any organization which is constituted for the purpose, in whole or in part, of collective bargaining or in dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employees.

(8)

“National origin” includes ancestry.

(9)

“Person” includes:

(a)

One or more individuals, partnerships, associations, labor organizations, limited liability companies, joint stock companies, corporations, legal representatives, trustees, trustees in bankruptcy or receivers.

(b)

A public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300).

(c)

For purposes of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) and 659A.421 (Discrimination in selling, renting or leasing real property prohibited) and the application of any federal housing law, a fiduciary, mutual company, trust or unincorporated organization.

(10)

“Respondent” means any person against whom a complaint or charge of an unlawful practice is filed with the commissioner or whose name has been added to such complaint or charge pursuant to ORS 659A.835 (Investigation).

(11)

“Unlawful employment practice” means a practice specifically denominated as an unlawful employment practice in this chapter. “Unlawful employment practice” includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter.

(12)

“Unlawful practice” means any unlawful employment practice or any other practice specifically denominated as an unlawful practice in this chapter. “Unlawful practice” includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. [2001 c.621 §1; 2008 c.36 §4; 2013 c.379 §3]
§§ 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

Under Former Similar Statute (Ors 659.010)

Person holding majority ownership and exercising control over daily operation of employer is agent, not alter ego, of employer. Ballinger v. Klamath Pacific Corp., 135 Or App 438, 898 P2d 232 (1995), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021