Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.186
Exclusivity of provisions

  • construction


(1)

ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) do not limit any right of an employee to any leave that is similar to the leave described in ORS 659A.159 (Purposes for which family leave may be taken) (1) and to which the employee may be entitled under any agreement between the employer and the employee, collective bargaining agreement or employer policy.

(2)

ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) shall be construed to the extent possible in a manner that is consistent with any similar provisions of the federal Family and Medical Leave Act of 1993. Family leave taken under ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) must be taken concurrently with any leave taken under the federal Family and Medical Leave Act of 1993. [Formerly 659.494; 2013 c.384 §6]
§§ 659A.250 to 659A.262

(formerly 659.280 to 659.290)

Law Review Citations

26 WLR 394-395 (1990)

Notes of Decisions

Federal McDonnell Douglas standard applies equally to Family Medical Leave Act claim and Oregon Family Leave Act claim. Shepard v. City of Portland, 829 F. Supp. 2d 940 (D. Or. 2011)

§§ 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