Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.340
Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited

  • remedy


(1)

As used in this section, “employer” means:

(a)

An adult foster home as defined in ORS 443.705 (Definitions for ORS 443.705 to 443.825);

(b)

A child care provider as defined in ORS 329A.700 (Definitions for ORS 329A.700 to 329A.712);

(c)

A child-caring agency as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998);

(d)

A child-caring facility as defined in ORS 418.950 (Definitions for ORS 418.950 to 418.970);

(e)

Community-based structured housing as defined in ORS 443.480 (Definitions for ORS 443.480 to 443.500);

(f)

A facility as defined in ORS 430.735 (Definitions for ORS 430.735 to 430.765);

(g)

A foster home as defined in ORS 418.625 (Definitions for ORS 418.625 to 418.645);

(h)

A long term care facility as defined in ORS 442.015 (Definitions);

(i)

A residential facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455);

(j)

A youth care center as defined in ORS 420.855 (Definitions for ORS 420.855 to 420.885);

(k)

A youth offender foster home as defined in ORS 420.888 (Definitions for ORS 420.888 to 420.892); or

(L)

Any other entity that is licensed, certified or registered by a public body, as defined in ORS 174.109 (“Public body” defined), to provide care to children, youth, individuals with disabilities or older adults.

(2)

It is an unlawful employment practice under ORS chapter 659A for an employer to violate ORS 329A.348 (Interference with disclosure of information), 418.256 (Interference with disclosure of information), 418.644 (Interference with disclosure of information), 420.872 (Interference with disclosure of information), 420.891 (Interference with disclosure of information), 441.046 (Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident), 443.453 (Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited) or 443.766 (Interference with employee or volunteer disclosure of information concerning practice that threatens health or safety of residents prohibited) or to interfere with an employee’s good faith disclosure of information concerning the abuse or mistreatment of an individual cared for by the employer, violations of licensing or certification requirements, criminal activity occurring at the workplace, violations of state or federal laws or any practice that threatens the health and safety of the individual cared for by the employer to regulatory agencies, law enforcement authorities or persons who are acting on behalf of the individual.

(3)

An employee or a volunteer may file a civil action under ORS 659A.885 (Civil action), alleging violation of this section. [2019 c.381 §21]
Note: 659A.340 (Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 659A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
§§ 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


Source

Last accessed
Jun. 26, 2021