Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.350
Interns


(1)

An intern is considered to be in an employment relationship with an employer for the purposes of the employee protections provided under ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited), 659A.082 (Discrimination against person for service in uniformed service prohibited), 659A.109 (Discrimination against individual for using procedures in ORS 659A.103 to 659A.145 prohibited), 659A.112 (Employment discrimination), 659A.136 (Medical examinations and inquiries of employees), 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited), 659A.199 (Prohibited conduct by employer), 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited), 659A.233 (Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited), 659A.236 (Discrimination for testifying before Legislative Assembly, committee or task force prohibited), 659A.290 (Prohibited conduct by employer), 659A.300 (Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited), 659A.303 (Employer prohibited from obtaining, seeking to obtain or using genetic information), 659A.306 (Requiring employee to pay for medical examination as condition of continued employment prohibited) and 659A.315 (Restricting use of tobacco in nonworking hours prohibited).

(2)

Nothing in subsection (1) of this section creates an employment relationship between an employer and an intern for the purposes of ORS chapter 652, 653, 654, 656, 657 or 658.

(3)

As used in this section, “intern” means a person who performs work for an employer for the purpose of training if:

(a)

The employer is not committed to hire the person performing the work at the conclusion of the training period;

(b)

The employer and the person performing the work agree in writing that the person performing the work is not entitled to wages for the work performed; and

(c)

The work performed:

(A)

Supplements training given in an educational environment that may enhance the employability of the intern;

(B)

Provides experience for the benefit of the person performing the work;

(C)

Does not displace regular employees;

(D)

Is performed under the close supervision of existing staff; and

(E)

Provides no immediate advantage to the employer providing the training and may occasionally impede the operations of the employer. [2013 c.379 §2]
§§ 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