Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions
Hearing
- orders
- fees
Notes of Decisions
Under Former Similar Statute (Ors 659.010)
Commissioner is without authority to include in a Cease and Desist Order "affirmative action" provisions that mandate preferential, as opposed to equal, employment opportunities. Sterling v. Klamath Forest Protective Assn., 19 Or App 383, 528 P2d 574 (1974)
In the respect that the commissioner's remedial authority encompasses other persons similarly situated, the proceeding is in the nature of a class action although only the individual is named as the subject of discrimination. School District No. 1 v. Nilsen, 271 Or 461, 534 P2d 1135 (1975)
Commissioner's supervisory order must be supported by reliable, probative and substantial evidence that order is necessary to prevent recurrence of unlawful practice. School District No. 1 v. Nilsen, 271 Or 461, 534 P2d 1135 (1975)
Award of back pay serves to protect rights of complainant and therefore can be incorporated as part of cease and desist order. Clackamas Co. Fire Protection Dist. v. Bureau of Labor, 50 Or App 337, 624 P2d 141 (1981), Sup Ct review denied
Where elimination of effect of discrimination involves payment of lost income, interest on each installment of lost income accrues from date claimant would have received that installment. Ogden v. Bureau of Labor, 299 Or 98, 699 P2d 189 (1985)
Under Former Similar Statute (Ors 659.060)
Commissioner is without authority to include in a Cease and Desist Order "affirmative action" provisions that mandate preferential, as opposed to equal, employment opportunities. Sterling v. Klamath Forest Protective Assn., 19 Or App 383, 528 P2d 574 (1974)
In respect that commissioner's remedial authority encompasses other persons similarly situated, proceeding is in nature of class action although only individual is named as subject of discrimination. School District No. 1 v. Nilsen, 271 Or 461, 534 P2d 1135 (1975)
(formerly 659.280 to 659.290)
Law Review Citations
26 WLR 394-395 (1990)
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