Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.875
Time limitations


(1)

Except as provided in subsection (2) of this section:

(a)

A civil action under ORS 659A.885 (Civil action) alleging an unlawful employment practice other than a violation of ORS 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 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.112 (Employment discrimination) or 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820 (Complaints).

(b)

A civil action under ORS 659A.885 (Civil action) alleging a violation of ORS 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 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.112 (Employment discrimination) or 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) must be commenced not later than five years after the occurrence of the alleged violation.

(2)

A person who has filed a complaint under ORS 659A.820 (Complaints) must commence a civil action under ORS 659A.885 (Civil action) within 90 days after a 90-day notice is mailed to the complainant under ORS 659A.880 (Ninety-day notice). This subsection does not apply to a complainant alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law.

(3)

A civil action alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) must be commenced not later than two years after the occurrence or the termination of the unlawful practice, or within two years after the breach of any settlement agreement entered into under ORS 659A.840 (Settlement), whichever occurs last. The two-year period shall not include any time during which an administrative proceeding was pending with respect to the unlawful practice.

(4)

A civil action under ORS 659A.885 (Civil action) alleging an unlawful practice in violation of ORS 659A.403 (Discrimination in place of public accommodation prohibited) or 659A.406 (Aiding or abetting certain discrimination prohibited) must be commenced within one year of the occurrence of the unlawful practice.

(5)

The notice of claim required under ORS 30.275 (Notice of claim) must be given in any civil action under ORS 659A.885 (Civil action) against a public body, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), or any officer, employee or agent of a public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300).

(6)

Notwithstanding ORS 30.275 (Notice of claim) (9):

(a)

A civil action under ORS 659A.885 (Civil action) against a public body, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), or any officer, employee or agent of a public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), based on an unlawful employment practice other than a violation of ORS 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 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.112 (Employment discrimination) or 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS 659A.820 (Complaints).

(b)

A civil action under ORS 659A.885 (Civil action) alleging a violation of 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.112 (Employment discrimination) or 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) must be commenced not later than five years after the occurrence of the alleged violation unless a complaint has been timely filed under ORS 659A.820 (Complaints).

(c)

A civil action under ORS 659A.885 (Civil action) against a public body, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), or any officer, employee or agent of a public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300), alleging a violation of ORS 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment), 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) or 659A.112 (Employment discrimination) must be commenced not later than five years after the occurrence of the alleged violation unless a complaint has been timely filed under ORS 659A.820 (Complaints).

(7)

For the purpose of time limitations, a compensation practice that is unlawful under ORS 652.220 (Prohibition of discriminatory wage rates based on sex) occurs each time compensation is paid under a discriminatory compensation decision or other practice.

(8)

Notwithstanding ORS 30.275 (Notice of claim) (2)(b), notice of claim against a public body under ORS 652.220 (Prohibition of discriminatory wage rates based on sex) or 659A.355 (Discrimination based on wage inquiry or wage complaint) must be given within 300 days of discovery of the alleged loss or injury. [2001 c.621 §13; 2005 c.452 §1; 2008 c.36 §14; 2017 c.197 §8; 2019 c.343 §6; 2019 c.463 §6a]
Note: The amendments to 659A.875 (Time limitations) by section 6, chapter 343, Oregon Laws 2019, and section 6a, chapter 463, Oregon Laws 2019, apply to conduct prohibited by 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment) or 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) occurring on or after October 1, 2020. See section 10, chapter 343, Oregon Laws 2019, and section 10, chapter 463, Oregon Laws 2019, as amended by section 6b, chapter 463, Oregon Laws 2019.

Notes of Decisions

Under Former Similar Statute (Ors 659.121)

Applicable statute of limitations for actions under ORS 654.062 is one-year period for filing unlawful employment practice claim. Raptopolous v. WS, Inc., 738 F. Supp. 394 (D. Or. 1990)

Requirement that civil suit or action must be commenced within one year of alleged unlawful practice if no complaint has been filed with Commissioner of Bureau of Labor and Industries is statute of limitations subject to equitable tolling. Logan v. West Coast Benson Hotel, 981 F. Supp. 1301 (D. Or. 1997)

"One year" means calendar year of 365 or 366 days. Neff v. Jackson County, 187 Or App 402, 67 P3d 977 (2003)

In General

Limitation period commenced by notice letter from Bureau of Labor and Industries applies to claims filed in federal court. Sharer v. State of Oregon, 481 F. Supp. 2d 1156 (D. Or. 2007)

Where action is filed after end of limitation period commenced by notice letter from Bureau of Labor and Industries, but before end of limitation period commenced by letter from United States Equal Employment Opportunity Commission, action is untimely. Sharer v. State of Oregon, 481 F. Supp. 2d 1156 (D. Or. 2007)

§§ 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