Oregon Statutes 441.184 – Unlawful employment practices; civil action for retaliation
(1) A hospital that takes any retaliatory action described in ORS § 441.181 against a nursing staff commits an unlawful employment practice.
Terms Used In Oregon Statutes 441.184
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) A nursing staff claiming to be aggrieved by an alleged violation of ORS § 441.181 may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS § 659A.820. Except for the provisions of ORS § 659A.870, 659A.875, 659A.880 and 659A.885, violation of ORS § 441.181 is subject to enforcement under ORS Chapter 659A.
(3) Except as provided in subsection (4) of this section, a civil action under ORS § 441.183 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.
(4) The nursing staff who has filed a complaint under ORS § 659A.820 must commence a civil action under ORS § 441.183 within 90 days after a 90-day notice is mailed to the nursing staff under this section.
(5) The commissioner shall issue a 90-day notice to the nursing staff:
(a) If the commissioner dismisses the complaint within one year after the filing of the complaint and the dismissal is for any reason other than the fact that a civil action has been filed.
(b) On or before the one-year anniversary of the filing of the complaint unless a 90-day notice has previously been issued under paragraph (a) of this subsection or the matter has been resolved by the execution of a settlement agreement.
(6) A 90-day notice under this section must be in writing and must notify the nursing staff that a civil action against the hospital under ORS § 441.183 may be filed within 90 days after the date of mailing of the 90-day notice and that any right to bring a civil action against the hospital under ORS § 441.183 will be lost if the action is not commenced within 90 days after the date of mailing of the 90-day notice.
(7) The remedies under this section and ORS § 441.183 are supplemental and not mutually exclusive. [Formerly 441.178]
See note under 441.179.