Oregon Statutes 659.860 – Enforcement of ORS 659.850
(1) Any person claiming to be aggrieved by unlawful discrimination as prohibited by ORS § 659.850 may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS § 30.265 to 30.300, damages, or both. The court may order such other relief as may be appropriate. Damages shall be $200 or actual damages, whichever is greater.
Terms Used In Oregon Statutes 659.860
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The action authorized by this section shall be filed within one year of the filing of a grievance.
(3) An action may not be filed unless, within 180 days of the alleged discrimination, a grievance has been filed with the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS § 352.002.
(4) An action may not be filed until 90 days after filing a grievance unless only injunctive relief is sought pursuant to ORCP 79. The right to temporary or preliminary injunctive relief shall be independent of the right to pursue any administrative remedy available to complainants pursuant to ORS § 659.850.
(5) An action may not be filed if the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS § 352.002 has obtained a conciliation agreement with the person filing the grievance or if a final determination of a grievance has been made except as provided in ORS § 183.480.
(6) Notwithstanding the filing of a grievance, pursuant to subsection (3) of this section, any person seeking to maintain an action under this section shall also file a notice of claim within 180 days of the alleged discrimination as required by ORS § 30.275.
(7) The court shall award reasonable attorney fees to a prevailing plaintiff in any action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.
(8) Nothing in this section is intended to reduce the obligations of the education agencies under this section and ORS § 659.850 and 659.855. [Formerly 659.160; 2007 c.256 § 1; 2013 c.768 § 148; 2015 c.767 § 207]
(Discrimination Against Athletes)