Oregon Statutes 659A.820 – Complaints
(1) As used in this section, for purposes of a complaint alleging an unlawful practice under ORS § 659A.145 or 659A.421 or discrimination under federal housing law, ‘person claiming to be aggrieved by an unlawful practice’ includes, but is not limited to, a person who believes that the person:
Terms Used In Oregon Statutes 659A.820
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Bureau: means the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- Commissioner: means the Commissioner of the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Unlawful employment practice: includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. See Oregon Statutes 659A.001
- Unlawful practice: includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. See Oregon Statutes 659A.001
(a) Has been injured by an unlawful practice under ORS § 659A.145 or 659A.421 or a discriminatory housing practice; or
(b) Will be injured by an unlawful practice under ORS § 659A.145 or 659A.421 or a discriminatory housing practice that is about to occur.
(2) Any person claiming to be aggrieved by an unlawful practice may file with the Commissioner of the Bureau of Labor and Industries a verified written complaint that states the name and address of the person alleged to have committed the unlawful practice. The complaint must be signed by the complainant. The complaint must set forth the acts or omissions alleged to be an unlawful practice. The complainant may be required to set forth in the complaint such other information as the commissioner may require. Except as provided in subsection (3) of this section, a complaint under this section must be filed no later than one year after the alleged unlawful practice.
(3) A complaint alleging an unlawful employment practice as described in ORS § 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be filed no later than five years after the occurrence of the alleged unlawful employment practice.
(4)(a) Except as provided in paragraph (b) of this subsection, a complaint may not be filed under this section if a civil action has been commenced in state or federal court alleging the same matters.
(b) The prohibition described in paragraph (a) of this subsection does not apply to a complaint alleging an unlawful practice under ORS § 659A.145 or 659A.421 or alleging discrimination under federal housing law.
(5) If an employer has one or more employees who refuse or threaten to refuse to abide by the provisions of this chapter or to cooperate in carrying out the purposes of this chapter, the employer may file with the commissioner a verified complaint requesting assistance by conciliation or other remedial action.
(6) Except as provided in subsection (7) of this section, the commissioner shall notify the person against whom a complaint is made within 30 days of the filing of the complaint. The commissioner shall include in the notice the date, place and circumstances of the alleged unlawful practice.
(7) The commissioner shall notify the person against whom a complaint alleging an unlawful practice under ORS § 659A.145 or 659A.421 or discrimination under federal housing law is made within 10 days of the filing of the complaint. The commissioner shall include in the notice:
(a) The date, place and circumstances of the alleged unlawful practice; and
(b) A statement that the person against whom the complaint is made may file an answer to the complaint. [2001 c.621 § 2; 2007 c.71 § 214; 2007 c.903 § 6; 2008 c.36 § 7; 2009 c.108 § 1; 2017 c.197 § 5; 2019 c.343 § 5; 2019 c.463 § 5; 2021 c.293 § 2]