71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3393
House Bill 3110
Sponsored by Representative KROPF (at the request of Oregon Fire
Chiefs' Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates unlawful employment practice for employer to
discriminate against employee who is volunteer firefighter
because employee takes leave of absence to perform emergency
duty. Entitles employee who is volunteer firefighter to take up
to 14 working days of unpaid leave of absence per year to receive
fire or emergency response training. Permits employee to file
complaint with Commissioner of Bureau of Labor and Industries.
A BILL FOR AN ACT
Relating to volunteer firefighters; creating new provisions; and
amending ORS 659.121.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 659. + }
SECTION 2. { + (1) As used in this section, 'volunteer
firefighter' has the meaning given that term in ORS 652.050.
(2) It is an unlawful employment practice for an employer to
discharge, demote, suspend or in any manner discriminate against
an employee with regard to promotion, compensation or other
terms, conditions or privileges of employment solely because the
employee takes a leave of absence to perform emergency duty as a
volunteer firefighter.
(3) An employee who is a volunteer firefighter may take up to
14 working days of leave within a calendar year to receive fire
or emergency response training. The employee may take the
training leave in two or more nonconsecutive periods.
(4) Except as provided in subsection (5) of this section, and
unless otherwise provided by the terms of an agreement between
the employee and the employer, a collective bargaining agreement
or an employer policy, training leave under subsection (3) of
this section is not required to be granted with pay.
(5) An employee taking training leave under subsection (3) of
this section is entitled to use any paid accrued vacation leave
during the period of the training leave, or to use any other paid
leave that is offered by the employer in lieu of vacation leave
during the period of the training leave.
(6) An employer may require an employee to give reasonable
notice before taking training leave under subsection (3) of this
section. The employer may not require more notice from the
employee before taking training leave than the employer requires
from the employee before taking vacation leave.
(7) An employee claiming to be aggrieved by a violation of this
section may:
(a) File a complaint with the Commissioner of the Bureau of
Labor and Industries in the manner provided by ORS 659.040. The
commissioner shall enforce this section in the manner provided in
ORS 659.010 to 659.110 regarding unlawful employment practices.
(b) Bring a civil action in the manner provided in ORS 659.121
(1). + }
SECTION 3. ORS 659.121 is amended to read:
659.121. (1) Any person claiming to be aggrieved by an unlawful
employment practice prohibited by ORS 25.424, 399.235, 659.030,
659.035, 659.227, 659.270, 659.295, 659.330, 659.340 or 659.400
to 659.494 { + or section 2 of this 2001 Act + } may file a
civil suit in circuit court for injunctive relief and the court
may order such other equitable relief as may be appropriate,
including but not limited to reinstatement or the hiring of
employees with or without back pay. Back pay liability shall not
accrue from a date more than two years prior to the filing of a
complaint with the Commissioner of the Bureau of Labor and
Industries, pursuant to ORS 659.040, or if no such complaint has
first been filed, then, more than two years prior to the filing
of the civil suit provided for in ORS 659.040, 659.045, 659.095
and this section. In any suit brought under this subsection, the
court may allow the prevailing party costs and reasonable
attorney fees at trial and on appeal.
(2) Any person claiming to be aggrieved by alleged violations
of ORS 659.033 (1) or (3), 659.295, 659.400 to 659.449 or 659.550
may file a civil action in circuit court to recover compensatory
damages or $200, whichever is greater, and punitive damages. In
addition, the court may award relief authorized under subsection
(1) of this section and such equitable relief as it considers
appropriate. At the request of any party, the trial of such case
shall be by jury. In any action brought under this subsection,
the court may allow the prevailing party costs and reasonable
attorney fees at trial and on appeal. Any attorney fee agreement
shall be subject to approval by the court.
(3) Where no complaint has been filed pursuant to ORS 659.040
(1) or 659.045 (1) and except as otherwise provided herein, the
civil suit or action shall be commenced within one year of the
occurrence of the alleged unlawful employment practice. Where a
complaint has been filed pursuant to ORS 659.040 (1) or 659.045
(1) the civil suit or action provided for herein shall be
commenced only in accordance with the time limitations provided
for in ORS 659.095. The filing of a complaint with the
commissioner under ORS 659.040 (1) or 659.045 (1) shall not be a
condition precedent to the filing of civil suit or action under
this section.
(4) This section shall not be construed to limit or alter in
any way the authority or power of the commissioner or to limit or
alter in any way any of the rights of an individual complainant
until and unless the complainant commences civil suit or action.
Except as provided in subsection (5) of this section, the filing
of a civil suit or action in either circuit court pursuant to
subsection (1) of this section or federal district court under
applicable federal law shall constitute both an election of
remedies as to the rights of that individual with respect to
those matters alleged in the complaint filed with the
commissioner, and a waiver with respect to the right to file a
complaint with the commissioner pursuant to ORS 659.040 (1) or
659.045 (1).
(5)(a) Where a person claiming to be aggrieved by alleged
violations of ORS 659.033 or 659.430 or applicable federal law
files a civil suit or action in circuit court or in federal
district court, that filing does not constitute an election of
remedies until such time as the trial commences.
(b) An aggrieved person may not commence a civil action under
this subsection with respect to an alleged discriminatory housing
practice which forms the basis of specific charges issued by the
commissioner if a hearings referee has commenced a hearing on the
record under this chapter with respect to such charge.
(6) Notwithstanding any other provision of ORS 659.010 to
659.121 and 659.470 to 659.545, a civil complaint alleging
violations of ORS 659.033 or 659.430 may be filed not later than
two years after the occurrence or the termination of an alleged
discriminatory housing practice, or the breach of a conciliation
agreement entered into under ORS 659.010 to 659.121 and 659.470
to 659.545, whichever occurs last. The two-year period shall not
include any time during which an administrative proceeding was
pending with respect to the housing practice or breach.
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