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 2871
A-Engrossed
House Bill 3740
Ordered by the House May 17
Including House Amendments dated May 17
Sponsored by Representative ROSENBAUM (at the request of Oregon
AFL-CIO and United Food and Commercial Workers, Local 555)
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.
{ - Requires that employees of person holding off-premises
sales license who sell alcoholic beverages to public must
complete training program approved by Oregon Liquor Control
Commission. Provides that licensee must pay all costs of
training. - }
{ - Provides that employee may not be subjected to civil or
criminal penalty by reason of sale to minor if licensee fails to
provide required training within time allowed by commission
rule. - }
{ + Requires Oregon Liquor Control Commission to approve
training programs for persons employed by off-premises sales
licensees. Provides that licensee may require employee to
complete training program if licensee reimburses employee for
fees charged by program. Provides that it is unlawful employment
practice for licensee to discharge, demote or suspend employee
for making sale to minor if licensee has not completed training
program. Provides exceptions. + }
A BILL FOR AN ACT
Relating to off-premises sales licensees; creating new
provisions; and amending ORS 659.010 and 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 471. + }
SECTION 2. { + (1) The Oregon Liquor Control Commission shall
approve training programs for persons employed by off-premises
sales licensees who make sales of alcoholic beverages to members
of the public. Programs shall be approved under the responsible
vendor program established by the commission under ORS 471.344.
(2) An off-premises sales licensee may require that its
employees who make sales of alcoholic beverages to the public
complete a training program approved under subsection (1) of this
section. If an off-premises sales licensee requires an employee
to complete a training program under this subsection, the
licensee must reimburse the employee for any fees charged by the
program.
(3) If an employee of an off-premises sales licensee makes a
sale of alcoholic beverages to a minor, and the employee has not
completed a training program approved under subsection (1) of
this section, the licensee may not discharge, demote, suspend or
otherwise discriminate against the employee unless:
(a) The employee knows that the person buying the alcoholic
beverages is a minor; or
(b) The employee made a sale of alcoholic beverages to a minor
within three years before the most recent sale to a minor.
(4) Violation of subsection (3) of this section by an
off-premises sales licensee is an unlawful employment practice
and is subject to enforcement in the manner provided by ORS
659.010 to 659.110. + }
SECTION 3. ORS 659.010 is amended to read:
659.010. As used in ORS 659.010 to 659.110 and 659.400 to
659.545, unless the context requires otherwise:
(1) 'Bureau' means the Bureau of Labor and Industries.
(2) 'Cease and desist order' means an order signed by the
commissioner, taking into account the subject matter of the
complaint and the need to supervise compliance with the terms of
any specific order issued to eliminate the effects of any
unlawful practice found, addressed to a respondent requiring the
respondent to:
(a) Perform an act or series of acts designated therein and
reasonably calculated to carry out the purposes of ORS 30.670 to
30.685, 659.010 to 659.110 and 659.400 to 659.545, eliminate the
effects of an unlawful practice found, and protect the rights of
the complainant and other persons similarly situated;
(b) Take such action and submit such designated reports to the
commissioner on the manner of compliance with other terms and
conditions specified in the commissioner's order as may be
required to ensure compliance therewith; or
(c) Refrain from any action designated in the order which would
jeopardize the rights of the complainant or other person
similarly situated or frustrate the purpose of ORS 30.670 to
30.685, 659.010 to 659.110 and 659.400 to 659.545.
(3) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
(4) 'Conciliation agreement' means a written agreement settling
and disposing of a complaint under ORS 659.010 to 659.110 and
659.400 to 659.545 signed by a respondent and an authorized
official of the Bureau of Labor and Industries.
(5) 'Employee' does not include any individual employed by the
individual's parents, spouse or child or in the domestic service
of any person.
(6) 'Employer' means any person who in this state, directly or
through an agent, engages or utilizes the personal service of one
or more employees, reserving the right to control the means by
which such service is or will be performed. 'Employer' also
includes any public body that, directly or through an agent,
engages or utilizes the personal service of one or more
employees, reserving the right to control the means by which such
service is or will be performed, including all officers,
agencies, departments, divisions, bureaus, boards and commissions
of the legislative, judicial and administrative branches of the
state, all county and city governing bodies, school districts,
special districts, and municipal corporations, and all other
political subdivisions of the state.
(7) 'Employment agency' includes any person undertaking to
procure employees or opportunities to work.
(8) 'Entity' includes employers, labor organizations,
employment agencies, places of public accommodation as defined in
ORS 30.675 or career schools.
(9)(a) 'Familial status' means the relationship between one or
more individuals who have not attained 18 years of age and who
are domiciled with:
(A) A parent or another person having legal custody of the
individual; or
(B) The designee of the parent or other person having such
custody, with the written permission of the parent or other
person.
(b) 'Familial status' includes any individual, regardless of
age or domicile, who is pregnant or is in the process of securing
legal custody of an individual who has not attained 18 years of
age.
(10) 'Labor organization' includes any organization which is
constituted for the purpose, in whole or in part, of collective
bargaining or in dealing with employers concerning grievances,
terms or conditions of employment or of other mutual aid or
protection in connection with employees.
(11) 'National origin' includes ancestry.
(12) 'Person' includes one or more individuals, partnerships,
associations, corporations, legal representatives, trustees,
trustees in bankruptcy or receivers.
(13) 'Respondent' includes any person or entity against whom a
complaint or charge of unlawful practices is filed with the
commissioner or whose name has been added to such complaint or
charge pursuant to ORS 659.050 (1).
(14) 'Unlawful employment practice' includes only those
unlawful employment practices specified in { + section 2 of this
2001 Act and + } ORS 25.424, 399.235, 654.062 (5), 659.030,
659.035, 659.036, 659.227, 659.270, 659.295, 659.330, 659.340,
659.358 (1) to (4) and 659.400 to 659.494.
(15) 'Unlawful practice' means any unlawful employment practice
or any distinction, discrimination or restriction on account of
race, religion, color, sex, marital status or national origin
made by any place of public accommodation as defined in ORS
30.675, by any person acting on behalf of any such place or by
any person aiding or abetting any such place or person in
violation of ORS 30.685, or any violation of ORS 345.240,
659.033, 659.037, 659.430 or rules adopted pursuant to ORS
659.103 (1), but does not include a refusal to furnish goods or
services when the refusal is based on just cause.
SECTION 4. ORS 659.121 is amended to read:
659.121. (1) Any person claiming to be aggrieved by an unlawful
employment practice prohibited by { + section 2 of this 2001 Act
or + } 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 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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