Chapter 280
AN ACT
HB 2260
Relating to unlawful employment practices;
creating new provisions; and amending ORS 659A.885.
Be It Enacted by the People of
the State of
SECTION 1. ORS 659A.885 is amended to read:
659A.885. (1) Any
individual claiming to be aggrieved by an unlawful practice specified in
subsection (2) of this section may file a civil action in circuit court. In any
action under this subsection, the court may order injunctive relief and such
other equitable relief as may be appropriate, including but not limited to
reinstatement or the hiring of employees with or without back pay. A court may
order back pay in an action under this subsection only for the two-year period
immediately preceding the filing of a complaint under ORS 659A.820 with the
Commissioner of the Bureau of Labor and Industries, or if a complaint was not
filed before the action was commenced, the two-year period immediately
preceding the filing of the action. In any action under this subsection, the
court may allow the prevailing party costs and reasonable attorney fees at
trial and on appeal. Except as provided in subsection (3) of this section:
(a) The judge shall
determine the facts in an action under this subsection; and
(b) Upon any appeal of a
judgment in an action under this subsection, the appellate court shall review
the judgment pursuant to the standard established by ORS 19.415 (3).
(2) An action may be
brought under subsection (1) of this section alleging a violation of ORS
25.337, 25.424, 171.120, 399.235, 476.574, 659A.030, 659A.040, 659A.043,
659A.046, 659A.063, 659A.069, 659A.100 to 659A.145, 659A.150 to 659A.186,
659A.194, 659A.203, 659A.218, 659A.230, 659A.233, 659A.236, 659A.250 to
659A.262, 659A.300, 659A.306, 659A.309, 659A.315, 659A.318 or 659A.421 (1) or
(3).
(3) In any action under
subsection (1) of this section alleging a violation of ORS 25.337, 25.424, 659A.030,
659A.040, 659A.043, 659A.046, 659A.069, 659A.100 to 659A.145, 659A.230,
659A.250 to 659A.262, 659A.318 or 659A.421 (1) or (3):
(a) The court may award,
in addition to the relief authorized under subsection (1) of this section,
compensatory damages or $200, whichever is greater, and punitive damages;
(b) At the request of
any party, the action shall be tried to a jury;
(c) Upon appeal of any
judgment finding a violation, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (1); and
(d) Any attorney fee
agreement shall be subject to approval by the court.
(4) In any action under
subsection (1) of this section alleging a violation of ORS 171.120, 476.574,
659A.203 or 659A.218, the court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory damages or $250, whichever
is greater.
(5) Any individual
against whom any distinction, discrimination or restriction on account of race,
color, religion, sex, national origin, marital status or age, if the individual
is 18 years of age or older, has been made by any place of public accommodation,
as defined in ORS 659A.400, by any person acting on behalf of [such] the place or by any person
aiding or abetting [such] the
place or person in violation of ORS 659A.406 may bring an action against the
operator or manager of [such] the
place, the employee or person acting on behalf of [such] the place or the aider or abettor of [such] the place or person.
Notwithstanding subsection (1) of this section, in an action under this
subsection:
(a) The court may award,
in addition to the relief authorized under subsection (1) of this section,
compensatory and punitive damages;
(b) The operator or
manager of the place of public accommodation, the employee or person acting on
behalf of the place, and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;
(c) At the request of
any party, the action shall be tried to a jury;
(d) The court shall
award reasonable attorney fees to a prevailing plaintiff;
(e) The court may award
reasonable attorney fees and expert witness fees incurred by a defendant who
prevails only if the court determines that the plaintiff had no objectively
reasonable basis for asserting a claim or no reasonable basis for appealing an
adverse decision of a trial court; and
(f) Upon any appeal of a
judgment under this subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (1).
SECTION 2. The amendments to ORS 659A.885 by section 1
of this 2007 Act apply to actions commenced on or after the effective date of
this 2007 Act.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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