Chapter 525
AN ACT
SB 822
Relating to veterans’ preferences; creating
new provisions; amending ORS 408.225, 408.230, 408.235 and 659A.885; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 408.225 is amended to read:
408.225. (1) As used in ORS 408.225 to 408.235:
[(1)] (a) “Combat zone” means an area designated by the
President of the United States by executive order in which, on the dates
designated by executive order, the Armed Forces of the United States are or
have engaged in combat.
[(2)] (b) “Disabled veteran” means a person entitled to
disability compensation under laws administered by the United States Department
of Veterans Affairs, a person whose discharge or release from active duty was
for a disability incurred or aggravated in the line of duty or a person who was
awarded the Purple Heart for wounds received in combat.
(c) “Public employer”
means the state or any agency or political subdivision of the state and any
person authorized to act on behalf of the state or any agency or political
subdivision of the state with respect to control, management or supervision of
any employee.
[(3)(a)] (d) “Veteran” means a
person who:
(A) Served on active duty with the Armed Forces
of the
[(A)] (i) For a period of more than 178 consecutive days[,] and was
discharged or released from active duty [with
other than a dishonorable discharge] under honorable conditions;
[(B)] (ii) For 178 days or less and was discharged or released
from active duty [with other than a
dishonorable discharge] under honorable conditions because of a
service-connected disability; or
[(C)] (iii) For at least one day in
a combat zone and was discharged or released from active duty [with other than a dishonorable discharge; or]
under honorable conditions; or
[(D)] (B) Received a combat or campaign ribbon for service in
the Armed Forces of the
[(b)] (2) As used in [this]
subsection (1)(d) of this section, “active duty” does not include attendance
at a school under military orders, except schooling incident to an active
enlistment or a regular tour of duty, or normal military training as a reserve
officer or member of an organized reserve or a National Guard unit.
SECTION 2. ORS 408.230 is amended to read:
408.230. [(1) An eligible veteran or eligible disabled
veteran who has successfully completed all phases of a civil service test shall
be allowed preference on the list established as a result of such test. If the
test results in a score, preference means that to the score of a veteran who
has passed a test five points shall be added, and to the score of a disabled
veteran who has passed a test 10 points shall be added. All such points shall
be added to the total combined test score of the veteran and shall not be
allocated to any single feature or part of the examination. If the test
consists of interviews, performance, evaluation of experience and training, a
supervisor’s rating or any other method of ranking applicants that does not result
in a score, preference must still be provided to veterans and disabled
veterans. Preference does not mean that veterans must be appointed to vacant
positions, but does provide a uniform method by which special consideration is
given to eligible veterans and disabled veterans seeking public employment.]
[(2) Any person who has been appointed permanently to a civil service
position, granted military leave to serve in the armed services who would
qualify as a veteran or disabled veteran and who has returned to duty in a
permanent civil service position, shall be allowed such preference on any
successfully completed promotion test for a position which would put the person
in another class having a higher maximum salary rate.]
(1) A public employer
shall grant a preference to a veteran or disabled veteran who successfully
completes an initial application screening or an application examination or who
successfully completes a civil service test the employer administers to
establish eligibility for a vacant civil service position. The employer shall
grant the preference in the following manner:
(a) For an initial
application screening used to develop a list of persons for interviews, the
employer shall add five preference points to a veteran’s score and 10 preference
points to a disabled veteran’s score.
(b) For an application
examination, given after the initial application screening, that results in a score, the employer shall add preference points to the total
combined examination score without allocating the points to any single feature
or part of the examination. The employer shall add five preference points to a
veteran’s score and 10 preference points to a disabled veteran’s score.
(c) For an application
examination that consists of an interview, an evaluation of the veteran’s
performance, experience or training, a supervisor’s rating or any other method
of ranking an applicant that does not result in a score, the employer shall
give a preference to the veteran or disabled veteran. An employer that uses an
application examination of the type described in this paragraph shall devise
and apply methods by which the employer gives special consideration in the
employer’s hiring decision to veterans and disabled veterans.
(2) Preferences of the
type described in subsection (1) of this section are not a requirement that the
public employer appoint a veteran or disabled veteran to a civil service
position.
(3) A public employer
shall appoint an otherwise qualified veteran or disabled veteran to a vacant
civil service position if the results of a veteran’s or disabled veteran’s
application examination, when combined with the veteran’s or disabled veteran’s
preference, are equal to or higher than the results of an application
examination for an applicant who is not a veteran or disabled veteran.
(4) If a public employer
does not appoint a veteran or disabled veteran to a vacant civil service
position, upon written request of the veteran or disabled veteran, the
employer, in writing, shall provide the employer’s reasons for the decision not
to appoint the veteran or disabled veteran to the position. The employer may
base a decision not to appoint the veteran or disabled veteran solely on the
veteran’s or disabled veteran’s merits or qualifications with respect to the
vacant civil service position.
(5) Whether or not the
person qualifies for a preference under subsection (1) of this section, a
public employer shall grant to a person the employer has hired for a permanent
civil service position a veteran’s or disabled veteran’s preference, as
appropriate, if the person seeks promotion to a position with a higher maximum
salary rate and the person:
(a) Was granted military
leave by the public employer to serve in the armed services;
(b) Returned from
military leave to the civil service position;
(c) Qualified as a
veteran or disabled veteran by reason of the person’s service during military
leave or otherwise;
(d) Successfully
completed a test or examination for the position; and
(e) Meets the minimum
qualifications and any special qualifications for the position.
(6) Violation of this
section is an unlawful employment practice.
(7) A veteran or
disabled veteran claiming to be aggrieved by a violation of this section may
file a verified written complaint with the Commissioner of the Bureau of Labor
and Industries in accordance with ORS 659A.820.
SECTION 3. ORS 408.235 is amended to read:
408.235. [(1) Except for a veteran described in
subsection (2) of this section,] A veteran is eligible to use the
preference provided for in ORS 408.230 only for a position for which
application is made within 15 years of discharge or release from service in the
Armed Forces. Such time limit shall not apply in the case of a disabled
veteran.
[(2) A veteran whose service in the Armed Forces of the United States
occurred between January 1, 1962, and May 7, 1975, within the borders of
Vietnam, Cambodia, Laos or Thailand may use the preference provided for in ORS
408.230 only for a position for which application is made by July 1, 1999.]
[(3) Once a veteran has used the preference provided for in ORS 408.230
and has successfully completed trial service and attained regular employee
status, the veteran may not use the preference again. The preference shall not
be allowed on any promotion test for a civil service position except as
provided in ORS 408.230 (2). Such limitations do not apply to a disabled
veteran.]
SECTION 4. 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, 408.230, 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.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 place or by any person aiding or abetting such place or person in
violation of ORS 659A.406 may bring an action against the operator or manager
of such place, the employee or person acting on behalf of such place or the
aider or abettor of such 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 5. The amendments to ORS 408.225, 408.230,
408.235 and 659A.885 apply to hiring decisions for civil service positions made
by public employers on or after the effective date of this 2007 Act.
SECTION 6. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date June 20, 2007
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