74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 822
Sponsored by Senator DECKERT; Senator DEVLIN, Representatives
BARKER, NELSON (at the request of Robert Thornhill, George
Winslow, United Veterans of Oregon)
CHAPTER ................
AN ACT
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 Oregon:
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
United States:
{ - (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 United States.
Enrolled Senate Bill 822 (SB 822-A) Page 1
{ - (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.
Enrolled Senate Bill 822 (SB 822-A) Page 2
(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:
Enrolled Senate Bill 822 (SB 822-A) Page 3
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;
Enrolled Senate Bill 822 (SB 822-A) Page 4
(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. + }
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Passed by Senate May 11, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 5, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 822 (SB 822-A) Page 5
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 822 (SB 822-A) Page 6