74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3763
Senate Bill 1035
Sponsored by Senator GORDLY (at the request of Kal Robertson)
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 of workplace bullying.
Allows employee to bring civil action alleging workplace
bullying.
A BILL FOR AN ACT
Relating to workplace bullying; creating new provisions; and
amending ORS 659A.885.
Whereas the social and economic well-being of the state is
dependent upon healthy and productive employees; and
Whereas surveys and studies have documented that between 16
percent and 21 percent of employees directly experience
health-endangering workplace bullying, abuse or harassment; and
Whereas workplace bullying, abuse or harassment is three times
more prevalent than sexual harassment alone; and
Whereas abusive work environments can have serious effects on
targeted employees, including feelings of shame and humiliation,
stress, loss of sleep, severe anxiety, depression, post-traumatic
stress disorder, reduced immunity to infection, stress-related
gastrointestinal disorders, hypertension and pathophysiological
changes that increase the risk of cardiovascular diseases; and
Whereas abusive work environments can have serious consequences
for employers, including reduced employee productivity and
morale, higher turnover and absenteeism rates and significant
increases in medical and workers' compensation claims; and
Whereas employees who have been subjected to abusive work
environments for reasons not related to race, color, religion,
sex, national origin, marital status, age or disability are
unlikely to have legal recourse to redress such treatment; and
Whereas existing employment discrimination statutes are
inadequate to discourage, or to provide adequate remedies for,
workplace abuse not based on protected class status; and
Whereas existing workers' compensation plans and common-law
tort actions provide inadequate remedies for employees who have
been harmed by abusive work environments; and
Whereas it is the intent of the Legislative Assembly to provide
legal remedies for employees who have been harmed
psychologically, physically or economically by abusive work
environments and to encourage employers to prevent and respond to
mistreatment of employees at work; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 659A. + }
SECTION 2. { + (1) As used in this section, 'harassment,
intimidation or bullying' means any persistent verbal or physical
act of an employer or employee, unrelated to the employer's
legitimate business interests, that a reasonable person would
find threatening, intimidating, humiliating, hostile or
offensive. ' Harassment, intimidation or bullying' includes, but
is not limited to, derogatory remarks, insults or epithets,
physical conduct that a reasonable person would find threatening,
intimidating or humiliating, or the gratuitous sabotage or
undermining of an employee's work performance.
(2) It is an unlawful employment practice for an employer to
subject an employee to or permit an employee to be subjected to
harassment, intimidation or bullying in the workplace.
(3) A complaint may not be filed under ORS 659A.820 for
violations of this section. + }
SECTION 3. 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) { + and section 2 of this 2007
Act + }.
(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 4. { + Section 2 of this 2007 Act and the amendments
to ORS 659A.885 by section 3 of this 2007 Act apply to acts
committed on or after the effective date of this 2007 Act. + }
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