Chapter 108 Oregon Laws 2009

AN ACT

SB 56

Relating to complaint of discriminatory practice; creating new provisions; and amending ORS 659A.820.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 659A.820, as amended by section 7, chapter 36, Oregon Laws 2008, is amended to read:

          659A.820. (1) As used in this section, for purposes of a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law, “aggrieved person” includes a person who believes that the person:

          (a) Has been injured by an unlawful practice or discriminatory housing practice; or

          (b) Will be injured by an unlawful practice or discriminatory housing practice that is about to occur.

          (2) Any person claiming to be aggrieved by an alleged unlawful practice may file with the Commissioner of the Bureau of Labor and Industries a verified written complaint that states the name and address of the person alleged to have committed the unlawful practice. The complaint [may] must be signed by the complainant [or the attorney for the complainant]. The complaint must set forth the acts or omissions alleged to be an unlawful practice. The complainant may be required to set forth in the complaint such other information as the commissioner may require. Except as provided in ORS 654.062, a complaint under this section must be filed no later than one year after the alleged unlawful practice.

          (3)(a) Except as provided in paragraph (b) of this subsection, a complaint may not be filed under this section if a civil action has been commenced in state or federal court alleging the same matters.

          (b) The prohibition described in paragraph (a) of this subsection does not apply to a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or alleging discrimination under federal housing law.

          (4) If an employer has one or more employees who refuse or threaten to refuse to abide by the provisions of this chapter or to cooperate in carrying out the purposes of this chapter, the employer may file with the commissioner a verified complaint requesting assistance by conciliation or other remedial action.

          (5) Except as provided in subsection (6) of this section, the commissioner shall notify the person against whom a complaint is made within 30 days of the filing of the complaint. The commissioner shall include in the notice the date, place and circumstances of the alleged unlawful practice.

          (6) The commissioner shall notify the person against whom a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law is made within 10 days of the filing of the complaint. The commissioner shall include in the notice:

          (a) The date, place and circumstances of the alleged unlawful practice; and

          (b) A statement that the person against whom the complaint is made may file an answer to the complaint.

SECTION 2. The amendments to ORS 659A.820 by section 1 of this 2009 Act apply only to complaints filed on or after the effective date of this 2009 Act.

Approved by the Governor May 21, 2009

Filed in the office of Secretary of State May 21, 2009

Effective date January 1, 2010

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