75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 3162
LC 3622/HB 3162-1
HOUSE AMENDMENTS TO
HOUSE BILL 3162
By COMMITTEE ON BUSINESS AND LABOR
May 1
In line 2 of the printed bill, after 'whistleblowing ' insert
'; creating new provisions; and amending ORS 659A.885'.
After line 12, insert:
' { + SECTION 3. + } ORS 659A.885, as amended by section 12,
chapter 100, Oregon Laws 2007, section 8, chapter 180, Oregon
Laws 2007, section 3, chapter 278, Oregon Laws 2007, section 1,
chapter 280, Oregon Laws 2007, section 4, chapter 525, Oregon
Laws 2007, section 13, chapter 903, Oregon Laws 2007, and section
16, chapter 36, Oregon Laws 2008, is amended to read:
' 659A.885. (1) Any person 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 any other
equitable relief that 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, 652.355, 653.060, 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.277, 659A.300,
659A.306, 659A.309, 659A.315, 659A.318 or 659A.421 { + or
section 2 of this 2009 Act + }.
' (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 { + or section 2 of
this 2009 Act + }:
' (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 652.355 or 653.060, the court may
award, in addition to the relief authorized under subsection (1)
of this section, compensatory damages or $200, whichever is
greater.
' (5) 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.
' (6) Any individual against whom any distinction,
discrimination or restriction on account of race, color,
religion, sex, sexual orientation, 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 employee or person acting on behalf of the place
or by any person aiding or abetting the place or person in
violation of ORS 659A.406 may bring an action against the
operator or manager of the place, the employee or person acting
on behalf of the place or the aider or abettor of 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).
' (7) When the commissioner or the Attorney General has
reasonable cause to believe that a person or group of persons is
engaged in a pattern or practice of resistance to the rights
protected by ORS 659A.145 or 659A.421 or federal housing law, or
that a group of persons has been denied any of the rights
protected by ORS 659A.145 or 659A.421 or federal housing law, the
commissioner or the Attorney General may file a civil action on
behalf of the aggrieved persons in the same manner as a person or
group of persons may file a civil action under this section. In a
civil action filed under this subsection, the court may assess
against the respondent, in addition to the relief authorized
under subsections (1) and (3) of this section, a civil penalty:
' (a) In an amount not exceeding $50,000 for a first violation;
and
' (b) In an amount not exceeding $100,000 for any subsequent
violation.
' (8) In any action under subsection (1) of this section
alleging a violation of ORS 659A.145 or 659A.421 or alleging
discrimination under federal housing law, when the commissioner
is pursuing the action on behalf of an aggrieved complainant, the
court shall award reasonable attorney fees to the commissioner if
the commissioner prevails in the action. The court may award
reasonable attorney fees and expert witness fees incurred by a
defendant that prevails in the action if the court determines
that the commissioner had no objectively reasonable basis for
asserting the claim or for appealing an adverse decision of the
trial court.
' (9) In an action under subsection (1) or (7) of this section
alleging a violation of ORS 659A.145 or 659A.421 or
discrimination under federal housing law:
' (a) '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.
' (b) An aggrieved person in regard to issues to be determined
in an action may intervene as of right in the action. The
Attorney General may intervene in the action if the Attorney
General certifies that the case is of general public importance.
The court may allow an intervenor prevailing party costs and
reasonable attorney fees at trial and on appeal.
' { + SECTION 4. + } { + Section 2 of this 2009 Act and the
amendments to ORS 659A.885 by section 3 of this 2009 Act apply to
actions commenced on or after the effective date of this 2009
Act. + } ' .
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