75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2263
 
                           A-Engrossed
 
                         Senate Bill 928
                 Ordered by the Senate April 30
           Including Senate Amendments dated April 30
 
Sponsored by Senators DEVLIN, ROSENBAUM; Senators ATKINSON,
  BONAMICI, BURDICK, DINGFELDER, Representatives BARKER, MAURER,
  OLSON, STIEGLER, TOMEI, WHISNANT
 
 
                             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.
 
  Prohibits employer from taking certain employment actions
toward individual who is victim of domestic violence, sexual
assault or stalking. Requires employer to make reasonable safety
accommodation requested by individual who is victim of domestic
violence, sexual assault or stalking.
 
                        A BILL FOR AN ACT
Relating to unlawful employment practices involving victims of
  certain crimes; creating new provisions; and amending ORS
  659A.885.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 659A. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Reasonable safety accommodation' may include, but is not
limited to, a transfer, reassignment, modified schedule, unpaid
leave from employment, changed work telephone number, changed
work station, installed lock, implemented safety procedure or any
other adjustment to a job structure, workplace facility or work
requirement in response to actual or threatened domestic
violence, sexual assault or stalking.
  (b) 'Victim of domestic violence' has the meaning given that
term in ORS 659A.270.
  (c) 'Victim of sexual assault' has the meaning given that term
in ORS 659A.270.
  (d) 'Victim of stalking' has the meaning given that term in ORS
659A.270.
  (2) It is an unlawful employment practice for an employer to:
  (a) Refuse to hire an otherwise qualified individual because
the individual is a victim of domestic violence, sexual assault
or stalking.
  (b) Discharge, threaten to discharge, demote, suspend or in any
manner discriminate or retaliate against an individual with
regard to promotion, compensation or other terms, conditions or
privileges of employment because the individual is a victim of
domestic violence, sexual assault or stalking.
  (c) Refuse to make a reasonable safety accommodation requested
by an individual who is a victim of domestic violence, sexual
assault or stalking, unless the employer can demonstrate that the
accommodation would impose an undue hardship on the operation of
the business of the employer, as determined under ORS 659A.121.
  (3)(a) Prior to making a reasonable safety accommodation, an
employer may require an individual to provide certification that
the individual is a victim of domestic violence, sexual assault
or stalking.
  (b) An individual must provide a certification required under
paragraph (a) of this subsection within a reasonable time after
receiving the employer's request for certification.
  (c) Any of the following constitutes sufficient certification:
  (A) A copy of a police report indicating that the individual
was or is a victim of domestic violence, sexual assault or
stalking.
  (B) A copy of a protective order or other evidence from a court
or attorney that the individual appeared in or is preparing for a
civil or criminal proceeding related to domestic violence, sexual
assault or stalking.
  (C) Documentation from an attorney, law enforcement officer,
health care professional, licensed mental health professional or
counselor, member of the clergy or victim services provider that
the individual was or is undergoing treatment or counseling,
obtaining services or relocating as a result of domestic
violence, sexual assault or stalking.
  (d) All records and information kept by an employer regarding a
reasonable safety accommodation made for an individual are
confidential and may not be released without the express
permission of the individual, unless otherwise required by
law. + }
  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 first apply to
conduct occurring on or after the effective date of this 2009
Act. + }
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