76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3207
Sponsored by Representative ESQUIVEL; Representatives BARKER,
BOONE, HUFFMAN, MATTHEWS, THATCHER, WHISNANT, WITT, Senators
BOQUIST, DEVLIN, JOHNSON
CHAPTER ................
AN ACT
Relating to veterans who apply for civil service positions;
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 2011 Act is added to and made
a part of ORS 408.225 to 408.235. + }
SECTION 2. { + (1) As used in this section:
(a) 'Eligibility list' means a list of ranked eligible
candidates for a civil service position who have become eligible
for the position through a test or series of tests and who will
be considered for the civil service position in ranked order.
(b) 'Transferable skill' means a skill that a veteran has
obtained through military education or experience that
substantially relates, directly or indirectly, to the civil
service position for which the veteran is applying.
(2) When an interview is a component of the selection process
for a civil service position or for an eligibility list for a
civil service position, a public employer shall interview each
veteran:
(a) Whom the public employer determines meets the minimum
qualifications and special qualifications for the civil service
position or eligibility list; and
(b) Who submits application materials that the public employer
determines show sufficient evidence that the veteran has the
transferable skills required and requested by the public employer
for the civil service position or eligibility list.
(3) A public employer is not required to comply with subsection
(2) of this section if the employer conducts interviews only as
part of the process of selecting a candidate for a civil service
position from an eligibility list.
(4) A public employer may consult with the Oregon Military
Department and the Department of Veterans' Affairs to determine
whether certain military education or experience produces a
transferable skill.
(5) The Department of Veterans' Affairs shall provide training
to veterans on how to show evidence of transferable skills in an
application for a civil service position or eligibility list.
(6) Violation of subsection (2) of this section is an unlawful
employment practice under ORS chapter 659A.
Enrolled House Bill 3207 (HB 3207-B) Page 1
(7) A veteran claiming to be aggrieved by a violation of
subsection (2) of this section may file a complaint under ORS
659A.820. + }
SECTION 3. ORS 659A.885, as amended by section 3, chapter 102,
Oregon Laws 2010, 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,
408.230, 476.574, 652.355, 653.060, 659A.030, 659A.040, 659A.043,
659A.046, 659A.063, 659A.069, 659A.082, 659A.088, 659A.103 to
659A.145, 659A.150 to 659A.186, 659A.194, 659A.199, 659A.203,
659A.218, 659A.230, 659A.233, 659A.236, 659A.250 to 659A.262,
659A.277, 659A.290, 659A.300, 659A.306, 659A.309, 659A.315,
659A.318 or 659A.421 { + , + } { - or - } section 2, chapter
102, Oregon Laws 2010 { + , or section 2 (2) of this 2011
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.082, 659A.103 to 659A.145, 659A.199,
659A.230, 659A.250 to 659A.262, 659A.290, 659A.318 or 659A.421:
(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
Enrolled House Bill 3207 (HB 3207-B) Page 2
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:
Enrolled House Bill 3207 (HB 3207-B) Page 3
(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.
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Passed by House April 7, 2011
Repassed by House June 10, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 8, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3207 (HB 3207-B) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3207 (HB 3207-B) Page 5