70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
HA to SB 1115
LC 3884/SB 1115-6
HOUSE AMENDMENTS TO
SENATE BILL 1115
By COMMITTEE ON JUDICIARY - CIVIL LAW
June 23
On page 1 of the printed bill, line 2, after '659.010 ' insert
'and 659.121'.
In line 14, before 'It' insert '(1)'.
In line 16, after 'conditions' insert 'or engages in concerted
activities'.
In line 17, delete 'disrupt work or'.
In line 18, after the period insert 'As used in this
subsection, 'concerted activities' means activities of employees
engaged in with other employees for the purpose of addressing the
terms and conditions of their employment with their employer.
' (2) For the purposes of this section, any of the following
activities engaged in by an individual employed in agricultural
labor constitutes a substantial job interruption:
' (a) A refusal to work after being asked to do so by the
individual's employer or the employer's representative;
' (b) Picketing of the employer's farm, ranch, nursery or
orchard during normal working hours; or
' (c) Interference, physical harm or injury or threats of
interference, physical harm or injury to any person or property
connected with the employer's establishment.
' (3) For the purposes of this section, substantial job
interruption does not include:
' (a) A voluntary meeting, for as long as each participant
agrees to meet, between an individual or a group of individuals
and the employer or the employer's representative to discuss
wages or working conditions.
' (b) Any action protected under ORS 654.062 (5) and rules
adopted in accordance with ORS 654.062 (5).'.
On page 3, after line 11, insert:
' { + SECTION 9. + } ORS 659.121 is amended to read:
' 659.121. (1) Any person claiming to be aggrieved by an
unlawful employment practice prohibited by { + section 7 of this
1999 Act or + } ORS 25.363, 399.235, 659.030, 659.035, 659.227,
659.270, 659.295, 659.330, 659.340, 659.410, 659.415, 659.420,
659.425 or 659.470 to 659.494 may file a civil suit in circuit
court for injunctive relief and the court may order such other
equitable relief as may be appropriate, including but not limited
to reinstatement or the hiring of employees with or without back
pay. Back pay liability shall not accrue from a date more than
two years prior to the filing of a complaint with the
Commissioner of the Bureau of Labor and Industries, pursuant to
ORS 659.040, or if no such complaint has first been filed, then,
more than two years prior to the filing of the civil suit
provided for in ORS 659.040, 659.045, 659.095 and this section.
In any suit brought under this subsection, the court may allow
the prevailing party costs and reasonable attorney fees at trial
and on appeal.
' (2) Any person claiming to be aggrieved by alleged violations
of ORS 659.033 (1) or (3), 659.295 or 659.400, 659.405, 659.410
(1), 659.415 to 659.435 and 659.550 may file a civil action in
circuit court to recover compensatory damages or $200, whichever
is greater, and punitive damages. In addition, the court may
award relief authorized under subsection (1) of this section and
such equitable relief as it considers appropriate. At the request
of any party, the trial of such case shall be by jury. In any
action brought under this subsection, the court may allow the
prevailing party costs and reasonable attorney fees at trial and
on appeal. Any attorney fee agreement shall be subject to
approval by the court.
' (3) Where no complaint has been filed pursuant to ORS 659.040
(1) or 659.045 (1) and except as otherwise provided herein, the
civil suit or action shall be commenced within one year of the
occurrence of the alleged unlawful employment practice. Where a
complaint has been filed pursuant to ORS 659.040 (1) or 659.045
(1) the civil suit or action provided for herein shall be
commenced only in accordance with the time limitations provided
for in ORS 659.095. The filing of a complaint with the
commissioner under ORS 659.040 (1) or 659.045 (1) shall not be a
condition precedent to the filing of civil suit or action under
this section.
' (4) This section shall not be construed to limit or alter in
any way the authority or power of the commissioner or to limit or
alter in any way any of the rights of an individual complainant
until and unless the complainant commences civil suit or action.
Except as provided in subsection (5) of this section, the filing
of a civil suit or action in either circuit court pursuant to
subsection (1) of this section or federal district court under
applicable federal law shall constitute both an election of
remedies as to the rights of that individual with respect to
those matters alleged in the complaint filed with the
commissioner, and a waiver with respect to the right to file a
complaint with the commissioner pursuant to ORS 659.040 (1) or
659.045 (1).
' (5)(a) Where a person claiming to be aggrieved by alleged
violations of ORS 659.033 or 659.430 or applicable federal law
files a civil suit or action in circuit court or in federal
district court, that filing does not constitute an election of
remedies until such time as the trial commences.
' (b) An aggrieved person may not commence a civil action under
this subsection with respect to an alleged discriminatory housing
practice { - which - } { + that + } forms the basis of
specific charges issued by the commissioner if a hearings referee
has commenced a hearing on the record under this chapter with
respect to such charge.
' (6) Notwithstanding any other provision of ORS 659.010 to
659.121 and 659.470 to 659.545, a civil complaint alleging
violations of ORS 659.033 or 659.430 may be filed not later than
two years after the occurrence or the termination of an alleged
discriminatory housing practice, or the breach of a conciliation
agreement entered into under ORS 659.010 to 659.121 and 659.470
to 659.545, whichever occurs last. The two-year period shall not
include any time during which an administrative proceeding was
pending with respect to the housing practice or breach.'.
In line 12, delete '9' and insert '10'.
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