70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
Senate Bill 1115
Sponsored by Senator STARR; Senators FERRIOLI, GEORGE, HARTUNG,
NELSON, QUTUB, SHANNON, Representatives BEYER, BUTLER, HARPER,
JENSON, KROPF, KRUSE, MESSERLE, SCHRADER, SHETTERLY, STARR,
WELLS (at the request of Oregon Farm Bureau Federation, Oregon
Association of Nurserymen, Oregon Dairy Farmers Association,
Oregon Wheat Growers League, Oregon Winegrowers Association,
Fruit Growers League of Jackson County, Hood River
Growers/Shippers Association, Wasco County Fruit and Produce
League, Benton County Farm Bureau, Clackamas County Farm
Bureau, Hood River County Farm Bureau, Lincoln County Farm
Bureau, Malheur County Farm Bureau, Marion County Farm Bureau,
Multnomah County Farm Bureau, Polk County Farm Bureau,
Tillamook County Farm Bureau, Umatilla/Morrow County Farm
Bureau, Washington County Farm Bureau, Yamhill County Farm
Bureau, Oregon Seed Council)
CHAPTER ................
AN ACT
Relating to labor; creating new provisions; amending ORS 659.010
and 659.121; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 1999 Act is added to and made
a part of ORS chapter 661. + }
SECTION 2. { + Nothing in this chapter creates a public policy
or a cause of action independent of this chapter. + }
SECTION 3. { + Section 4 of this 1999 Act is added to and made
a part of ORS chapter 662. + }
SECTION 4. { + The public policy declared in ORS 662.020 does
not create a public policy or a cause of action independent of
this chapter. + }
SECTION 5. { + Nothing in section 2 or 4 of this 1999 Act is
intended to affect any action filed before January 1, 1998. + }
SECTION 6. { + Section 7 of this 1999 Act is added to and made
a part of ORS 659.040 to 659.110. + }
SECTION 7. { + (1) It is an unlawful employment practice for
an employer to discharge an individual employed in agricultural
labor, as defined in ORS 657.045, because the individual
discusses or attempts to discuss wages or working conditions or
engages in concerted activities at a time and place and in a
manner that does not constitute a slowdown, strike or substantial
job interruption. 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.
Enrolled Senate Bill 1115 (SB 1115-A) Page 1
(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). + }
SECTION 8. ORS 659.010 is amended to read:
659.010. As used in ORS 659.010 to 659.110 and 659.400 to
659.545, unless the context requires otherwise:
(1) 'Bureau' means the Bureau of Labor and Industries.
(2) 'Cease and desist order' means an order signed by the
commissioner, taking into account the subject matter of the
complaint and the need to supervise compliance with the terms of
any specific order issued to eliminate the effects of any
unlawful practice found, addressed to a respondent requiring the
respondent to:
(a) Perform an act or series of acts designated therein and
reasonably calculated to carry out the purposes of ORS 30.670 to
30.685, 659.010 to 659.110 and 659.400 to 659.545, eliminate the
effects of an unlawful practice found, and protect the rights of
the complainant and other persons similarly situated;
(b) Take such action and submit such designated reports to the
commissioner on the manner of compliance with other terms and
conditions specified in the commissioner's order as may be
required to ensure compliance therewith; or
(c) Refrain from any action designated in the order which would
jeopardize the rights of the complainant or other person
similarly situated or frustrate the purpose of ORS 30.670 to
30.685, 659.010 to 659.110 and 659.400 to 659.545.
(3) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
(4) 'Conciliation agreement' means a written agreement settling
and disposing of a complaint under ORS 659.010 to 659.110 and
659.400 to 659.545 signed by a respondent and an authorized
official of the Bureau of Labor and Industries.
(5) 'Employee' does not include any individual employed by the
individual's parents, spouse or child or in the domestic service
of any person.
(6) 'Employer' means any person who in this state, directly or
through an agent, engages or utilizes the personal service of one
or more employees, reserving the right to control the means by
which such service is or will be performed. 'Employer' also
includes any public body that, directly or through an agent,
engages or utilizes the personal service of one or more
employees, reserving the right to control the means by which such
service is or will be performed, including all officers,
agencies, departments, divisions, bureaus, boards and commissions
of the legislative, judicial and administrative branches of the
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state, all county and city governing bodies, school districts,
special districts, and municipal corporations, and all other
political subdivisions of the state.
(7) 'Employment agency' includes any person undertaking to
procure employees or opportunities to work.
(8) 'Entity' includes employers, labor organizations,
employment agencies, places of public accommodation as defined in
ORS 30.675 or career schools.
(9)(a) 'Familial status' means the relationship between one or
more individuals who have not attained 18 years of age and who
are domiciled with:
(A) A parent or another person having legal custody of the
individual; or
(B) The designee of the parent or other person having such
custody, with the written permission of the parent or other
person.
(b) 'Familial status' includes any individual, regardless of
age or domicile, who is pregnant or is in the process of securing
legal custody of an individual who has not attained 18 years of
age.
(10) 'Labor organization' includes any organization which is
constituted for the purpose, in whole or in part, of collective
bargaining or in dealing with employers concerning grievances,
terms or conditions of employment or of other mutual aid or
protection in connection with employees.
(11) 'National origin' includes ancestry.
(12) 'Person' includes one or more individuals, partnerships,
associations, corporations, legal representatives, trustees,
trustees in bankruptcy or receivers.
(13) 'Respondent' includes any person or entity against whom a
complaint or charge of unlawful practices is filed with the
commissioner or whose name has been added to such complaint or
charge pursuant to ORS 659.050 (1).
(14) 'Unlawful employment practice' includes only those
unlawful employment practices specified in { + section 7 of this
1999 Act and + } ORS 25.363, 399.235, 654.062 (5), 659.030,
659.035, 659.036, 659.227, 659.270, 659.295, 659.330, 659.340,
659.358 (1) to (4), 659.410, 659.415, 659.420, 659.425 and
659.470 to 659.494.
(15) 'Unlawful practice' means any unlawful employment practice
or any distinction, discrimination or restriction on account of
race, religion, color, sex, marital status or national origin
made by any place of public accommodation as defined in ORS
30.675, by any person acting on behalf of any such place or by
any person aiding or abetting any such place or person in
violation of ORS 30.685, or any violation of ORS 345.240,
659.033, 659.037, 659.430 or rules adopted pursuant to ORS
659.103 (1), but does not include a refusal to furnish goods or
services when the refusal is based on just cause.
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
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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
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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.
SECTION 10. { + This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 1999 Act takes effect on
its passage. + }
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Passed by Senate May 17, 1999
Repassed by Senate July 9, 1999
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Secretary of Senate
...........................................................
President of Senate
Passed by House June 29, 1999
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Speaker of House
Enrolled Senate Bill 1115 (SB 1115-A) Page 5
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
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Governor
Filed in Office of Secretary of State:
......M.,............., 1999
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Secretary of State
Enrolled Senate Bill 1115 (SB 1115-A) Page 6