Oregon
Oregon Workplace Harassment Laws: 1-Employee Rule, 5-Year Deadline
Independently fact-checked against primary sources (last audited October 21, 2026). · 11 primary sources cited on this page. How we verify our legal content
Workplace harassment is unlawful in Oregon as a form of employment discrimination: ORS 659A.030(1)(b) makes it an unlawful employment practice for an employer to discriminate against an individual "in compensation or in terms, conditions or privileges of employment" because of a protected trait, and the Bureau of Labor and Industries (BOLI) rules state that "[h]arassment based on an individual's protected class is a type of intentional unlawful discrimination" (OAR 839-005-0010(4)). The law reaches any employer with one or more employees (ORS 659A.001(4)(a)), and a BOLI complaint or a lawsuit under ORS 659A.030 can be filed up to five years after the alleged practice (ORS 659A.820(3), 659A.875(1)(b)).
Oregon also requires every employer to adopt a written anti-discrimination policy (ORS 659A.375) and limits nondisclosure terms that employers impose about discrimination and sexual assault (ORS 659A.370). For how other states compare, see workplace harassment laws by state.
Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Oregon state law on workplace harassment by employers, supervisors, coworkers and non-employees under ORS chapter 659A (chiefly ORS 659A.001, 659A.030, 659A.350, 659A.370, 659A.375, 659A.820, 659A.870, 659A.875 and 659A.883), BOLI's rules at OAR 839-005-0010 and 839-005-0030, and the public-employer rules in ORS 243.317 to 243.323. It does not cover wrongful firing or the full complaint and lawsuit procedure (see Oregon wrongful termination), damages estimates, criminal harassment or stalking, harassment outside employment, or federal-employee procedure.
Oregon harassment rules at a glance
| Question | Oregon rule | Source |
|---|---|---|
| Is harassment covered? | Yes, as discrimination in the terms, conditions or privileges of employment; BOLI rules call it intentional unlawful discrimination | ORS 659A.030(1)(b); OAR 839-005-0010(4) |
| Which employers? | Any person using the personal service of one or more employees in Oregon, for ORS 659A.030; six or more for disability | ORS 659A.001(4)(a); ORS 659A.106 |
| Who is excluded from "employee"? | Individuals employed by their parents, spouse or child, and people in domestic service | ORS 659A.001(3) |
| Interns | Treated as in an employment relationship for ORS 659A.030 | ORS 659A.350(1) |
| Standard | Sufficiently severe or pervasive; reasonable person in the complaining individual's circumstances | OAR 839-005-0010(4); 839-005-0030(2) |
| Employer liability | Owner/officer harassment and supervisor harassment with a tangible employment action: liable; other supervisor, coworker and non-employee harassment: knew-or-should-have-known rules with corrective-action defenses | OAR 839-005-0010(4)(c)-(h) |
| Individual liability | Any person, whether an employer or an employee, who aids, abets, incites, compels or coerces a forbidden act | ORS 659A.030(1)(h) |
| Agency | Bureau of Labor and Industries (BOLI), Civil Rights Division | ORS 659A.820 |
| Deadline | Five years for a BOLI complaint or civil action under ORS 659A.030 | ORS 659A.820(3); 659A.875(1)(b) |
| Written policy | Required of every employer | ORS 659A.375 |
| Training mandate | None in ORS chapter 659A | Ch. 659A |
| Limit on NDAs | Yes, for employer-required terms; settlement terms only at the employee's request with a seven-day revocation period | ORS 659A.370 |
What Oregon law prohibits
ORS 659A.030(1)(b) makes it an unlawful employment practice:
"For an employer, because of an individual's race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age of any other person with whom the individual associates, or because of an individual's juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271, to discriminate against the individual in compensation or in terms, conditions or privileges of employment."
The statute does not use the word harassment, and ORS chapter 659A does not set out a hostile-environment standard or an employer-liability test. Those come from BOLI's administrative rules, which implement ORS 659A.030.
BOLI's harassment rule for traits other than sex
OAR 839-005-0010(4) states that "[h]arassment based on an individual's protected class is a type of intentional unlawful discrimination." For protected classes other than sex, verbal or physical conduct is unlawful when substantial evidence of the elements of intentional discrimination is shown and:
"(A) Such conduct is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment" (OAR 839-005-0010(4)(a))
BOLI's sexual harassment rule
OAR 839-005-0030(1) defines sexual harassment as "unlawful discrimination on the basis of sex." It covers two kinds of conduct:
- unwelcome sexual advances, requests for sexual favors or other conduct of a sexual nature, directed toward an individual because of that individual's sex, when submission is "made either explicitly or implicitly a term or condition of employment" or when submission or rejection "is used as the basis for employment decisions affecting that individual"; and
- "[a]ny unwelcome verbal or physical conduct that is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with work performance or creating a hostile, intimidating or offensive working environment."
The first describes what is often called quid pro quo harassment; the second is the hostile-environment form.
Which Oregon employers are covered
ORS 659A.001(4)(a) defines an employer as "any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed." There is no separate, higher threshold for harassment claims under ORS 659A.030, so a business with a single employee is covered. The one-employee rule applies to ORS 659A.030; the disability sections (ORS 659A.112 to 659A.139) apply only to employers of six or more persons (ORS 659A.106).
Two groups fall outside the definition of employee: "any individual employed by the individual's parents, spouse or child or in the domestic service of any person" (ORS 659A.001(3)).
For comparison, the federal Title VII definition of employer requires "fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" (42 U.S.C. § 2000e(b)).
Interns and public-sector volunteers
Under ORS 659A.350(1), an intern (as that section uses the term) "is considered to be in an employment relationship with an employer for the purposes of the employee protections provided under ORS 659A.030," along with several other listed sections. ORS 659A.030 itself contains no express rule for independent contractors or volunteers.
Public employers have their own harassment-policy statute. ORS 243.317(3) defines "workplace harassment" as conduct that constitutes discrimination prohibited by ORS 659A.030, including sexual assault, or conduct prohibited by ORS 659A.082 or 659A.112, and ORS 243.319 requires the public employer's policy to state that it "applies to elected public officials, volunteers and interns." That rule covers public employers only.
Protected traits under Oregon law
ORS 659A.030(1)(b) protects these traits:
- race and color
- religion
- sex
- sexual orientation
- gender identity
- national origin
- marital status
- age, if the individual is 18 years of age or older
- the protected trait of any other person with whom the individual associates
- a juvenile record that has been expunged under ORS 419A.260 to 419A.271
For ORS 659A.030, "because of sex" includes pregnancy, childbirth and related medical conditions or occurrences (ORS 659A.029).
Oregon's definition of race reaches hair: "'Race' includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles" (ORS 659A.001(11)). A "protective hairstyle" means "a hairstyle, hair color or manner of wearing hair that includes, but is not limited to, braids, regardless of whether the braids are created with extensions or styled with adornments, locs and twists" (ORS 659A.001(10)).
Disability discrimination is covered by ORS 659A.112, which applies only to employers who employ six or more persons (ORS 659A.106); discrimination based on uniformed service is covered by ORS 659A.082. Both are named in the written-policy mandate in ORS 659A.375 and in the intern rule in ORS 659A.350.
Other sections of chapter 659A protect further groups. ORS 659A.290 makes it an unlawful employment practice to discriminate against an individual in the terms, conditions or privileges of employment because the individual is a victim of domestic violence, harassment, sexual assault, bias or stalking, and to refuse a requested reasonable safety accommodation unless it would impose an undue hardship. ORS 659A.303 bars an employer from obtaining or using genetic information to discriminate against an employee or applicant.
The legal standard
BOLI's rules set the test for both sex-based and other harassment:
"The standard for determining whether harassment based on an individual's sex is sufficiently severe or pervasive to create a hostile, intimidating or offensive working environment is whether a reasonable person in the circumstances of the complaining individual would so perceive it." (OAR 839-005-0030(2))
OAR 839-005-0010(4)(b) uses the same reasonable-person test for the other protected classes. These are BOLI's standards for the complaints it handles; whether a court hearing a civil action under ORS 659A.885 applies them in the same way is a question of Oregon case law, which this page does not summarize.
Employer responsibility and individual liability
BOLI's rules set employer-liability standards by type of harasser (OAR 839-005-0010(4)):
- Owner or officer: the employer is liable when the harasser's rank is sufficiently high that the harasser is the employer's proxy, for example its president, owner, partner or corporate officer (OAR 839-005-0010(4)(c)).
- Supervisor, tangible employment action: the employer is liable for harassment by a supervisor with immediate or successively higher authority when the harassment results in a tangible employment action, such as termination (including constructive discharge), failure to hire or promote, or a change in a term or condition of employment (OAR 839-005-0010(4)(d)).
- Supervisor, no tangible employment action: when a supervisor "with immediate or successively higher authority over the individual" harassed the individual but no tangible employment action was taken, the employer is liable if it knew of the harassment, "unless the employer took immediate and appropriate corrective action," or if it should have known. BOLI "will find that the employer should have known of the harassment unless the employer can demonstrate: (i) That the employer exercised reasonable care to prevent and promptly correct any harassing behavior; and (ii) That the complaining individual unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm" (OAR 839-005-0010(4)(e)).
- Coworkers or agents: the employer is liable when it knew or should have known of the conduct, unless it took immediate and appropriate corrective action (OAR 839-005-0010(4)(f)).
- Non-employees: "An employer is liable for harassment by non-employees in the workplace when the employer or the employer's agents knew or should have known of the conduct unless the employer took immediate and appropriate corrective action" (OAR 839-005-0010(4)(g)).
Since February 1, 2025, BOLI's rules define appropriate corrective action as intervening immediately with actions reasonably designed to halt the behavior, conducting a prompt and adequate investigation, taking remedial measures proportionate to the seriousness of the behavior, placing no burden on the reporting employee or aggrieved party, or making every reasonable effort to minimize any burden placed on them, not retaliating, and taking steps reasonably calculated to prevent retaliation and future harassment. Whether corrective action stopped the harassment is "relevant, but not dispositive, as to employer liability" (OAR 839-005-0010(4)(h); 839-005-0030(8)).
OAR 839-005-0030 contains parallel liability provisions for sexual harassment.
On individuals, ORS 659A.030(1)(h) makes it an unlawful employment practice "[f]or any person, whether an employer or an employee, to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this chapter or to attempt to do so." The main prohibition in ORS 659A.030(1)(b) runs against "an employer."
Retaliation for complaining
ORS 659A.030(1)(g) makes it an unlawful employment practice "[f]or any person to discharge, expel or otherwise discriminate against any other person because that other person has opposed any unlawful practice, or because that other person has filed a complaint, testified or assisted in any proceeding under this chapter or has attempted to do so." How a firing after a complaint fits with Oregon's default employment rule is covered on the Oregon at-will employment page.
Deadlines and where to file
BOLI's Civil Rights Division takes complaints, and a lawsuit can be filed in circuit court.
- BOLI complaint: "A complaint alleging an unlawful employment practice as described in ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be filed no later than five years after the occurrence of the alleged unlawful employment practice" (ORS 659A.820(3)). Other complaints under the section must be filed "no later than one year after the alleged unlawful practice" (ORS 659A.820(2)). There is no separate deadline for harassment.
- Lawsuit: "A civil action under ORS 659A.885 alleging a violation of ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced not later than five years after the occurrence of the alleged violation" (ORS 659A.875(1)(b)).
- No BOLI step required: "The filing of a complaint under ORS 659A.820 is not a condition precedent to the filing of any civil action" (ORS 659A.870(2)). Filing a civil action first, in state or federal court, waives the right to file a BOLI complaint on the matters alleged in the lawsuit (ORS 659A.870(1)).
- No contractual shortening: since June 24, 2025, it is an unlawful employment practice for an employer to enter into an agreement with a former, current or prospective employee "that has the effect of shortening a statute of limitations with respect to a violation over which the Bureau of Labor and Industries has enforcement authority" (ORS 659A.883).
- EEOC co-filing: BOLI states that if a complaint "alleges something that is also a violation of federal employment law, BOLI will co-file it with the EEOC," but that it is "unable to co-file the case with EEOC if the disability is named on the face of the charge."
- Federal charge period: the EEOC states that its "180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis." The EEOC's Seattle Field Office, which lists BOLI among the fair employment practice agencies in its area, states that in Oregon a charge against an employer with 15 or more employees (20 or more for age) may be filed with the EEOC within 300 days from the date of alleged harm.
What happens when a BOLI complaint is filed first, including the notice and the deadline to sue afterward, is explained on the Oregon wrongful termination page, which also covers remedies. The Oregon employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.
Written policy required; no training mandate
ORS 659A.375(1) requires every employer to adopt a written policy:
"(1) Every employer in this state shall adopt a written policy containing procedures and practices for the reduction and prevention of discrimination prohibited by ORS 659A.030, including sexual assault, as defined in ORS 659A.370, and discrimination prohibited by ORS 659A.082 and 659A.112."
The employer must "(a) Make the policy available to employees within the workplace" and "(b) Provide a copy of the policy to each employee at the time of hire" (ORS 659A.375(3)). The duty applies to every employer, not only large ones.
ORS chapter 659A does not require private employers to provide harassment training. Its training references concern other subjects, such as apprenticeship and uniformed-service training. Public employers' parallel rules in ORS 243.317 to 243.323 likewise require a policy, not training.
NDAs and settlement agreements
ORS 659A.370(1) makes it an unlawful employment practice for an employer to enter into an agreement with a former, current or prospective employee, "as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a nondisparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing conduct" described in the statute, which includes discrimination prohibited by ORS 659A.030 and sexual assault. The ban is subject to the exceptions in subsections (2) and (4).
Subsection (2) covers settlements. A settlement agreement may include such provisions "only when the employee who is a party to the agreement requests the inclusion of such provisions in the agreement," and the agreement "must provide that the employee has at least seven days after executing the agreement to revoke the agreement" (ORS 659A.370(2)(a), (3)(a)). The 2019 law that created the section was amended in 2022.
ORS chapter 659A contains no provision on arbitration. Federal law adds limits for sexual harassment disputes: the Speak Out Act makes nondisclosure and nondisparagement clauses agreed to before a sexual harassment dispute arises judicially unenforceable where the conduct is alleged to violate federal, tribal or state law, and the Ending Forced Arbitration Act lets the person alleging sexual harassment elect court over a predispute arbitration agreement, both explained on the workplace harassment laws hub.
Is workplace bullying illegal in Oregon?
ORS chapter 659A reaches harassment because of the traits it protects. It contains no provision on general workplace bullying or abusive conduct that is unconnected to one of those traits.
Documenting harassment and workplace monitoring
The rules on recording a conversation at work, including a conversation with a harasser, are on the Oregon workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the Oregon employee monitoring laws page.
Recent changes to Oregon harassment law
- 2019: 2019 Or. Laws ch. 343 enacted ORS 659A.370 (nondisclosure limits) and ORS 659A.375 (written policy mandate); 2019 Or. Laws ch. 463 enacted the public-employer policy rule in ORS 243.319.
- 2022: 2022 Or. Laws ch. 107 (SB 1586) amended ORS 659A.370 and 659A.375.
- February 1, 2025: BOLI amended OAR 839-005-0010 and 839-005-0030 (BLI 1-2025) to define appropriate corrective action.
- 2025: 2025 Or. Laws ch. 125 (HB 3187) amended ORS 659A.030.
- June 24, 2025: 2025 Or. Laws ch. 379 (HB 2957) took effect, adding ORS 659A.883 (no agreements shortening a BOLI-enforced limitations period) and revising the notice-and-suit rules in ORS 659A.870 to 659A.880 for complaints and actions filed on or after that date, and for earlier complaints for which BOLI had not yet issued a notice.
Related pages
- Workplace harassment laws by state
- Oregon wrongful termination
- Oregon at-will employment laws
- Oregon employee monitoring laws
- Oregon workplace recording laws
This article provides general legal information about Oregon workplace harassment law under ORS chapter 659A and BOLI's rules as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oregon or the Oregon Bureau of Labor and Industries.
Last updated: 2026-10-20.
Frequently Asked Questions
Is workplace harassment illegal in Oregon?
ORS 659A.030(1)(b) makes it an unlawful employment practice for an employer to discriminate in the terms, conditions or privileges of employment because of a protected trait, and BOLI's rules treat harassment based on a protected class as a type of intentional unlawful discrimination (OAR 839-005-0010(4)).
Does Oregon harassment law apply to small employers?
Yes. ORS 659A.001(4)(a) defines an employer as any person who engages or uses the personal service of one or more employees in Oregon. Individuals employed by their parents, spouse or child, and people in domestic service, are excluded from the definition of employee (ORS 659A.001(3)). Disability claims under ORS 659A.112 require an employer of six or more persons (ORS 659A.106).
How long do I have to file a harassment complaint in Oregon?
A BOLI complaint alleging a violation of ORS 659A.030 must be filed within five years after the alleged practice (ORS 659A.820(3)), and a civil action within five years (ORS 659A.875(1)(b)). Filing with BOLI is not required before suing (ORS 659A.870(2)).
What is a hostile work environment under Oregon law?
BOLI's rules treat conduct as unlawful harassment when it is sufficiently severe or pervasive to unreasonably interfere with work performance or create an intimidating, hostile or offensive working environment, judged by whether a reasonable person in the complaining individual's circumstances would so perceive it (OAR 839-005-0010(4), 839-005-0030).
Does Oregon require employers to have a harassment policy?
Yes. ORS 659A.375 requires every employer to adopt a written policy for reducing and preventing discrimination, including sexual assault, make it available in the workplace and give a copy to each employee at hire. ORS chapter 659A contains no training mandate for private employers.
Can an Oregon employer require an NDA about harassment?
ORS 659A.370 makes it an unlawful employment practice to require a nondisclosure or nondisparagement provision covering the discrimination or sexual assault conduct it describes as a condition of employment, continued employment, promotion, compensation or benefits, subject to its exceptions. A settlement may include such terms only at the employee's request, with at least seven days to revoke.
Can a coworker be held liable for harassment in Oregon?
ORS 659A.030(1)(h) makes it an unlawful employment practice for any person, whether an employer or an employee, to aid, abet, incite, compel or coerce an act forbidden by chapter 659A, or to attempt to do so.
Are interns protected from harassment in Oregon?
Yes. Under ORS 659A.350(1), an intern is considered to be in an employment relationship with an employer for the employee protections in ORS 659A.030 and several other listed sections.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Oregon Revised Statutes, Chapter 659A: Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement
§ 659A.370Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct; exceptions; remediesIn forcecited in 2 of our articles
(1) Except as provided in subsections (2) or (4) of this subsection, it is an unlawful employment practice for an employer to enter into an agreement with a former, current or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a nondisparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing conduct: (a)(A) That constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault; or (B) That constitutes discrimination prohibited by ORS 659A.082 or 659A.112; and (b)(A) That occurred between employees or between an employer and an employee in the workplace or at a work-related event that is off the employment premises and coordinated by or through the employer; or (B) That occurred between an employer and an employee off the employment premises.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Lowes v. Thompson (Oregon Supreme Court 2025, 374 Or. 23)“…ees from disclosing or discussing discriminatory con- duct. ORS 659A.370(1). Public and nonprofit employees enjo…”
- Khlafa v. Oregon Health and Science University (District Court, D. Oregon 2023)“…ith the employer as a term or condition of the agreement.” ORS § 659A.370(2). Plaintiff, however, has not sued u…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon At-Will Employment Laws: Exceptions and Your Rights
§ 659A.375Employer policies relating to prevention of discrimination and sexual assault; requirementsIn force
(1) Every employer in this state shall adopt a written policy containing procedures and practices for the reduction and prevention of discrimination prohibited by ORS 659A.030, including sexual assault, as defined in ORS 659A.370, and discrimination prohibited by ORS 659A.082 and 659A.112. (2) At a minimum, the policy must: (a) Provide a process for an employee to report prohibited conduct; (b) Identify the individual designated by the employer who is responsible for receiving reports of prohibited conduct, including an individual designated as an alternate to receive such reports; (c) Include the statute of limitations period applicable to an employee’s right of action for alleging unlawful conduct described in subsection (1) of this section; (d) Include a statement that an employer may not require or coerce an employee to enter into a nondisclosure or nondisparagement agreement, including a description of the meaning of those terms; (e) Include an explanation that an employee claiming to be aggrieved by conduct described in subsection (1) of this section may voluntarily request to enter into an agreement described in ORS 659A.370 (2), including a statement…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 659A.820ComplaintsIn forcecited in 6 of our articles
(1) As used in this section, for purposes of a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law, “person claiming to be aggrieved by an unlawful practice” includes, but is not limited to, a person who believes that the person: (a) Has been injured by an unlawful practice under ORS 659A.145 or 659A.421 or a discriminatory housing practice; or (b) Will be injured by an unlawful practice under ORS 659A.145 or 659A.421 or a discriminatory housing practice that is about to occur. (2) Any person claiming to be aggrieved by an unlawful practice may file with the Commissioner of the Bureau of Labor and Industries a verified written complaint that states the name and address of the person alleged to have committed the unlawful practice. The complaint must be signed by the complainant. The complaint must set forth the acts or omissions alleged to be an unlawful practice. The complainant may be required to set forth in the complaint such other information as the commissioner may require.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Portland State University Chapter of the American Ass'n of University Professors v. Portland State University (Oregon Supreme Court 2012, 352 Or. 697)“…to, filing a discrimination 11 complaint with BOLI. See ORS 659A.820 (regarding the filing of complaints wit…”
- Hatkoff v. Portland Adventist Medical Center (Court of Appeals of Oregon 2012, 252 Or. App. 210)“…mination complaint with the Bureau of Labor and Industries, ORS 659A.820, or in state court, ORS 659A.875.…”
- Fenimore v. Blachly-Lane Cnty. C.E.A. (Court of Appeals of Oregon 2019, 297 Or. App. 47)“…s right to file a formal complaint with BOLI is provided by ORS 659A.820(2), under which "[a]ny person claiming…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Background Check Laws (2026 Guide), Oregon Jury Duty Laws: Pay, Excuses and Employer Rules, Oregon Minimum Wage 2026: $15.55 Standard, $16.80 Portland Metro
§ 659A.870Election of remediesIn forcecited in 2 of our articles
(1) Except as provided in this section, the filing of a civil action by a person in circuit court pursuant to ORS 659A.885, or in federal district court under applicable federal law, waives the right of the person to file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 with respect to the matters alleged in the civil action. (2) The filing of a complaint under ORS 659A.820 is not a condition precedent to the filing of any civil action. (3) If a person files a civil action alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law, the filing does not constitute an election of remedies or a waiver of the right of the person to file a complaint with the commissioner under ORS 659A.820, but the commissioner shall dismiss the complaint upon the commencement of a trial in the civil action.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Also relied on in: Wrongful Termination in Oregon (2026): Laws, Deadlines, How to File
§ 659A.883Contractual shortening of statute of limitations prohibitedIn forcecited in 2 of our articles
It is an unlawful employment practice for an employer to enter into an agreement with a former, current or prospective employee that has the effect of shortening a statute of limitations with respect to a violation over which the Bureau of Labor and Industries has enforcement authority. [2025 c.379 §2] 659A.885 Civil action. (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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Oregon Revised Statutes, Chapter 243: Public Employee Rights and Benefits
§ 243.323Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment; exceptions; remedy for violationIn forcecited in 2 of our articles
(1) Except as provided in subsection (2) or (4) of this section, it is an unlawful employment practice under ORS chapter 659A for a public employer to enter into an agreement with a former, current or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a nondisparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing workplace harassment: (a) That occurred between employees or between an employer and an employee in the workplace or at a work-related event that is off the employment premises and coordinated by or through the employer; or (b) That occurred between an employer and an employee off the employment premises.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Mazur v. Kaiser Foundation Hospitals (District Court, D. Oregon 2025)“…an unlawful employment practice other than a violation of ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.3…”
- Perez v. Legacy Health (District Court, D. Oregon 2025)“…ivil action under ORS 659A.885 alleging a violation of ORS 243.323, 659A.030, 659A.082, 659A.112 or 6…”
- Denton v. Shriners Hospital for Children (District Court, D. Oregon 2024)“…ful employment practice other than a violation of ORS 243.323, 659A.030, 659A.082, 659A.112 or…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- ORS chapter 659A (ORS 659A.001, 659A.029, 659A.030, 659A.106, 659A.290, 659A.303, 659A.350, 659A.370, 659A.375, 659A.820, 659A.870, 659A.875, 659A.883)(oregonlegislature.gov).gov
- OAR 839-005-0010 (discrimination theories; harassment and employer liability)(secure.sos.state.or.us)
- OAR 839-005-0030 (sexual harassment in employment)(secure.sos.state.or.us)
- 42 U.S.C. § 2000e (Title VII definitions)(govinfo.gov).gov
- ORS 243.317 to 243.323 (public employer workplace harassment policies)(oregonlegislature.gov).gov
- 2025 Or. Laws ch. 379 (HB 2957)(oregonlegislature.gov).gov
- Oregon Bureau of Labor and Industries: BOLI investigations(oregon.gov).gov
- EEOC, Time Limits for Filing a Charge(eeoc.gov).gov
- Speak Out Act, Pub. L. 117-224(govinfo.gov).gov
- Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. § 402(govinfo.gov).gov
- 2025 Or. Laws ch. 125 (HB 3187)(oregonlegislature.gov).gov
- EEOC Seattle Field Office: timeliness(eeoc.gov).gov
- EEOC Seattle Field Office: fair employment practice agencies(eeoc.gov).gov
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