Oregon Revised Statutes

Or. Rev. Stat. § 659.860 (2026)

Enforcement of ORS 659.850

✓ current as of May 2026

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659.860 Enforcement of ORS 659.850. (1) Any person claiming to be aggrieved by unlawful discrimination as prohibited by ORS 659.850 may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 to 30.300, damages, or both. The court may order such other relief as may be appropriate. Damages shall be $200 or actual damages, whichever is greater.

(2) The action authorized by this section shall be filed within one year of the filing of a grievance.

(3) An action may not be filed unless, within 180 days of the alleged discrimination, a grievance has been filed with the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS 352.002.

(4) An action may not be filed until 90 days after filing a grievance unless only injunctive relief is sought pursuant to ORCP 79. The right to temporary or preliminary injunctive relief shall be independent of the right to pursue any administrative remedy available to complainants pursuant to ORS 659.850.

(5) An action may not be filed if the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS 352.002 has obtained a conciliation agreement with the person filing the grievance or if a final determination of a grievance has been made except as provided in ORS 183.480.

(6) Notwithstanding the filing of a grievance, pursuant to subsection (3) of this section, any person seeking to maintain an action under this section shall also file a notice of claim within 180 days of the alleged discrimination as required by ORS 30.275.

(7) The court shall award reasonable attorney fees to a prevailing plaintiff in any action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.

(8) Nothing in this section is intended to reduce the obligations of the education agencies under this section and ORS 659.850 and 659.855. [Formerly 659.160; 2007 c.256 §1; 2013 c.768 §148; 2015 c.767 §207]

(Discrimination Against Athletes)

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2019–2025 · leading case: Walter v. Bd. of Educ., 457 P.3d 288 (Or. Ct. App. 2019).

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Walter v. Bd. of Educ., 457 P.3d 288 (Or. Ct. App. 2019). · cites it 2× “And the same provisions for chal- lenging unlawful discrimination in education are avail- able to all Oregonians—Native American tribal members, Native American nontribal members, and non-Native Americans, see ORS 659.860, and are not foreclosed by OAR 581-021-0047.”

Barrios v. Beaverton Sch. Dist. (D. Or. 2025). · cites it 9× “” Or. Rev. Stat. § 659.860 (1) and (3). Oregon Administrative Rule 581-022-2370 sets out the requirements for school district complaint procedures including the requirement that “[e]ach school district must establish a process for the prompt resolution of a complaint by” a…”

Barrios v. Beaverton Sch. Dist. (D. Or. 2025). · cites it 5× “” Or. Rev. Stat. § 659.860 (1) and (3). See also Camarata v.”

Camarata v. Portland Cmty. Coll. (D. Or. 2019). “ORS 659.860(2)–(3). As there is no allegation such a grievance was filed with PCC and this action was filed over two years after Plaintiff’s suspension, Plaintiff’s claims for discrimination and retaliation are untimely.”

— Or. Rev. Stat. § 659.860(1) — 1 case

Walter v. Bd. of Educ., 457 P.3d 288 (Or. Ct. App. 2019). “And the same provisions for chal- lenging unlawful discrimination in education are avail- able to all Oregonians—Native American tribal members, Native American nontribal members, and non-Native Americans, see ORS 659.860, and are not foreclosed by OAR 581-021-0047.”

— Or. Rev. Stat. § 659.860(2) — 1 case

— Or. Rev. Stat. § 659.860(3) — 2 cases

Barrios v. Beaverton Sch. Dist. (D. Or. 2025). “” Or. Rev. Stat. § 659.860 (1) and (3). Oregon Administrative Rule 581-022-2370 sets out the requirements for school district complaint procedures including the requirement that “[e]ach school district must establish a process for the prompt resolution of a complaint by” a…”

Barrios v. Beaverton Sch. Dist. (D. Or. 2025). “” Or. Rev. Stat. § 659.860 (1) and (3). See also Camarata v.”

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