659A.200
Definitions for ORS 659A.200 to 659A.224. As used in ORS 659A.200 to 659A.224:
(1) “Disciplinary
action” includes but is not limited to any discrimination, dismissal, demotion,
transfer, reassignment, supervisory reprimand, warning of possible dismissal or
withholding of work, whether or not the action affects or will affect employee
compensation.
(2) “Employee”
means a person:
(a) Employed by
or under contract with the state or any agency of or political subdivision in
the state;
(b) Employed by
or under contract with any person authorized to act on behalf of the state, or
agency of the state or subdivision in the state, with respect to control,
management or supervision of any employee;
(c) Employed by
the public corporation created under ORS 656.751;
(d) Employed by a
contractor who performs services for the state, agency or subdivision, other
than employees of a contractor under contract to construct a public
improvement;
(e) Employed by
or under contract with any person authorized by contract to act on behalf of
the state, agency or subdivision;
(f) Employed by a
nonprofit organization; or
(g) Serving as a
member of a board of directors of a nonprofit organization who is not otherwise
considered an employee.
(3) “Information”
includes public and private records, documents and electronically stored data.
(4) “Knowledge”
means actual knowledge.
(5) “Nonprofit
organization” or “nonprofit” means an organization or group of organizations
that:
(a) Receives
public funds by way of grant or contract; and
(b) Is exempt
from income tax under section 501(c)(3) of the Internal Revenue Code.
(6) “Public
employer” means:
(a) The state or
any agency of or political subdivision in the state;
(b) Any person
authorized to act on behalf of the state, or any agency of or political
subdivision in the state, with respect to control, management or supervision of
any employee; or
(c) An employer
who employs an employee described in subsection (2)(a) to (e) of this section.
(7) “School”
means a common school district, a union high school district, an education
service district, a public charter school, a private school providing
instruction to any grade from kindergarten through grade 12 or a community
college district.
(8) “School
services” means any of the following services:
(a) Custodial or
janitorial services;
(b) Nutrition
services;
(c)
Transportation services; or
(d) Any other
education services that are customarily performed by school employees.
(9) “School
services employee” means a person employed by a school services employer to
provide school services to a school.
(10) “School
services employer” means a private employer that enters into a contract with a
school to provide school services to the school. [Formerly 659.505; 2014 c.78 §2;
2015 c.3 §49; 2016 c.73 §3; 2020 s.s.3 c.4 §4]
Notes of Decisions
Janell Howard v. City of Coos Bay, 871 F.3d 1032 (9th Cir. 2017).
· cites it 2× “230, a closely related provision of the Act, Or. Rev. Stat. § 659A.200, provides a number of definitions of “employee.”
Dinicola v. State, 382 P.3d 547 (Or. Ct. App. 2016).
· cites it 13× “” On its face, the definition of “employee” under ORS 659A.200 is distinctly different from the definition of “employee” under the FLSA.”
Harper v. Mt. Hood Cmty. Coll., 388 P.3d 1170 (Or. Ct. App. 2016).
· cites it 3× “ORS 659A.200 and ORS 659A.203 were amended in 2016, effective January 1, 2017, but, those amendments are immaterial to the issue on appeal.”
Burley v. Clackamas Cnty., 446 P.3d 564 (Or. Ct. App. 2019).
· cites it 2× “200(6) (defining "public employer" for purposes of ORS 659A.200 to 659A.224 ); ORS 659A.270(1) (identifying "covered employer[s]" for purposes of ORS 659A.”
Janet v. Marshall, 2013 NMCA 037 (N.M. Ct. App. 2013).
“]” Or. Rev. Stat. § 659A.200(3)(b) (2012). And Pennsylvania’s whistleblower statute defines a public employer as “[a] person supervising one or more employees, including the employee in question; a superior of that supervisor; or an agent of a public body.”
Walker v. Oregon Travel Info. Council, 450 P.3d 19 (Or. Ct. App. 2019).
“206, except as provided in ORS 659A.200 to 659A.224, it is an unlawful employment practice for any public or nonprofit employer to: “* * * * * “(b) Prohibit any employee from disclosing, or take or threaten to take disciplinary action against an employee for the disclosure of…”
Reyna v. City of Portland (D. Or. 2025).
· cites it 10× “The City asks the court to narrowly interpret the term “discrimination” as used in ORS § 659A.200(1), based on the ordinary meaning of the term being defined, “disciplinary action.”
Sornson v. Oregon Comm'n on Child., 887 F. Supp. 2d 1111 (D. Or. 2012).
· cites it 5× “ORS 659A.200 defines the term “employee” as meaning: [A] person employed by or under contract with .”
JaNet v. Marshall, 2013 NMCA 37 (N.M. Ct. App. 2012).
“]” Or. Rev. Stat. § 659A.200(3)(b) (2012). And Pennsylvania’s whistleblower statute defines a public employer as “[a] person supervising one or more employees, including the employee in question; a superior of that supervisor; or an agent of a public body.”
McClusky v. City of North Bend (Or. Ct. App. 2024).
“On appeal, plaintiff argues that the definition of “public employer,” ORS 659A.200(6), does not limit the report in ORS 659A.”
— Or. Rev. Stat. § 659A.200(1) — 2 cases
Reyna v. City of Portland (D. Or. 2025).
“The City asks the court to narrowly interpret the term “discrimination” as used in ORS § 659A.200(1), based on the ordinary meaning of the term being defined, “disciplinary action.”
— Or. Rev. Stat. § 659A.200(2) — 1 case
Dinicola v. State, 382 P.3d 547 (Or. Ct. App. 2016).
“” On its face, the definition of “employee” under ORS 659A.200 is distinctly different from the definition of “employee” under the FLSA.”
— Or. Rev. Stat. § 659A.200(2)(a) — 3 cases
Harper v. Mt. Hood Cmty. Coll., 388 P.3d 1170 (Or. Ct. App. 2016).
“ORS 659A.200 and ORS 659A.203 were amended in 2016, effective January 1, 2017, but, those amendments are immaterial to the issue on appeal.”
Dinicola v. State, 382 P.3d 547 (Or. Ct. App. 2016).
“” On its face, the definition of “employee” under ORS 659A.200 is distinctly different from the definition of “employee” under the FLSA.”
Sornson v. Oregon Comm'n on Child., 887 F. Supp. 2d 1111 (D. Or. 2012).
“ORS 659A.200 defines the term “employee” as meaning: [A] person employed by or under contract with .”
— Or. Rev. Stat. § 659A.200(3) — 1 case
Dinicola v. State, 382 P.3d 547 (Or. Ct. App. 2016).
“” On its face, the definition of “employee” under ORS 659A.200 is distinctly different from the definition of “employee” under the FLSA.”
— Or. Rev. Stat. § 659A.200(3)(a) — 1 case
Sornson v. Oregon Comm'n on Child., 887 F. Supp. 2d 1111 (D. Or. 2012).
“ORS 659A.200 defines the term “employee” as meaning: [A] person employed by or under contract with .”
— Or. Rev. Stat. § 659A.200(3)(b) — 2 cases
Janet v. Marshall, 2013 NMCA 037 (N.M. Ct. App. 2013).
“]” Or. Rev. Stat. § 659A.200(3)(b) (2012). And Pennsylvania’s whistleblower statute defines a public employer as “[a] person supervising one or more employees, including the employee in question; a superior of that supervisor; or an agent of a public body.”
JaNet v. Marshall, 2013 NMCA 37 (N.M. Ct. App. 2012).
“]” Or. Rev. Stat. § 659A.200(3)(b) (2012). And Pennsylvania’s whistleblower statute defines a public employer as “[a] person supervising one or more employees, including the employee in question; a superior of that supervisor; or an agent of a public body.”
— Or. Rev. Stat. § 659A.200(6) — 3 cases
Burley v. Clackamas Cnty., 446 P.3d 564 (Or. Ct. App. 2019).
“200(6) (defining "public employer" for purposes of ORS 659A.200 to 659A.224 ); ORS 659A.270(1) (identifying "covered employer[s]" for purposes of ORS 659A.”
Harper v. Mt. Hood Cmty. Coll., 388 P.3d 1170 (Or. Ct. App. 2016).
“ORS 659A.200 and ORS 659A.203 were amended in 2016, effective January 1, 2017, but, those amendments are immaterial to the issue on appeal.”
McClusky v. City of North Bend (Or. Ct. App. 2024).
“On appeal, plaintiff argues that the definition of “public employer,” ORS 659A.200(6), does not limit the report in ORS 659A.”
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