659A.221
Uniform application to all public employers; optional procedure for
disclosures; rules.
(1) The Bureau of Labor and Industries by rule shall ensure that the
requirements of ORS 659A.200 to 659A.224 are applied uniformly to all public
employers. Each public employer may adopt rules, consistent with Bureau of
Labor and Industries rules, that apply to that public employer and that also
implement ORS 659A.200 to 659A.224.
(2) A public
employer may establish by rule an optional procedure whereby an employee who
wishes to disclose information described in ORS 659A.203 (1)(b) may disclose
information first to the supervisor, or if the supervisor is involved, to the
supervisor next higher, but the employer must protect the employee against
retaliatory or disciplinary action by any supervisor for such disclosure. [Formerly
659.540]
Notes of Decisions
Lindsey v. Clatskanie People's Util. Dist., 140 F. Supp. 3d 1077 (D. Or. 2015).
· cites it 3× “In addition, ORS 659A.221(2), also part of the Whistle-blower Law, explicitly authorizes the public employer td establish rules requiring the whistleblower to report wrongdoing to immediate supervisors first, but in those circumstances, ‘the employer must protect the employee…”
Bjurstrom v. Oregon Lottery, 120 P.3d 1235 (Or. Ct. App. 2005).
· cites it 2× “In addition, ORS 659A.221(2), also part of the Whistleblower Law, explicitly authorizes the public employer to establish rules requiring the whistleblower to report wrongdoing to immediate supervisors first, but in those circumstances, “the employer must protect the employee…”
Seater v. Klamath Irrigation Dist., 560 P.3d 731 (Or. Ct. App. 2024).
“221 allows public employers to establish an optional procedure whereby an employee may disclose information first to the supervisor, “or if the supervisor is involved, to the supervisor next higher,” and provides that the employee must be protected against retal- iation by any…”
Seater v. Klamath Irrigation Dist., 336 Or. App. 195 (Or. Ct. App. 2024).
“221 allows public employers to establish an optional procedure whereby an employee may disclose information first to the supervisor, “or if the supervisor is involved, to the supervisor next higher,” and provides that the employee must be protected against retal- iation by any…”
— Or. Rev. Stat. § 659A.221(2) — 2 cases
Lindsey v. Clatskanie People's Util. Dist., 140 F. Supp. 3d 1077 (D. Or. 2015).
“In addition, ORS 659A.221(2), also part of the Whistle-blower Law, explicitly authorizes the public employer td establish rules requiring the whistleblower to report wrongdoing to immediate supervisors first, but in those circumstances, ‘the employer must protect the employee…”
Bjurstrom v. Oregon Lottery, 120 P.3d 1235 (Or. Ct. App. 2005).
“In addition, ORS 659A.221(2), also part of the Whistleblower Law, explicitly authorizes the public employer to establish rules requiring the whistleblower to report wrongdoing to immediate supervisors first, but in those circumstances, “the employer must protect the employee…”
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