659A.233
Discrimination for reporting certain violations or testifying at unemployment
compensation hearing prohibited.
It is an unlawful employment practice for an employer to discharge, demote,
suspend or in any manner discriminate or retaliate against an employee with
regard to promotion, compensation or other terms, conditions or privileges of
employment for the reason that the employee has in good faith reported possible
violations of ORS chapter 441 or of ORS 443.400 to 443.455 or has testified in
good faith at an unemployment compensation hearing or other hearing conducted
pursuant to ORS chapter 657. [Formerly 659.035]
(Legislative Testimony)
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 2003–2024 · leading case:
Hall v. State, 366 P.3d 345 (Or. Ct. App. 2015).
Hall v. State, 366 P.3d 345 (Or. Ct. App. 2015).
· cites it 6× “230, good faith relates to what the employee knew at the time of the report, not to what might be shown later to be reasonable with the benefit of hindsight.”
Love v. Polk Cnty. Fire Dist., 149 P.3d 199 (Or. Ct. App. 2006).
· cites it 2× “035 (now ORS 659A.233) is inapposite in determining whether a good faith belief, even if objectively unreasonable, is sufficient to sustain the present common-law “whistleblower”-based wrongful discharge claim.”
Elk Creek Mgmt. Co. v. Gilbert, 303 P.3d 929 (Or. 2013).
“230(1) (same for reporting crimes); ORS 659A.233 (same for reporting violations of certain state statutes); ORS 659A.”
Neff v. Jackson Cnty., 67 P.3d 977 (Or. Ct. App. 2003).
“1 In 2001, as part of a comprehensive overhaul of ORS chapter 659, the legislature created a new chapter 659A, and those statutes were renumbered as ORS 659A.233 and ORS 659A.230, respectively.”
Reddy v. Cascade Gen., Inc., 206 P.3d 1070 (Or. Ct. App. 2009).
“035 (1985), renumbered as ORS 659A.233 (2001), a nursing home employee allegedly discharged for insisting that the employer comply with Oregon laws could recover under a common-law wrongful discharge claim.”
Cuddigan-Placito v. SAIF, 560 P.3d 715 (Or. Ct. App. 2024).
“199 and ORS 659A.233 with the objective reasonableness standard in ORS 659A.”
Cuddigan-Placito v. SAIF, 335 Or. App. 663 (Or. Ct. App. 2024).
“199 and ORS 659A.233 with the objective reasonableness standard in ORS 659A.”
Or. Rev. Stat. § 659A.233(1): 1 case
Love v. Polk Cnty. Fire Dist., 149 P.3d 199 (Or. Ct. App. 2006).
“035 (now ORS 659A.233) is inapposite in determining whether a good faith belief, even if objectively unreasonable, is sufficient to sustain the present common-law “whistleblower”-based wrongful discharge claim.”
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treatment. Dots show Syfertize treatment of the citing case itself.