659A.290
Prohibited conduct by employer; records confidential. (1) As used in this section:
(a) “Reasonable
safety accommodation” may include, but is not limited to, a transfer,
reassignment, modified schedule, use of available paid leave from employment,
unpaid leave from employment, changed work telephone number, changed work
station, installed lock, implemented safety procedure or any other adjustment
to a job structure, workplace facility or work requirement in response to
actual or threatened domestic violence, harassment, sexual assault or stalking.
(b) “Victim of
bias” has the meaning given that term in ORS 659A.270.
(c) “Victim of
domestic violence” has the meaning given that term in ORS 659A.270.
(d) “Victim of
harassment” has the meaning given that term in ORS 659A.270.
(e) “Victim of
sexual assault” has the meaning given that term in ORS 659A.270.
(f) “Victim of
stalking” has the meaning given that term in ORS 659A.270.
(2) It is an
unlawful employment practice for an employer to:
(a) Refuse to
hire an otherwise qualified individual because the individual is a victim of
domestic violence, harassment, sexual assault, bias or stalking.
(b) Discharge,
threaten to discharge, demote, suspend or in any manner discriminate or
retaliate against an individual with regard to promotion, compensation or other
terms, conditions or privileges of employment because the individual is a
victim of domestic violence, harassment, sexual assault, bias or stalking.
(c) Refuse to
make a reasonable safety accommodation requested by an individual who is a
victim of domestic violence, harassment, sexual assault, bias or stalking,
unless the employer can demonstrate that the accommodation would impose an
undue hardship on the operation of the business of the employer, as determined
under ORS 659A.121.
(3)(a) Prior to
making a reasonable safety accommodation, an employer may require an individual
to provide certification that the individual is a victim of domestic violence,
harassment, sexual assault, bias or stalking.
(b) An individual
must provide a certification required under paragraph (a) of this subsection
within a reasonable time after receiving the employer’s request for
certification.
(c) Any of the
following constitutes sufficient certification:
(A) A copy of a
police report indicating that the individual was or is a victim of domestic
violence, harassment, sexual assault, bias or stalking.
(B) A copy of a
protective order or other evidence from a court, administrative agency or
attorney that the individual appeared in or is preparing for a civil, criminal
or administrative proceeding related to domestic violence, harassment, sexual
assault, bias or stalking.
(C) Documentation
from an attorney, law enforcement officer, health care professional, licensed
mental health professional or counselor, member of the clergy, employee of the
Department of Justice division providing victim and survivor services or victim
services provider that the individual was or is undergoing treatment or
counseling, obtaining services or relocating as a result of domestic violence,
harassment, sexual assault, bias or stalking.
(d) All records
and information kept by an employer regarding a reasonable safety accommodation
made for an individual are confidential and may not be released without the
express permission of the individual, unless otherwise required by law. [2009
c.478 §2; 2011 c.687 §4; 2013 c.613 §3; 2023 c.549 §15]
MISCELLANEOUS UNLAWFUL
EMPLOYMENT DISCRIMINATION
(Prohibited Testing)
Notes of Decisions
Marshall v. Pollin Hotels II, LLC, 170 F. Supp. 3d 1290 (D. Or. 2016).
· cites it 8× “Legal Standard Oregon Revised Statutes section 659A.290(2)(b) prohibits discharging an employee because the employee is a victim of domestic violence, harassment, sexual assault, or stalking.”
Rohrer v. Oswego Cove, LLC, 482 P.3d 811 (Or. Ct. App. 2021).
“Or Health & Scis Univ, 262 F Supp 3d 1079 (D Or 2017), plaintiff also assigns error to the trial court’s denial of her motion to amend her complaint to add a claim under ORS 659A.290, which, among other things, makes it an “unlawful employment practice” to “[d]ischarge * * * or…”
Elk Creek Mgmt. Co. v. Gilbert, 303 P.3d 929 (Or. 2013).
“277 (same for employee’s request for leave to deal with domestic violence issues); ORS 659A.290(2)(b) (same for employee’s status as victim of domestic violence); ORS 659A.”
Mendoza Lopez v. Weyerhaeuser Co., No. 6:22-cv-00882 (D. Or. Oct. 13, 2023).
· cites it 3× “Harassment and Retaliation Under ORS 659A.290(2) Employment status is a question of law under ORS Chapter 659A.”
Work, No. 3:25-cv-00523 (D. Or. Oct. 21, 2025).
· cites it 2× “199(1), and discrimination by retaliation because she was the victim of sexual harassment and assault in violation of ORS § 659A.290(2)(b). Defendant removed the lawsuit to federal court under 28 U.”
Polen, No. 3:25-cv-01196 (D. Or. Nov. 21, 2025).
· cites it 2× “147(1), by failing to accommodate Polen’s pregnancy; (5) Oregon Revised Statutes § 659A.290(2)(a)-(b), by discriminating against Polen because she was a victim of violence; (6) Oregon Revised Statutes § 659A.”
Or. Rev. Stat. § 659A.290(2): 1 case
Mendoza Lopez v. Weyerhaeuser Co., No. 6:22-cv-00882 (D. Or. Oct. 13, 2023).
“Harassment and Retaliation Under ORS 659A.290(2) Employment status is a question of law under ORS Chapter 659A.”
Or. Rev. Stat. § 659A.290(2)(a): 1 case
Polen, No. 3:25-cv-01196 (D. Or. Nov. 21, 2025).
“147(1), by failing to accommodate Polen’s pregnancy; (5) Oregon Revised Statutes § 659A.290(2)(a)-(b), by discriminating against Polen because she was a victim of violence; (6) Oregon Revised Statutes § 659A.”
Or. Rev. Stat. § 659A.290(2)(b): 4 cases
Marshall v. Pollin Hotels II, LLC, 170 F. Supp. 3d 1290 (D. Or. 2016).
“Legal Standard Oregon Revised Statutes section 659A.290(2)(b) prohibits discharging an employee because the employee is a victim of domestic violence, harassment, sexual assault, or stalking.”
Elk Creek Mgmt. Co. v. Gilbert, 303 P.3d 929 (Or. 2013).
“277 (same for employee’s request for leave to deal with domestic violence issues); ORS 659A.290(2)(b) (same for employee’s status as victim of domestic violence); ORS 659A.”
Work, No. 3:25-cv-00523 (D. Or. Oct. 21, 2025).
“199(1), and discrimination by retaliation because she was the victim of sexual harassment and assault in violation of ORS § 659A.290(2)(b). Defendant removed the lawsuit to federal court under 28 U.”
Mendoza Lopez v. Weyerhaeuser Co., No. 6:22-cv-00882 (D. Or. Oct. 13, 2023).
“Harassment and Retaliation Under ORS 659A.290(2) Employment status is a question of law under ORS Chapter 659A.”
Or. Rev. Stat. § 659A.290(2)(c): 3 cases
Marshall v. Pollin Hotels II, LLC, 170 F. Supp. 3d 1290 (D. Or. 2016).
“Legal Standard Oregon Revised Statutes section 659A.290(2)(b) prohibits discharging an employee because the employee is a victim of domestic violence, harassment, sexual assault, or stalking.”
Mendoza Lopez v. Weyerhaeuser Co., No. 6:22-cv-00882 (D. Or. Oct. 13, 2023).
“Harassment and Retaliation Under ORS 659A.290(2) Employment status is a question of law under ORS Chapter 659A.”
Polen, No. 3:25-cv-01196 (D. Or. Nov. 21, 2025).
“147(1), by failing to accommodate Polen’s pregnancy; (5) Oregon Revised Statutes § 659A.290(2)(a)-(b), by discriminating against Polen because she was a victim of violence; (6) Oregon Revised Statutes § 659A.”
Or. Rev. Stat. § 659A.290(b): 1 case
Marshall v. Pollin Hotels II, LLC, 170 F. Supp. 3d 1290 (D. Or. 2016).
“Legal Standard Oregon Revised Statutes section 659A.290(2)(b) prohibits discharging an employee because the employee is a victim of domestic violence, harassment, sexual assault, or stalking.”
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