Oregon Revised Statutes
Or. Rev. Stat. § 659A.321 (2026)
Seniority systems and benefit plans not unlawful employment practices
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659A.321 Seniority systems and benefit plans not unlawful employment practices. It is not an unlawful employment practice for an employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of this chapter. However, except as otherwise provided by law, no such employee benefit plan shall excuse the failure to hire any individual and no such seniority system or employee benefit plan shall require the involuntary retirement of any individual 18 years of age or older because of the age of such individual. [Formerly 659.028]
Notes of Decisions
Cited in 1
case, 2018–2018 · leading case: McLaughlin v. Wilson, 423 P.3d 133 (Or. Ct. App. 2018).
McLaughlin v. Wilson, 423 P.3d 133 (Or. Ct. App. 2018). “028 (1999), renumbered as ORS 659A.321 (2001), which provides that it "is not an unlawful employment practice for an employer, employment agency or labor organization to observe the terms of a bona fide seniority system" (emphasis added) ); Or.”
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