659A.880
Notice informing complainant of right to file civil action. (1) If a complaint is filed under
ORS 659A.820 alleging an unlawful practice, the Commissioner of the Bureau of
Labor and Industries shall issue a notice to the complainant upon the
occurrence of either of the following unless the matter has been resolved by
the execution of a settlement agreement:
(a) The
commissioner dismisses the complaint within one year after the filing of the
complaint, and the dismissal is for any reason other than the fact that a civil
action has been filed by the complainant.
(b) The one-year
anniversary of the filing of the complaint.
(2) A notice
under this section must be in writing and must notify the complainant that a
civil action against the respondent under ORS 659A.885 may be filed within the
applicable time period established under subsection (3) of this section and
that any right to bring a civil action against the respondent under ORS
659A.885 will be lost if the action is not commenced within the established
time period.
(3) When a notice
is issued to a complainant under this section, a civil action under ORS
659A.885 must be filed as follows:
(a) If the
commissioner has conducted an investigation and made a finding of substantial
evidence of a violation, or has not conducted an investigation:
(A) Within 90
days after the date of issuance, if 90 days or less remain on the applicable
statute of limitations under ORS 659A.875 at the time of issuance; or
(B) Before the
limitations period expires, if more than 90 days remain on the applicable
statute of limitations under ORS 659A.875 at the time of issuance.
(b) If the
commissioner has conducted an investigation and made a finding of no
substantial evidence of a violation:
(A) Within one
year after the date of issuance, if more than one year remains on the
applicable statute of limitations under ORS 659A.875 at the time of issuance;
(B) Before the
limitation period expires, if at least 90 days but not more than one year
remain on the applicable statute of limitations under ORS 659A.875 at the time
issuance; or
(C) Within 90
days after the date of issuance, if less than 90 days remain on the applicable
statute of limitations under ORS 659A.875 at the time of issuance.
(4) This section
does not apply to a complainant alleging an unlawful practice under ORS
659A.145, 659A.403, 659A.406 or 659A.421 or discrimination under federal
housing law. [2001 c.621 §14; 2008 c.36 §15; 2025 c.379 §3]
Note: See note under 659A.830.
Notes of Decisions
Daniel v. Oregon Health & Sciences Univ., 262 F. Supp. 3d 1079 (D. Or. 2017).
“885 [Civil Action] within 90 days after a 90-day notice is mailed to the complainant under ORS 659A.880 [Ninety-day notice] .... ⅜ ⅜ ⅜ (6) Notwithstanding ORS 30.”
Vergara v. Patel, 471 P.3d 141 (Or. Ct. App. 2020).
“That record indicates that BOLI dismissed plaintiff’s complaint and, pur- suant to ORS 659A.880, gave her 90-day notice of her right to file this action in state court.”
Clink v. Oregon Health & Sci. Univ., 9 F. Supp. 3d 1162 (D. Or. 2014).
“Clink had the right to file a suit based on the allegations in his complaint and that “[p]ursuant to ORS 659A.880 this action must be commenced within 90 calendar days from the above mailing date.”
Perez v. Legacy Health (D. Or. 2025).
· cites it 3× “Although this case has been closed, pursuant to ORS 659A.880, you, the Complainant, may file a civil action against the Respondent under ORS 659A.”
Raul Garcia v. Union Pac. R.R. Co. (9th Cir. 2018).
“3 See Or. Rev. Stat. § 659A.880(1)–(3). BOLI had notified Garcia that it took the filing date of his discrimination charge to be October 9, 2014, and that one year thereafter it would close the case and issue a right-to-sue notice.”
Riser v. St. Charles Health Sys., Inc. (D. Or. 2024).
“885 within 90 days after a 90-day notice is mailed to the complainant under ORS 659A.880.” ORS 659A.875(2).1 The BOLI right-to-sue letters state: “Any right to bring a civil action against the Respondent under ORS 659A.”
Miller v. St. Charles Health Sys., Inc. (D. Or. 2024).
“Although this case has been closed, pursuant to ORS 659A.880, you, the Complainant, may file a civil action against the Respondent under ORS 659A.”
Bowerman v. St. Charles Health Sys., Inc. (D. Or. 2024).
“Although this case has been closed, pursuant to ORS 659A.880, you, the Complainant, may file a civil action against the Respondent under ORS 659A.”
Denton v. Shriners Hosp. for Child. (D. Or. 2024).
“885 within 90 days after a 90-day notice is mailed to the complainant under ORS 659A.880. This subsection does not apply to a complainant alleging an unlawful practice under ORS 659A.”
South v. Legacy Health (D. Or. 2025).
“And this reading of the statute is the only interpretation compatible with ORS 659A.880(3), which Daniel did not address and which states that “any right to bring a civil action against the respondent .”
Routsalainen v. Legacy Health (D. Or. 2025).
“885 within 90 days after a 90-day notice is mailed to the complainant under ORS 659A.880.” ORS 659A.875(2). The letter that Ms.”
— Or. Rev. Stat. § 659A.880(1) — 1 case
Raul Garcia v. Union Pac. R.R. Co. (9th Cir. 2018).
“3 See Or. Rev. Stat. § 659A.880(1)–(3). BOLI had notified Garcia that it took the filing date of his discrimination charge to be October 9, 2014, and that one year thereafter it would close the case and issue a right-to-sue notice.”
— Or. Rev. Stat. § 659A.880(3) — 1 case
South v. Legacy Health (D. Or. 2025).
“And this reading of the statute is the only interpretation compatible with ORS 659A.880(3), which Daniel did not address and which states that “any right to bring a civil action against the respondent .”
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