(1) No person shall, by force, threats, or intimidation,
prevent, or endeavor to prevent, any person employed by another from
continuing or performing work, or from accepting any new work or
employment.
(2) No person shall circulate any false written or printed matter,
or be concerned in the circulation of any such matter, to induce others
not to buy from or sell to or have dealings with any person, for the
purpose or with the intent to prevent such person from employing any
person, or to force or compel such person to employ or discharge from
employment anyone, or to alter the mode of carrying on business, or to
limit or increase the number of employees or the rate of wages or time of
service. [Formerly 659.240] (1) No
corporation, company or individual shall blacklist or publish, or cause
to be blacklisted or published, any employee, mechanic or laborer
discharged by such corporation, company or individual, with intent and
for the purpose of preventing such employee, mechanic or laborer from
engaging in or securing similar or other employment from any other
corporation, company or individual.
(2) No officer or agent of any corporation or any other person
shall, in any manner, conspire or contrive by correspondence or otherwise
to prevent an employee discharged by such corporation or such person from
securing employment. [Formerly 659.230](1) No employer of labor shall
directly or through any agent, knowing and with intent to deceive, file
with any employment agency as a preliminary to securing labor, a false
written or printed statement of wages to be paid, work to be performed or
living and working conditions.
(2) The failure or refusal of such employer to employ any laborer,
to whom such written or printed statement has been delivered, is prima
facie evidence of intent to deceive. [Formerly 659.260]No person, firm, company, corporation, or
association of any kind employing labor, shall, either in person or
through any agent, manager or other legal representatives, induce,
influence, persuade or engage workers to change from one place to another
in this state or bring workers of any class or calling into this state to
work in any of the departments of labor by:
(1) Any false or deceptive representation or false advertising,
concerning the amount or character of the compensation to be paid for any
work, or as to the existence or nonexistence of a strike, lockout or
other labor troubles pending between employer or employees.
(2) Neglecting to state in the advertisement, proposal or
inducement for the employment of workers that there is a strike, lockout
or unsettled condition of labor, when such strike, lockout or unsettled
condition of labor actually exists. [Formerly 659.210] (1)
Any worker of this state, or any worker of another state, who is
influenced, induced or persuaded to engage with any persons mentioned in
ORS 659.815, through or by means of any of the things prohibited in that
statute, shall have a right of action for:
(a) Recovery of all damages sustained in consequence of the false
or deceptive representations, false advertising and false pretenses used
to induce the worker to change the worker’s place of employment against
any persons, corporations, companies, or associations, directly or
indirectly causing such damages, or $500, whichever is greater; and
(b) Such reasonable attorney fees at trial and on appeal as the
court fixes, to be taxed in any judgment recovered.
(2) In any action brought under this section, the court may allow
the prevailing party costs and reasonable attorney fees at trial and on
appeal. [Formerly 659.220](Prohibitions Related to Employee Benefits)Whenever an employer has agreed in writing with any
employee to make payments to a health and welfare, dental, pension,
vacation, apprenticeship and industry fund or any other such plan for the
benefit of the employees, or has entered into a collective bargaining
agreement providing for such payments, it shall be unlawful for such an
employer willfully or with intent to defraud to fail to make the payments
required by the terms of any such agreement. [Formerly 659.320](1) No employee benefit plan may
include any provision which has the effect of limiting or excluding
coverage or payment for any health care for an individual who would
otherwise be covered or entitled to benefits or services under the terms
of the employee benefit plan because that individual is provided, or is
eligible for, benefits or services pursuant to a plan under Title XIX of
the Social Security Act. This section applies to employee benefit plans,
whether sponsored by an employer or a labor union.
(2) A group health plan is prohibited from considering the
availability or eligibility for medical assistance in this or any other
state under 42 U.S.C. 1396a (section 1902 of the Social Security Act),
herein referred to as Medicaid, when considering eligibility for coverage
or making payments under its plan for eligible enrollees, subscribers,
policyholders or certificate holders.
(3) To the extent that payment for covered expenses has been made
under the state Medicaid program for health care items or services
furnished to an individual, in any case where a third party has a legal
liability to make payments, the state is considered to have acquired the
rights of the individual to payment by any other party for those health
care items or services.
(4) A group health plan shall not deny enrollment of a child under
the health plan of the child’s parent on the grounds that:
(a) The child was born out of wedlock;
(b) The child is not claimed as a dependent on the parent’s federal
tax return; or
(c) The child does not reside with the child’s parent or in the
group health plan service area.
(5) Where a child has health coverage through a group health plan
of a noncustodial parent, the group health plan shall:
(a) Provide such information to the custodial parent as may be
necessary for the child to obtain benefits through that coverage;
(b) Permit the custodial parent or the provider, with the custodial
parent’s approval, to submit claims for covered services without the
approval of the noncustodial parent; and
(c) Make payments on claims submitted in accordance with paragraph
(b) of this subsection directly to the custodial parent, the provider or
the state Medicaid agency.
(6) Where a parent is required by a court or administrative order
to provide health coverage for a child, and the parent is eligible for
family health coverage, the group health plan shall be required:
(a) To permit the parent to enroll, under the family coverage, a
child who is otherwise eligible for the coverage without regard to any
enrollment season restrictions;
(b) If the parent is enrolled but fails to make application to
obtain coverage for the child, to enroll the child under family coverage
upon application of the child’s other parent, the state agency
administering the Medicaid program or the state agency administering 42
U.S.C. 651 to 669, the child support enforcement program; and
(c) Not to disenroll or eliminate coverage of the child unless the
group health plan is provided satisfactory written evidence that:
(A) The court or administrative order is no longer in effect; or
(B) The child is or will be enrolled in comparable health coverage
through another insurer which will take effect not later than the
effective date of disenrollment.
(7) A group health plan may not impose requirements on a state
agency, which has been assigned the rights of an individual eligible for
medical assistance under Medicaid and covered for health benefits from
such plan, that are different from requirements applicable to an agent or
assignee of any other individual so covered.
(8)(a) In any case in which a group health plan provides coverage
for dependent children of participants or beneficiaries, the plan shall
provide benefits to dependent children placed with participants or
beneficiaries for adoption under the same terms and conditions as apply
to the natural, dependent children of the participants and beneficiaries,
regardless of whether the adoption has become final.
(b) A group health plan may not restrict coverage under the plan of
any dependent child adopted by a participant or beneficiary, or placed
with a participant or beneficiary for adoption, solely on the basis of a
preexisting condition of the child at the time that the child would
otherwise become eligible for coverage under the plan if the adoption or
placement for adoption occurs while the participant or beneficiary is
eligible for coverage under the plan.
(9) As used in this section:
(a) “Child” means, in connection with any adoption, or placement
for adoption of the child, an individual who has not attained 18 years of
age as of the date of the adoption or placement for adoption.
(b) “Group health plan” means a group health plan as defined in 29
U.S.C. 1167.
(c) “Placement for adoption” means the assumption and retention by
a person of a legal obligation for total or partial support of a child in
anticipation of the adoption of the child. The child’s placement with a
person terminates upon the termination of such legal obligations.
[Formerly 659.322] Where
a parent is required by a court or administrative order to provide health
coverage that is available through an employer doing business in this
state, the employer shall:
(1) Permit the parent to enroll under family coverage a child who
is otherwise eligible for coverage without regard to any enrollment
season restrictions.
(2) If the parent is enrolled but fails to make application to
obtain coverage of the child, enroll the child under family coverage upon
application by the child’s other parent, by the state agency
administering the Medicaid program or the state agency administering 42
U.S.C. 651 to 669, the child support enforcement program.
(3) Not disenroll or eliminate coverage of a child unless the
employer is provided satisfactory written evidence that:
(a) The court order is no longer in effect;
(b) The child is or will be enrolled in comparable coverage which
will take effect no later than the effective date of disenrollment; or
(c) The employer has eliminated family health coverage for all of
its employees.
(4) Withhold from the employee’s compensation the employee’s share,
if any, of premiums for health coverage and pay this amount to the
insurance provider. [Formerly 659.324](Testing)(1) No person, or agent or
representative of such person, shall require, as a condition for
employment or continuation of employment, any person or employee to take
a breathalyzer test, polygraph test or any other form of a so-called lie
detector test. However, nothing in this section shall be construed to
prohibit the administration of a breathalyzer test to an individual if
the individual consents to the test. If the employer has reasonable
grounds to believe that the individual is under the influence of
intoxicating liquor, the employer may require, as a condition for
employment or continuation of employment, the administration of a blood
alcohol content test by a third party or a breathalyzer test. The
employer shall not require the employee to pay the cost of administering
any such test.
(2) For the purposes of this section, an individual is “under the
influence of intoxicating liquor” when the individual’s blood alcohol
content exceeds the amount prescribed in a collective bargaining
agreement or the amount prescribed in the employer’s work rules if there
is no applicable collective bargaining provision. [Formerly 659.225](Fraudulent Acceptance of Benefits From Employer)(1) No person shall, with intent to defraud, sign for and
accept or receive transportation to or in the direction of a place of
employment provided by or at the instance or expense of the proposed
employer, or knowingly or with intent to defraud accept or receive the
benefit of any other pecuniary advancements made by or at the instance or
expense of the employer, as advances against wages for labor to be
performed, and neglect to render service or perform labor or pay in money
equal in value to such transportation or other benefits accepted or
received.
(2) The failure of any person to render service, perform labor, or
pay in money for such transportation or other benefits, shall be prima
facie evidence of intent to defraud if:
(a) At or prior to the time of advancing such transportation or
other benefits, the employer has delivered directly to such laborer or
has filed in duplicate with the employment agency through which any such
laborer is secured, one copy of which shall be delivered to such laborer,
a written or printed statement setting forth the wages to be paid, the
character of the work to be performed, and the living and working
conditions; and
(b) The wages to be paid, the character of the work to be performed
and the living and working conditions are as represented in such written
or printed statement. [Formerly 659.250]PROHIBITED DISCRIMINATION(Discrimination in Education) (1) As used
in this section, “discrimination” means any act that unreasonably
differentiates treatment, intended or unintended, or any act that is fair
in form but discriminatory in operation, either of which is based on age,
disability, national origin, race, marital status, religion or sex.
(2) No person in Oregon shall be subjected to discrimination in any
public elementary, secondary or community college education program or
service, school or interschool activity or in any higher education
program or service, school or interschool activity where the program,
service, school or activity is financed in whole or in part by moneys
appropriated by the Legislative Assembly.
(3) The State Board of Education and the State Board of Higher
Education shall establish rules necessary to insure compliance with
subsection (2) of this section in the manner required by ORS chapter 183.
[Formerly 659.150](1) Any public elementary or secondary school determined by
the Superintendent of Public Instruction or any community college
determined by the Commissioner for Community College Services to be in
noncompliance with provisions of ORS 659.850 and this section shall be
subject to appropriate sanctions, which may include withholding of all or
part of state funding, as established by rule of the State Board of
Education.
(2) Any public institution of higher education determined by the
Chancellor of the Oregon University System to be in noncompliance with
provisions of ORS 659.850 and this section shall be subject to
appropriate sanctions, which may include withholding of all or part of
state funding, as established by rule of the State Board of Higher
Education.
(3) Any public charter school determined by the sponsor of the
school or the Superintendent of Public Instruction to be in noncompliance
with the provisions of ORS 659.850 and this section shall be subject to
appropriate sanctions, which may include the withholding of all or part
of state funding by the sponsor or superintendent, as established by rule
of the State Board of Education. [Formerly 659.155] (1) Any person claiming to be
aggrieved by unlawful discrimination in higher education as prohibited by
ORS 659.850 may file a civil action in circuit court for equitable relief
or, subject to the terms and conditions of ORS 30.265 to 30.300, damages,
or both. The court may order such other relief as may be appropriate.
Damages shall be $200 or actual damages, whichever is greater.
(2) The action authorized by this section shall be filed within one
year of the filing of a grievance.
(3) No action shall be filed unless, within 180 days of the alleged
discrimination, a grievance has been filed with the community college
board of education or the State Board of Higher Education.
(4) No action may be filed until 90 days after filing a grievance
unless only injunctive relief is sought pursuant to ORCP 79. The right to
temporary or preliminary injunctive relief shall be independent of the
right to pursue any administrative remedy available to complainants
pursuant to ORS 659.850.
(5) No action may be filed if the community college board of
education or the State Board of Higher Education has obtained a
conciliation agreement with the person filing the grievance or if a final
determination of a grievance has been made except as provided in ORS
183.480.
(6) Notwithstanding the filing of a grievance, pursuant to
subsection (3) of this section, any person seeking to maintain an action
under this section shall also file a notice of claim within 180 days of
the alleged discrimination as required by ORS 30.275.
(7) The court shall award reasonable attorney fees to a prevailing
plaintiff in any action under this section. The court may award
reasonable attorney fees and expert witness fees incurred by a defendant
who prevails in the action if the court determines that the plaintiff had
no objectively reasonable basis for asserting a claim or no objectively
reasonable basis for appealing an adverse decision of a trial court.
(8) Nothing in this section is intended to reduce the obligations
of the education agencies under this section and ORS 659.850 and 659.855.
[Formerly 659.160](Discrimination Against Athletes)(1) No public or private organization or individual:
(a) Shall infringe in any manner on the right of an athlete to
compete in or train for any athletic event duly sanctioned by the
national governing body for that sport as recognized by the United States
Olympic Committee.
(b) Shall levy any form of punishment or sanction against any
athlete for participating in any athletic event duly sanctioned by the
national governing body for that sport as recognized by the United States
Olympic Committee.
(2) This section applies only to those sports under the
jurisdiction of the United States Olympic Committee and known to be
“Olympic” sports. [Formerly 659.175]Note: 659.865 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 659 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(Prohibition Against Certain Local Laws Relating to Sexual Orientation)(1) A
political subdivision of the state may not enact or enforce any charter
provision, ordinance, resolution or policy granting special rights,
privileges or treatment to any citizen or group of citizens on account of
sexual orientation, or enact or enforce any charter provision, ordinance,
resolution or policy that singles out citizens or groups of citizens on
account of sexual orientation.
(2) Any person who believes that a political subdivision has
enacted or is enforcing a charter provision, ordinance, resolution or
policy in violation of this section may bring an action in circuit court
to have the charter provision, ordinance, resolution or policy declared
invalid, for injunctive relief and for such other relief as the court may
consider appropriate. The court shall award reasonable attorney fees and
costs to a plaintiff who prevails in an action under this subsection. The
court may award reasonable attorney fees and expert witness fees incurred
by a defendant who prevails in the action if the court determines that
the plaintiff had no objectively reasonable basis for asserting a claim
or no objectively reasonable basis for appealing an adverse decision of a
trial court. [Formerly 659.165]Note: 659.870 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 659 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.PENALTIES(1) Violation of ORS 659.815 is punishable, upon
conviction, by a fine of not more than $1,000 or imprisonment in the
county jail for not more than one year, or both.
(2) Violation of ORS 659.805 by any officer or agent of a
corporation or any other person is punishable, upon conviction, by a fine
of not less than $50 nor more than $250, or by imprisonment in the county
jail not less than 30 nor more than 90 days, or both.
(3) Violation of ORS 659.800 is punishable, upon conviction, by a
fine of not less than $10 nor more than $200 or by imprisonment in the
county jail for not less than one month nor more than six months.
(4) Violation of ORS 659.810 or 659.845 is punishable, upon
conviction, by a fine of not more than $100 or imprisonment in the county
jail for not more than 60 days, or both.
(5) Any person who violates ORS 659.825, upon conviction, shall be
required to make immediate restitution of delinquent payments to the fund
or funds mentioned in ORS 659.825 and shall be punished by a fine of not
more than $1,000 or imprisonment in the county jail for not more than one
year, or both.
(6) Violation of ORS 659.840 is punishable, upon conviction, by a
fine of not more than $500 or by imprisonment in the county jail for not
more than one year, or by both. [Subsection (6) enacted as last sentence
of 1957 c.548 §1; subsection (7) enacted as 1963 c.249 §2; 1973 c.140 §2;
2001 c.621 §64]
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