Or. Admin. R. 839-005-0014 - Successors in Interest: Employment Discrimination

An employer's liability for unlawful discrimination under ORS 659A.030 and OAR 839-005-0010 to 839-005-0045 extends to a successor employer. Determining whether a respondent is a successor employer involves a nine-part test. Not every element of the test need be present to find an employer to be a successor; the facts must be considered together to reach a determination:

(1) Whether respondent had notice of the charge at the time of acquiring or taking over the business;

(2) The ability of the predecessor to provide relief;

(3) Whether there has been a substantial continuity of business operations;

(4) Whether the respondent uses the same plant as the predecessor;

(5) Whether respondent uses the same or substantially the same work force as the predecessor;

(6) Whether respondent uses the same or substantially the same supervisory personnel as the predecessor;

(7) Whether under respondent the same jobs exist under substantially the same working conditions as under the predecessor;

(8) Whether respondent uses the same machinery, equipment and methods of production as the predecessor;

(9) Whether respondent produces the same product as the predecessor.

Notes

Or. Admin. R. 839-005-0014

BLI 10-2002, f. & cert. ef. 5-17-02; Renumbered from 839-005-0050, BLI 7-2010, f. & cert. ef. 2-24-10; BLI 11-2015, f. & cert. ef. 8/4/2015

Stat. Auth.: ORS 659A.805

Stats. Implemented: 659A