Or. Admin. R. 839-005-0160 - Unlawful Employment Practices Against Victims of Domestic Violence, Harassment, Sexual Assault or Stalking
(1)
ORS 659A.290 provides that it is an
unlawful practice for an employer, because an individual is a victim of
domestic violence, harassment, sexual assault or stalking to:
(a) Refuse to hire an otherwise qualified
individual;
(b) Discharge,
threaten to discharge, demote, suspend or in any way discriminate or retaliate
against an individual with respect to promotion, compensation or any other
terms, conditions or privileges of employment; or to
(c) Refuse to make a reasonable safety
accommodation requested by an individual who is a victim of domestic violence,
harassment, sexual assault 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 by ORS
659A.121.
(2) The Civil Rights Division of the Bureau
of Labor and Industries enforces ORS
659A.290 and OAR
839-005-0160 to
839-005-0170, which implement
ORS 659A.290.
(3) "Victim of domestic violence" means an
individual who has been threatened with abuse or who is a victim of abuse as
defined in ORS 107.705.
(4) "Victim of harassment" means an
individual against whom harassment has been committed as described in Oregon's
criminal code at ORS 166.065.
(5) "Victim of sexual assault" means an
individual against whom a sexual offense has been threatened or committed as
described in ORS 163.305 to
163.467 or
163.525.
(6) "Victim of stalking" means:
(a) An individual against whom stalking has
been threatened or committed as described in ORS
163.732; or
(b) An individual who has obtained a
temporary or permanent court's stalking protective order under ORS
30.866.
(7) In no event will an alleged perpetrator
of domestic violence, harassment, sexual assault or stalking be considered a
victim for the purposes of ORS
659A.290 or rules implementing
ORS 659A.290.
Notes
Stat. Auth.: ORS 659A.805 & 659A.270
Stats. Implemented: ORS 659A.290
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