Or. Admin. Code § 839-003-0025 - Filing a Complaint: Employment (other than OSEA) and Public Accommodation
(1)
Complaints under the Oregon Safe Employment Act (OSEA), which includes ORS
654.001 to
654.295,
654.412 to
654.423,
654.750 to
654.780 and
654.991, must be filed in
accordance with OAR 839-003-0031.
(2) Complaints under ORS
659A.145 or
659A.421 or the federal Fair
Housing Act (42 U.S.C.
3601 -
3614
a) must be filed in accordance with OAR 839-003-0200, or 839-003-0245
(Commissioner's Housing Complaint).
(3) Commissioner's complaints other than
commissioner's housing complaints must be filed in accordance with OAR
839-003-0100.
(4) An aggrieved person or the aggrieved
person's attorney may file a complaint alleging unlawful practices, in person
or by mail, with the division at any bureau office in the state of Oregon. The
complaint must meet the standards provided in OAR
839-003-0005(4).
(5) The filing date is the date
the division receives a complaint that meets the standards provided in OAR
839-003-0005(4).
(6) A complaint must be filed with
the division no later than one year after the alleged unlawful practice
occurred. If the alleged unlawful practice is of a continuing nature, the right
to file a complaint exists so long as the person files the complaint within one
year of the most recent date the unlawful practice occurred.
(7) An aggrieved person alleging constructive
discharge from employment must file a discrimination complaint with the
division within one year of the date the discharge occurred.
(8) The procedures for filing a complaint are
as follows:
(a) An aggrieved person or the
aggrieved person's attorney makes an inquiry to the division;
(b) The division may provide the aggrieved
person or the aggrieved person's attorney with a letter of information and/or
questionnaire to assist in determining whether there is a basis for filing a
complaint;
(c) If the division
determines the aggrieved person has a basis for filing a complaint, the
division will draft a complaint based upon the information provided by the
aggrieved person and send or give the complaint to the aggrieved person or the
aggrieved person's attorney for review. The aggrieved person or the aggrieved
person's attorney will request any necessary changes to the complaint.
(d) The aggrieved person will
verify and sign the complaint. The complaint will then be submitted to the
division.
(e) If the aggrieved
person is an unemancipated minor the complaint must be signed by the minor and
the parent or legal guardian of the minor.
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 654.062 & 659A
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Complaints under the Oregon Safe Employment Act (OSEA ), which includes ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and 654.991, must be filed in accordance with OAR 839-003-0031.
(2) Complaints under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 - 3614 a) must be filed in accordance with OAR 839-003-0200, or 839-003-0245 (Commissioner 's Housing Complaint ).
(3) Commissioner 's complaints other than commissioner 's housing complaints must be filed in accordance with OAR 839-003-0100.
(4) An aggrieved person or the aggrieved person 's attorney may file a complaint alleging unlawful practices, in person or by mail, with the division at any bureau office in the state of Oregon. The complaint must meet the standards provided in OAR 839-003-0005(4).
(5) The filing date is the date the division receives a complaint that meets the standards provided in OAR 839-003-0005(4).
(6) A complaint must be filed with the division no later than one year after the alleged unlawful practice occurred. If the alleged unlawful practice is of a continuing nature, the right to file a complaint exists so long as the person files the complaint within one year of the most recent date the unlawful practice occurred.
(7) An aggrieved person alleging constructive discharge from employment must file a discrimination complaint with the division within one year of the date the discharge occurred.
(8) The procedures for filing a complaint are as follows:
(a) An aggrieved person or the aggrieved person 's attorney makes an inquiry to the division ;
(b) The division may provide the aggrieved person or the aggrieved person 's attorney with a letter of information and/or questionnaire to assist in determining whether there is a basis for filing a complaint ;
(c) If the division determines the aggrieved person has a basis for filing a complaint , the division will draft a complaint based upon the information provided by the aggrieved person and send or give the complaint to the aggrieved person or the aggrieved person 's attorney for review. The aggrieved person or the aggrieved person 's attorney will request any necessary changes to the complaint .
(d) The aggrieved person will verify and sign the complaint . The complaint will then be submitted to the division .
(e) If the aggrieved person is an unemancipated minor the complaint must be signed by the minor and the parent or legal guardian of the minor.
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 654.062 & 659A