Or. Admin. Code § 839-005-0003 - Definitions: Enforcement of Laws Prohibiting Unlawful Practices
As used in enforcing ORS Chapter 659A, including housing discrimination under 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 - 3617):
(1) "Aggrieved Person" means either:
(a) A person who is, or was at any time,
eligible to file a complaint under ORS
659A.820 or who is otherwise
similarly situated; or
(b) A person
who files a complaint under ORS
659A.825.
(2) "Bureau" means the Bureau of Labor and
Industries.
(3) "Division" means
the Civil Rights Division of the Bureau of Labor and Industries.
(4) "Employee" does not include:
(a) Any individual employed by that
individual's spouse or child; or
(b) Any individual employed by that
individual's parents, unless the individual is in the domestic service of their
parent and is 26 years or older.
(5) "Employer" means any person in this state
who, directly or through an agent, engages or utilizes the personal service of
one or more employees, reserving the right to control the means by which such
service is or will be performed. Employer also includes any public body that,
directly or through an agent, engages or utilizes the personal service of one
or more employees, reserving the right to control the means by which such
service is or will be performed, including all officers, agencies, departments,
divisions, bureaus, boards and commissions of the legislative, judicial and
administrative branches of the state, all county and city governing bodies,
school districts, special districts, municipal corporations and all other
political subdivisions of the state. Employer also includes any person who is
in an employment relationship with an intern as defined in subsection (10) of
this rule.
(6) "Employment agency"
includes any person undertaking to procure employees or opportunities to work.
(8) "Gender expression" means the manner in
which an individual's gender identity is expressed, including, but not limited
to, through dress, appearance, manner, or speech, whether or not that
expression is different from that traditionally associated with the
individual's assigned sex at birth.
(9) "Gender identity" means an individual's
gender-related identity, whether or not that identity is different from that
traditionally associated with the individual's assigned sex at birth,
including, but not limited to, a gender identity that is transgender or
androgynous.
(10) "Intern" means a
person who performs work for an employer for the purpose of training if:
(a) The employer is not committed to hire the
person performing the work at the conclusion of the training period;
(b) The employer and the person performing
the work agree in writing that the person performing the work is not entitled
to wages for the work performed; and
(c) The work performed:
(A) Supplements training given in an
education environment that may enhance employability of the intern;
(B) Provides experience for the benefit of
the person performing the work;
(C) Does not displace regular employees;
(D) Is performed under the close
supervision of existing staff; and
(E) Provides no immediate advantage to the
employer providing the training and may occasionally impede the operations of
the employer.
(d) An
intern is considered to be in an employment relationship with an employer for
the purposes of employee protections provided under ORS
659A.030,
659A.082,
659A.109,
659A.112,
659A.136,
659A.142,
659A.199,
659A.230,
659A.233,
659A.236,
659A.290,
659A.300,
659A.303,
659A.306, and
659A.315.
(e) "Intern" includes any person meeting the
description set forth in this rule regardless of the title of the person's
position or whether they are currently enrolled in an education or training
program.
(11) "Labor
organization" includes any organization that is constituted for the purpose, in
whole or in part, of collective bargaining or in dealing with employers
concerning grievances, terms or conditions of employment or of other mutual aid
or protection in connection with employees.
(12) "Person" includes one or more
individuals, partnerships, associations, labor organizations, limited liability
companies, joint-stock companies, corporations, legal representatives,
trustees, and trustees in bankruptcy or receivers. "Person" also includes a
public body as defined in ORS
30.260. For the purposes of
659A.145 or 659A.421 or the federal Fair Housing Act (42
U.S.C. 3601 -
3617),
"person" also includes fiduciaries, mutual companies, trusts and unincorporated
organizations.
(13) "Protected
class" means a group of people protected by law from discrimination on the
basis of a shared characteristic, such as race, sex, sexual orientation,
disability, or other, or a perception of that characteristic.
(14) "Respondent" includes any person against
whom a complaint or charge of unlawful practices is filed with the division or
whose name has been added to such complaint or charge pursuant to ORS
659A.835(1).
(15) "Sex" means the anatomical,
physiological and genetic characteristics associated with being male or
female.
(16) "Sexual orientation"
means an individual's actual or perceived heterosexuality, homosexuality,
bisexuality, or gender identity, regardless of whether the individual's gender
identity, appearance, expression or behavior differs from that traditionally
associated with the individual's assigned sex at birth.
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.001 & 659A.350
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