Or. Admin. Code § 839-005-0125 - Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices
(1) This
rule interprets ORS 659A.030(1)(f).
(2) A person will be found to have
unlawfully retaliated against any other person if:
(a) That other person has engaged in
protected activity by:
(A) Explicitly or
implicitly opposing an unlawful practice or what that other person reasonably
believed to be an unlawful practice, or
(B) Filing a charge, testifying, or assisting
in an investigation, proceeding, or lawsuit under ORS Chapter 659A, or
attempting to do so;
(b) The person has subjected that other
person to any adverse treatment, in or out of the workplace, that is reasonably
likely to deter protected activity, regardless of whether it materially affects
the terms, conditions, or privileges of employment; and
(c) There is a causal connection between the
protected activity and the adverse treatment.
(3) "Person" for purposes ORS Chapter 659A
and these rules is defined at 659A.001(9) and OAR
839-005-0003(12).
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.001(9) & 659A.030(1)(f)
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(1) This rule interprets ORS 659A.030(1)(f).
(2) A person will be found to have unlawfully retaliated against any other person if:
(a) That other person has engaged in protected activity by:
(A) Explicitly or implicitly opposing an unlawful practice or what that other person reasonably believed to be an unlawful practice, or
(B) Filing a charge, testifying, or assisting in an investigation, proceeding, or lawsuit under ORS Chapter 659A, or attempting to do so;
(b) The person has subjected that other person to any adverse treatment , in or out of the workplace, that is reasonably likely to deter protected activity, regardless of whether it materially affects the terms, conditions, or privileges of employment; and
(c) There is a causal connection between the protected activity and the adverse treatment .
(3) "Person " for purposes ORS Chapter 659A and these rules is defined at 659A.001(9) and OAR 839-005-0003(12).
Notes
Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.001(9) & 659A.030(1)(f)