Or. Admin. R. 839-003-0005

Current through Register Vol. 63, No. 6, June 1, 2024

Section 839-003-0005 - Definitions

For purposes of these rules:

(1) "Administrator" means the Administrator of the Civil Rights Division of the Bureau of Labor and Industries or a designee of the administrator.

(2) "Aggrieved person" means:

(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;

(b) A person who files a complaint personally or through an attorney under ORS 659A.825; or

(c) A person on whose behalf the commissioner files a complaint as provided in OAR 839-003-0100 or -0245.

(3) "Bureau" means the Bureau of Labor and Industries.

(4) "Commissioner" means the commissioner of the Bureau of Labor and Industries or a designee of the commissioner.

(5) "Complaint" means for the purposes of ORS chapter 659A, (except complaints under the Oregon Safe Employment Act (OSEA) in ORS chapter 654, housing discrimination complaints under ORS 659A.145, 659A.421 or the federal Fair Housing Act, or a commissioner's complaint under ORS 659A.825) a written, verified statement that:

(a) Gives the name and address of the aggrieved person and the respondent;

(b) Identifies the protected class basis of the complaint;

(c) Is signed by the aggrieved person;

(d) Describes the actions complained of, including:

(A) The date(s) of occurrence;

(B) What the action was and how it harmed the aggrieved person; and

(C) The causal connection between the aggrieved person's protected class and the alleged harm.

(6) "Days," unless otherwise stated in the text of a document, means calendar days.

(7) "Division" means the Civil Rights Division of the Bureau of Labor and Industries.

(8) "EEOC" means the federal Equal Employment Opportunity Commission.

(9) "Notice" means written information delivered personally or sent by mail to the person's last known personal or business address or business address of the person's designated representative.

(10) "OSEA" means the Oregon Safe Employment Act, ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and 654.991.

(11) "Protected class" means a group of people protected by law from discrimination on the basis of a shared characteristic, or a perception of that characteristic, such as race, sex, age, disability or other.

(12) "Person" has the meaning given in ORS 659A.001(9).

(13) "Respondent" includes any person or other entity 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).

(14) "Formal charges" are charges drafted and issued by the bureau's Administrative Prosecution Unit.

(15) "Substantial evidence" means:

(a) Proof that a reasonable person would accept as sufficient to support the allegations of the complaint, except complaints under ORS 659A.145 or 659A.421 or the federal Fair Housing Act ( 42 U.S.C. 3601 - 3614 a),

(b) Under ORS 659A.145 or 659A.421 or the federal Fair Housing Act ( 42 U.S.C. 3601 - 3614 a), reasonable cause for the commissioner to believe the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of an administrative action or a civil action in circuit court.

(16) "Substantial evidence determination" means the division's written findings of substantial evidence.

(17) "Written verified complaint" means a complaint that is in writing or print; and under oath or affirmation by the aggrieved person or the parent or legal guardian of an aggrieved person who is an unemancipated minor.

Or. Admin. R. 839-003-0005

BL 7-1981, f. & ef. 6-25-81; BL 7-1982, f. & ef. 4-22-82; BL 4-1996, f. & cert. ef. 3-12-96; BLI 11-2000, f. & cert. ef. 3-24-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 36-2007 f. 12-27-07 cert. ef. 1-1-08; BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08; Administrative correction 10-21-08; BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09; BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08; BLI 6-2010, f. & cert. ef. 2-24-10; BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11; BLI 5-2012(Temp), f. & cert. ef. 6-13-12 thru 12-10-12; BLI 7-2012, f. & cert. ef. 8-8-12; BLI 8-2012(Temp), f. & cert. ef. 8-8-12 thru 1-31-13; BLI 11-2012, f. & cert. ef. 10-10-12; BLI 13-2013, f. & cert. ef. 12-30-13; BLI 9-2015, f. & cert. ef. 6/29/2015

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS 659A