Or. Admin. Code § 839-004-0003

Current through Register Vol. 63, No. 10, October 1, 2024

Section 839-004-0003 - Definitions: Discrimination for Opposition to Practices Prohibited by Oregon Safe Employment Act (OSEA)

As used in these rules and ORS 654.062:

(1) "Discriminate" or "discrimination" means to take an adverse action motivated by an employee or prospective employee's conduct described in OAR 839-004-0016, including but not limited to:

(a) Barring, discharging or constructively discharging an employee or prospective employee from employment;

(b) Treating an employee or prospective employee worse than others in compensation, terms, conditions or privileges of employment;

(c) Demoting, disciplining, failing to promote, reducing pay, furloughing, reducing force, or otherwise taking action that adversely affects the terms, conditions or privileges of employment of an employee or prospective employee;

(d) Retaliating against or harassing an employee or prospective employee; or

(e) Actions described in (a)-(d) of this section taken against employees or prospective employees by any person, whether or not the person is the individual's employer or prospective employer, including but not limited to, labor organizations and employment agencies.

(2) "Employee" has the meaning given that term in ORS 654.005

(3) "Employer" has the meaning given that term in ORS 654.005.

(4) The "Oregon Safe Employment Act" or "OSEA" has the meaning given that term in ORS 654.001.

(4) "Person" has the meaning given that term in ORS 654.005.

(5) "Place of employment" has the meaning given that term in ORS 654.005.

Or. Admin. Code § 839-004-0003

BLI 14-2000, f. & cert. ef. 8-11-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 10-2015, f. & cert. ef. 7/30/2015; BLI 8-2021, temporary amend filed 07/19/2021, effective 07/19/2021 through 01/14/2022; BLI 2-2022, amend filed 03/21/2022, effective 4/1/2022; BLI 3-2024, amend filed 01/04/2024, effective 1/4/2024

Statutory/Other Authority: ORS 651.060 & ORS 659A.805

Statutes/Other Implemented: ORS 654.062 & ORS 654.005