Oregon Employment Law

Oregon's anti-discrimination employment statutes under Chapter 659A are among the broader state-law protections. Most of them cover employers with one or more employees; the disability rules (ORS 659A.103-659A.145) and the pregnancy accommodation law (ORS 659A.146-659A.148) apply to employers with six or more. Protected classes include race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age (18+), disability, family relationship, and expunged juvenile record. For covered employment discrimination under ORS 659A.030 or 659A.112 occurring on or after September 29, 2019, the BOLI complaint window is five calendar years. The separate civil-action window is generally five years; a BOLI notice or public-body claim requirements can change what must be done sooner. Other Chapter 659A claims may have a one-year window. Confirm the applicable provision and any notice with BOLI or an attorney.

Eligible workers may take unpaid, job-protected OFLA leave for pregnancy-related disability, sick-child care, or bereavement. Separate military-family leave rules also apply. OFLA generally does not cover a worker’s own non-pregnancy serious health condition; Paid Leave Oregon and other laws have different coverage. Employer-size, tenure, hours, and purpose-specific limits must also be met, subject to applicable exceptions.

Oregon's Paid Family and Medical Leave Insurance program provides eligible employees with up to 12 weeks (14 weeks for pregnancy-related conditions) of paid leave for family, medical, and safe leave reasons. The program covers all employers with one or more employees and is funded through employer and employee payroll contributions. Benefits began in September 2023.

Provides reasonable unpaid leave for victims of domestic violence, sexual assault, stalking, and harassment to seek legal/medical/safety services. Also covers parents/guardians of minor victims. Prohibits retaliation.

Prohibits wage differentials based on protected class for work of comparable character. Prohibits employers from screening applicants based on past compensation or seeking salary history. Permits limited bona fide factor defenses.

Tiered regional minimum wage: standard, urban (Portland metro), and non-urban counties. Indexed to CPI annually. As of July 1, 2024: Portland $15.95; standard $14.70; non-urban $13.70.

Oregon is a state-plan OSHA jurisdiction. Section 654.062 prohibits retaliation against employees for filing safety complaints, testifying, or participating in inspections.

Effective Jan. 1, 2016. Provides 1 hour of sick time per 30 hours worked, capped at 40 hours per year. Paid for employers with 10+ employees (6+ in Portland); unpaid for smaller employers. Usable for personal/family illness, preventive care, domestic violence-related needs.

Prohibits retaliation against employees who in good faith report what they reasonably believe to be a violation of state, federal, or local law, rule, or regulation. Covers both private-sector (§ 659A.199) and public-sector (§§ 659A.200-224) employees.

ORS 659A.040 protects workers from adverse treatment because they applied for, inquired about, used, or testified in workers' compensation proceedings. Disability alone is not that activity. Related reinstatement and reemployment rights have separate eligibility and employer-size conditions.

The Portland Ban the Box Ordinance prohibits employers from inquiring about an applicant's criminal history until after a conditional offer of employment has been made. It applies to all employers with 1 or more employees and was one of the early ban-the-box laws adopted by a major US city. Portland generally relies on Oregon state law for most employment discrimination protections.