Oregon Employment Law

Oregon's anti-discrimination employment statutes under Chapter 659A are among the broadest in the nation, covering all employers with one or more employees. Protected classes include race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age (18+), disability, family relationship, and expunged juvenile record. Employees may file with BOLI within 365 days or file directly in state court within 5 years. Oregon provides extremely generous filing deadlines and robust remedies.

The Oregon Family Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for family and medical reasons. OFLA covers employers with 25 or more employees and provides broader leave protections than the federal FMLA, including coverage for domestic partners and a broader definition of family members. Employees must have worked for the employer for at least 180 days and averaged 25 or more hours per week.

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.

Prohibits employers from discriminating against employees for invoking workers' compensation rights. Provides reinstatement right for injured workers when medically able.

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.