OAR 437-001-0295: Discrimination Complaint

(1) An employee or prospective employee may file a complaint as provided in ORS 654.062(5) if the employee believes discrimination has occurred because: (a) The employee opposed a practice forbidden by, or engaged in a practice provided for, in the Oregon Safe Employment Act; or (b) With no reasonable alternative and in good faith, the employee refused to perform a work task that would expose the employee to a hazardous condition that presents a real risk of death or serious physical harm and a reasonable person would agree under the circumstances all of the following conditions are met: (A) Where possible, the employee requested from the employer, and was unable to obtain, a correction of the hazardous condition; and (B) A hazardous condition that, if exposed, would have subjected the employee to imminent danger or serious physical harm; and (C) Due to the urgency of the hazardous condition, there was insufficient time or opportunity to correct the hazard through regulatory authorities, such as Oregon OSHA. (2) The discrimination complaint may be filed in any Circuit Court for the State of Oregon or with the Commissioner of the Bureau of Labor and Industries, 1800 Southwest 1st Avenue, Suite 500, Portland, Oregon 97201, within one year after the employee or prospective employee had reasonable cause to believe they have been barred or discharged from employment or otherwise discriminated against. (3) The discrimination complaint may also be dual filed with the U.S. Department of Labor, 20425 72nd Avenue South, Suite 150A, Kent, Washington 98032-2388, as stated in 29 CFR 1977.15.