OAR 839-003-0020: Civil Action: Employment and Public Accommodation

(1) Civil actions in state or federal court alleging unlawful practices under 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a are covered under OAR 839-003-0235 and not under this rule. (2) An aggrieved person alleging unlawful practices may file a civil action in state or federal court as provided in ORS 659A.870 to 659A.885. (a) An aggrieved person is not required to file a complaint of unlawful practices with the division before filing a civil action alleging the unlawful practices. (b) An aggrieved person filing a civil action alleging unlawful practices waives the right to file a complaint with the division with respect to those matters alleged in the civil action. (3) After filing a complaint with the division, an aggrieved person may file a civil action in state or federal court alleging the same matters as those alleged in the complaint. The aggrieved person should notify the division of the civil action. When the division receives notice from the aggrieved person or aggrieved person’s attorney, or court documents indicating that such a civil action has been filed, the division will dismiss the complaint. The division will notify the aggrieved person and respondent that the division has dismissed the complaint. (4)The commissioner will notify the aggrieved person in writing of the right to file a civil action as provided in ORS 659A.870 to 659A.885, when a complaint is dismissed by the division or on the one-year anniversary of the complaint filing, whichever occurs first. Except as provided in section (5) of this rule, the aggrieved person has 90 days from the notice mailing date to file a civil action. (5) A civil action under ORS 659A.885 alleging an unlawful practice in violation of ORS 659A.403 or 659A.406 (public accommodation) must be commenced within one year of the occurrence of the unlawful practice, whether or not the aggrieved person first files a complaint with the division. (6) An aggrieved person filing a complaint with the division alleging unlawful practices by a public body or any officer, employee or agent of a public body, as defined in ORS 30.260, need not file a tort claim notice with the public body. However, ORS 30.275 requires a tort claim notice be sent by the aggrieved person to the public body within 180 days of the alleged unlawful practice if: the aggrieved person files a civil action in court instead of filing a complaint with the division; or a complaint is dismissed by or withdrawn from the division, and the aggrieved person then files a civil action. The division encourages aggrieved persons filing complaints against public bodies to file a tort claim notice at the same time they file the complaint. (7) A civil action or an action for a writ of mandamus alleging breach of a settlement agreement to which the division is a party may be filed as provided by ORS 659A.840 and 659A.860 in the manner provided by ORS 659A.885(3). An aggrieved person may instead file a complaint with the commissioner to seek enforcement of a settlement agreement to which the division is a party, within one year after the act or omission alleged to be a violation of the agreement. The commissioner will process the complaint in the same manner as provided for a complaint filed under ORS 659A.820.