OAR 839-004-0021: Procedures for Complaints; Statutes of Limitation; Private Right of Action; Statutory Construction; Remedies

(1) Employees or prospective employees alleging violations of ORS 654.062(5) may file a complaint with the Bureau of Labor and Industries. (2)(a) The complaint must be filed with the Bureau within one year after the date on which the employee or prospective employee has reasonable cause to believe they have been discriminated against. The employee or prospective employee may establish the date on which the employee or prospective employee had reasonable cause to believe they have been discriminated against based on the employee's or prospective employee’s own statement or other evidence offered by the employee or prospective employee. (b) If the employer disagrees with the date the employee had reasonable cause to believe they have been discriminated against, the burden is on the employer to show that the employee had reasonable cause to believe they have been discriminated against at an earlier date. (3) Upon receipt of a complaint the Bureau will process the complaint under the procedures, policies and remedies established by ORS chapter 659A and the policies established by OSEA in the same way and to the same extent that the complaint would be processed if the complaint involved allegations of unlawful employment practices under ORS 659A.030(1)(f). (b) The employee or prospective employee may appeal the dismissal to the Oregon Occupational Safety and Health Division within 15 calendar days of issuance of the determination. (4) Provisions of OSEA are to be construed to the extent possible in a manner that is consistent with any similar provisions of the federal Occupational Safety and Health Act of 1970, 29 USC ch.15 §651-678 as amended (OSHA). (5) The Bureau may order all appropriate relief including rehiring or reinstatement to the employee’s former position with back pay.