OAR 839-005-0014: Successors in Interest for Employment Discrimination

An employer's liability for unlawful discrimination under ORS 659A.030 and OAR 839-005-0010 to 839-005-0045 extends to a successor employer. Determining whether a respondent is a successor employer involves a nine-part test. Not every element of the test need be present to find an employer to be a successor; the facts must be considered together to reach a determination: (1) Whether respondent had notice of the charge at the time of acquiring or taking over the business; (2) The ability of the predecessor to provide relief; (3) Whether there has been a substantial continuity of business operations; (4) Whether the respondent uses the same plant as the predecessor; (5) Whether respondent uses the same or substantially the same work force as the predecessor; (6) Whether respondent uses the same or substantially the same supervisory personnel as the predecessor; (7) Whether under respondent the same jobs exist under substantially the same working conditions as under the predecessor; (8) Whether respondent uses the same machinery, equipment and methods of production as the predecessor; (9) Whether respondent produces the same product as the predecessor.