OAR 839-005-0036: Commissioner’s Complaint for Discrimination Based on Employment Status

(1) Pursuant to ORS 659A.550 and except as permitted under ORS Chapter 240 or any other provision of law, it is an unlawful practice for an employer or employment agency to knowingly or purposefully publish in print or on the Internet an advertisement for a job vacancy in Oregon that provides that: (a) The qualifications for a job include current employment; (b) The employer or employment agency will not consider or review an application for employment submitted by a job applicant who is currently unemployed; or (c) The employer or employment agency will only consider or review applications for employment submitted by job applicants who are currently employed. (2) For purposes of the statute and this rule “employer” includes an employer’s agent, representative or designee. (3) ORS 659A.550 does not prohibit an employer or employment agency from publishing in print or on the Internet an advertisement for a job vacancy in Oregon: (a) Setting forth qualifications for a job vacancy, including but not limited to: (i) Holding a current and valid professional or occupational license, certificate, registration, permit or other credential; or (ii) A minimum level of education or training, or professional, occupational or field experience; or (b) Stating that only applicants who are current employees of the employer will be considered for the position. (4) A complaint of a violation of ORS 659A.550 may be filed only by the Commissioner of the Bureau of Labor and Industries (commissioner), under ORS 659A.885. (5) The Civil Rights Division of the Bureau of Labor and Industries has jurisdiction to accept and investigate commissioners’ complaints of alleged violations of ORS 659A.550 and to pursue enforcement against violations. Commissioner’s complaint procedures are found at OAR 839-003-0100. (6) An employer or employment agency found by the commissioner to have violated ORS 659A.550 shall be assessed a civil penalty as provided under ORS 659A.855. (7) The commissioner may issue a cease and desist order under the provisions of ORS 659.885(3). (8) ORS 659A.550 does not create or authorize a private cause of action by an aggrieved person against an employer or employment agency that is alleged to violate or has violated ORS 659A.550.