OAR 839-005-0125: Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices

(1) This rule interprets ORS 659A.030(1)(f). (2) A person will be found to have unlawfully retaliated against any other person if: (a) That other person has engaged in protected activity by: (A) Explicitly or implicitly opposing an unlawful practice or what that other person reasonably believed to be an unlawful practice, or (B) Filing a charge, testifying, or assisting in an investigation, proceeding, or lawsuit under ORS Chapter 659A, or attempting to do so; (b) The person has subjected that other person to any adverse treatment, in or out of the workplace, that is reasonably likely to deter protected activity, regardless of whether it materially affects the terms, conditions, or privileges of employment; and (c) There is a causal connection between the protected activity and the adverse treatment. (3) “Person” for purposes ORS Chapter 659A and these rules is defined at 659A.001(9) and OAR 839-005-0003(12).