OAR 839-005-0138: Discrimination Based on Protected Activity: Child Support Obligations

(1) For purposes of this rule: (a) “Child” has the meaning given that term in ORS 110.303. (b) “Child support” means an obligation imposed or imposable by law to provide support, including but not limited to medical support and an unsatisfied obligation to provide support to a child under ORS chapter 25. (c) “Obligor” means an individual or the estate of a decedent: (A) Who owes or is alleged to owe a duty of support; (B) Who is alleged but has not been adjudicated to be a parent of a child; or (C) Who is liable under a support order. (d) “Order to withhold” means an order or other legal process that requires a withholder to withhold support from the income of an obligor. (e) “Withholder” means any person who disburses income and includes but is not limited to an employer, conservator, trustee or insurer of the obligor. (2) It is an unlawful employment practice for an employer to discharge, refuse to hire or in any other manner discriminate, retaliate, or take disciplinary action against an employee because of the entry or service of an order to withhold under ORS 25.378 and 25.402 or because of the obligations or additional obligations that the order imposes upon the employer. (3) An obligor may bring an action under ORS 659A.885 or may file a complaint with the Bureau of Labor and Industries in the manner provided by ORS 659A.820.