OAR 839-005-0160: Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices

(1) ORS 659A.290 provides that it is an unlawful practice for an employer, because an individual is a victim of domestic violence, harassment, sexual assault or stalking to: (a) Refuse to hire an otherwise qualified individual; (b) Discharge, threaten to discharge, demote, suspend or in any way discriminate or retaliate against an individual with respect to promotion, compensation or any other terms, conditions or privileges of employment; or to (c) Refuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, harassment, sexual assault or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer as determined by ORS 659A.121. (2) The Civil Rights Division of the Bureau of Labor and Industries enforces ORS 659A.290 and OAR 839-005-0160 to 839-005-0170, which implement ORS 659A.290. (3) "Victim of domestic violence" means an individual who has been threatened with abuse or who is a victim of abuse as defined in ORS 107.705. (4) “Victim of harassment” means an individual against whom harassment has been committed as described in Oregon’s criminal code at ORS 166.065. (5) "Victim of sexual assault" means an individual against whom a sexual offense has been threatened or committed as described in ORS 163.305 to 163.467 or 163.525. (6) "Victim of stalking" means: (a) An individual against whom stalking has been threatened or committed as described in ORS 163.732; or (b) An individual who has obtained a temporary or permanent court’s stalking protective order under ORS 30.866. (7) In no event will an alleged perpetrator of domestic violence, harassment, sexual assault or stalking be considered a victim for the purposes of ORS 659A.290 or rules implementing ORS 659A.290.