OAR 839-006-0115: Injured Workers: Covered Employees and Employers

(1) As provided in ORS 659A.040, an employer may not discriminate against employees or applicants with respect to hire or tenure or any term or condition of employment because the worker has applied for benefits or invoked or utilized the procedures provided for in ORS Chapter 656 or 659A.040 to 659A.052 or has given testimony, is about to give testimony or is perceived as having testified under the provisions of such sections. As provided in 659A.046, an employer must reemploy an injured worker who is unable to perform the duties of the worker’s former position to an available, suitable position. “Employer” for the purposes of 659A.040 and 659A.046 includes persons employing six or more employees on a full-time, part-time or seasonal basis at one of the following times: (a) At the time of the worker’s on-the-job injury; (b) At the time of the injured worker’s demand for reemployment under ORS 659A.046; or (c) At the time of the discriminatory act alleged under ORS 659A.040. (2) As provided in ORS 659A.043, an employer must reinstate an injured worker to the worker’s former position. If the former position no longer exists the employer must offer the worker a vacant, suitable position. “Employer” for the purposes of 659A.043 are those employing 21 or more workers at one of the following times: (a) At the time of the worker’s on-the-job injury; or (b) At the time of the worker’s demand for reinstatement to the worker’s former position under ORS 659A.043. (3) The “six or more persons” referred to in section (1) and the “21 or more employees” referred to in section (2) need not be employed within Oregon.