OAR 839-006-0117: Injured Workers: Prohibited Discrimination

(1) Pursuant to ORS 659A.040, unlawful employment practices include: (a) Refusal to hire or promote, to bar or discharge from employment or to discriminate in compensation, terms, conditions or privileges of employment because a person applies for benefits under or in other ways invokes or uses Oregon Worker’s Compensation system as provided for in ORS Chapter 656. (b) Discriminating against a person who has testified, is about to give testimony, or who is perceived as having testified in connection with Oregon Worker’s Compensation procedures or civil procedures pursuant to ORS 659A.040, 659A.043 and 659A.046. (2) Pursuant to ORS 659A.030(1)(g), it is an unlawful employment practice for a person, whether an employer or employee, to aid, abet, incite, compel or coerce an individual to do any of the acts forbidden by ORS 659A.040 to 659A.052, or attempt to do so. (3) When disciplining workers for excessive absenteeism, an employer cannot count the time an injured worker is off the job because of a compensable injury when calculating the injured worker’s absenteeism rate, as long as the time off the job is covered by time loss compensation or are absences medically certifiable by the attending physician in connection with the compensable injury. (4) A person claiming a violation under Oregon’s injured worker statutes may file a complaint with the Civil Rights Division as provided in OAR 839-003-0025.