ORS 430.755: Retaliation prohibited; liability for retaliation.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A facility, community program or person shall not retaliate against any person who reports in good faith suspected abuse or against the allegedly abused adult with respect to any report. (2) Any facility, community program or person that retaliates against any person because of a report of suspected abuse shall be liable in a private action to that person for actual damages and, in addition, a penalty up to $1,000, notwithstanding any other remedy provided by law. (3)(a) Any adverse action is evidence of retaliation if taken within 90 days of a report. (b) For purposes of this subsection, “adverse action” means any action taken by a facility, community program or person involved in a report against the person making the report or against the adult with respect to whom the report was made because of the report, and includes but is not limited to: (A) Discharge or transfer from the facility, except for clinical reasons; (B) Discharge from or termination of employment; (C) Demotion or reduction in remuneration for services; or (D) Restriction or prohibition of access to the facility or its residents. [1991 c.744 §8; 2003 c.443 §5]
Official history and status
History: Note: See note under 430.735.
Administrative rules citing this section
- OAR 415-012-0052: Onsite Investigations By the Office of Training, Investigations and Safety (OTIS) — implements
- OAR 419-100-0000: Purpose and Scope — implements
- OAR 419-100-0010: Definitions — implements
- OAR 419-100-0020: Training and Qualifications for Individuals Investigating Reports of Alleged Abuse — implements
- OAR 419-100-0060: Death Reporting — implements
- OAR 419-100-0070: Investigation of Alleged Abuse — implements
- OAR 419-100-0080: Abuse Investigation and Protective Services Report — implements
- OAR 419-100-0100: Disclosure of the Abuse Investigation and Protective Services Report and Related Documents — implements
- OAR 419-100-0110: Department Investigation of Alleged Abuse — implements
- OAR 419-100-0120: County Multidisciplinary Teams — implements
This rule cites
No citations extracted.
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors430.html