Or. Admin. Code § 839-003-0090

Current through Register Vol. 63, No. 11, November 1, 2024

Section 839-003-0090 - Remedy: Employment and Public Accommodation

(1) This section does not apply to housing discrimination complaints under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601- 3614a). Remedies in complaints of housing discrimination are addressed in OAR 839-003-0230.

(2) In cases of unlawful employment practices, remedy includes, but is not limited to:

(a) Employment or reemployment;

(b) Wages or other benefits lost due to the unlawful practice;

(c) Out-of-pocket expenses attributable to the unlawful practice;

(d) Compensation for emotional distress and impaired personal dignity; and

(e) Interest.

(3) Consideration of all acts alleged to comprise a hostile work environment in a complaint, including alleged acts occurring outside the one year statute of limitations for filing a complaint, is permissible for the purposes of assessing liability, so long as any act contributing to that hostile work environment takes place within the statutory period.

(4) In order to recover damages for lost wages, the aggrieved person will generally be required to mitigate damages by seeking employment.

(a) Earned income from employment may be deducted from lost wage damages.

(b) In most cases, unearned income such as unemployment or public assistance benefits will not be deducted from lost wage damages.

(5) Settlements of complaints and the awards in commissioner's Final Orders do not necessarily include all possible remedies named in sections (2) to (4) of this rule. Nothing in this rule will be construed to limit or alter the statutory powers of the commissioner to protect the rights of persons similarly situated to the aggrieved person or to order the performance of an act or a series of acts designed to eliminate the effect of any unlawful practice found.

(6) The commissioner may order the respondent to eliminate the effects of any unlawful practice found and may require respondent to:

(a) Perform a designated act or series of acts that are calculated to carry out the policy of these rules in order to eliminate the effects of an unlawful practice and to protect the rights of those affected;

(b) Take action and submit reports to the commissioner on the manner of compliance with the terms and conditions specified in the commissioner's order or agreement;

(c) Refrain from any action prohibited by the order or agreement that would jeopardize the rights of the individuals or groups named in the complaint or would frustrate the purpose and the policy of these rules and relevant statutes.

(7) When the respondent makes an offer of remedy, the division will inform the aggrieved person of the offer. If the aggrieved person does not accept an offer that the division has determined will eliminate the effects of the unlawful practice, the division may dismiss the complaint.

(8) Any settlement agreement signed by the division or order issued by the commissioner may be enforced by mandamus or injunction or by civil action to compel specific performance.

Or. Admin. Code § 839-003-0090

BL 7-1981, f. & ef. 6-25-81; BL 4-1996, f. & cert. ef. 3-12-96; BLI 11-2000, f. & cert. ef. 3-24-00; BLI 10-2002, f. & cert. ef. 5-17-02; BLI 20-2005, f. 10-20-05, cert. ef. 10-21-05; BLI 8-2006, f. 3-16-06 cert. ef. 3-20-06; BLI 36-2007 f. 12-27-07 cert. ef. 1-1-08; BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08; Administrative correction 10-21-08; BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09; BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08; BLI 13-2013, f. & cert. ef. 12-30-13; BLI 9-2015, f. & cert. ef. 6/29/2015; BLI 12-2023, minor correction filed 08/03/2023, effective 8/3/2023

Statutory/Other Authority: ORS 659A.805 & ORS 651.060

Statutes/Other Implemented: ORS 659A.800 - 659A.865