Oregon Statutes 659A.203 – Prohibited conduct by public or nonprofit employer; prohibited conduct by school services employer during public health emergency; remedies
(1) Subject to ORS § 659A.206, except as provided in ORS § 659A.200 to 659A.224, it is an unlawful employment practice for any public or nonprofit employer to:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 659A.203
- Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
- Arrest: Taking physical custody of a person by lawful authority.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
- Unlawful employment practice: includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. See Oregon Statutes 659A.001
(a) Prohibit any employee from discussing, either specifically or generally with any member of the Legislative Assembly, legislative committee staff acting under the direction of a member of the Legislative Assembly, any member of the elected governing body of a political subdivision in the state or any elected auditor of a city, county or metropolitan service district, the activities of:
(A) The state or any agency of or political subdivision in the state; or
(B) Any person authorized to act on behalf of the state or any agency of or political subdivision in the state.
(b) Prohibit any employee from disclosing, or take or threaten to take disciplinary action against an employee for the disclosure of any information that the employee reasonably believes is evidence of:
(A) A violation of any federal, state or local law, rule or regulation by the public or nonprofit employer;
(B) Mismanagement, gross waste of funds or abuse of authority or substantial and specific danger to public health and safety resulting from action of the public or nonprofit employer; or
(C) Subject to ORS § 659A.212 (2), the fact that a person receiving services, benefits or assistance from the state or agency or subdivision, is subject to a felony or misdemeanor warrant for arrest issued by this state, any other state, the federal government, or any territory, commonwealth or governmental instrumentality of the United States.
(c) Require any employee to give notice prior to making any disclosure or engaging in discussion described in this section, except as allowed in ORS § 659A.206 (1).
(d) Discourage, restrain, dissuade, coerce, prevent or otherwise interfere with disclosure or discussions described in this section.
(2) A public or nonprofit employer may not invoke or impose any disciplinary action against an employee for employee activity described in subsection (1) of this section or ORS § 659A.212.
(3) It is an unlawful employment practice for any school services employer to invoke or impose any disciplinary action against a school services employee for reporting or filing a complaint alleging a violation of any law, regulation or standard pertaining to the COVID-19 pandemic.
(4) The remedies provided by this section are in addition to any remedy provided to an employee under ORS § 659A.199 or other remedy that may be available to an employee for the conduct alleged as a violation of this section.
(5) A violation of this section is a Class A misdemeanor. [Formerly 659.510; 2010 c.24 § 1; 2016 c.73 § 4; 2020 s.s.3 c.4 § 5]