Oregon Statutes 659A.550 – Discrimination because of employment status prohibited; penalties
(1) Except as permitted under ORS Chapter 240 or any other provision of law, an employer, the employer’s agent, representative or designee or an employment agency may not knowingly or purposefully publish in print or on the Internet an advertisement for a job vacancy in this state that provides that:
Terms Used In Oregon Statutes 659A.550
- Bureau: means the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- Commissioner: means the Commissioner of the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- 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
- Employment agency: includes any person undertaking to procure employees or opportunities to work. See Oregon Statutes 659A.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Unlawful practice: includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. See Oregon Statutes 659A.001
- Violate: includes failure to comply. See Oregon Statutes 174.100
(a) The qualifications for a job include current employment;
(b) The employer, the employer’s agent, representative or designee or the employment agency will not consider or review an application for employment submitted by a job applicant who is currently unemployed; or
(c) The employer, the employer’s agent, representative or designee or the employment agency will only consider or review applications for employment submitted by job applicants who are currently employed.
(2) Violation of this section is an unlawful practice.
(3) Nothing in this section shall be construed to:
(a) Prohibit an employer, the employer’s agent, representative or designee or an employment agency from publishing in print or on the Internet an advertisement for a job vacancy in this state that contains a provision:
(A) Setting forth qualifications for a job vacancy, including but not limited to:
(i) Holding a current and valid professional or occupational license, certificate, registration, permit or other credential; or
(ii) A minimum level of education or training, or professional, occupational or field experience; or
(B) Stating that only applicants who are current employees of the employer will be considered for the position.
(b) Create or authorize a private cause of action by an aggrieved person against an employer, the employer’s agent, representative or designee or an employment agency that is alleged to violate or has violated this section.
(4) An employer or employment agency that is found to have violated subsection (1) of this section by the Commissioner of the Bureau of Labor and Industries shall be assessed a civil penalty as provided under ORS § 659A.855. [2012 c.85 § 2]
ADMINISTRATIVE ACTIONS FOR UNLAWFUL DISCRIMINATION
(Enforcement Powers of Bureau of Labor and Industries)