Oregon Statutes 659A.875 – Time limitations
(1) Except as provided in subsection (2) of this section:
Terms Used In Oregon Statutes 659A.875
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
- 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
(a) A civil action under ORS § 659A.885 alleging an unlawful employment practice other than a violation of ORS § 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS § 659A.820.
(b) A civil action under ORS § 659A.885 alleging a violation of ORS § 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced not later than five years after the occurrence of the alleged violation.
(2) A person who has filed a complaint under ORS § 659A.820 must commence a civil action under ORS § 659A.885 within 90 days after a 90-day notice is mailed to the complainant under ORS § 659A.880. This subsection does not apply to a complainant alleging an unlawful practice under ORS § 659A.145 or 659A.421 or discrimination under federal housing law.
(3) A civil action alleging a violation of ORS § 659A.145 or 659A.421 must be commenced not later than two years after the occurrence or the termination of the unlawful practice, or within two years after the breach of any settlement agreement entered into under ORS § 659A.840, whichever occurs last. The two-year period shall not include any time during which an administrative proceeding was pending with respect to the unlawful practice.
(4) A civil action under ORS § 659A.885 alleging an unlawful practice in violation of ORS § 659A.403 or 659A.406 must be commenced within one year of the occurrence of the unlawful practice.
(5) The notice of claim required under ORS § 30.275 must be given in any civil action under ORS § 659A.885 against a public body, as defined in ORS § 30.260, or any officer, employee or agent of a public body as defined in ORS § 30.260.
(6) Notwithstanding ORS § 30.275 (9):
(a) A civil action under ORS § 659A.885 against a public body, as defined in ORS § 30.260, or any officer, employee or agent of a public body as defined in ORS § 30.260, based on an unlawful employment practice other than a violation of ORS § 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced within one year after the occurrence of the unlawful employment practice unless a complaint has been timely filed under ORS § 659A.820.
(b) A civil action under ORS § 659A.885 alleging a violation of ORS § 659A.030, 659A.082, 659A.112 or 659A.370 must be commenced not later than five years after the occurrence of the alleged violation unless a complaint has been timely filed under ORS § 659A.820.
(c) A civil action under ORS § 659A.885 against a public body, as defined in ORS § 30.260, or any officer, employee or agent of a public body as defined in ORS § 30.260, alleging a violation of ORS § 243.323, 659A.030, 659A.082 or 659A.112 must be commenced not later than five years after the occurrence of the alleged violation unless a complaint has been timely filed under ORS § 659A.820.
(7) For the purpose of time limitations, a compensation practice that is unlawful under ORS § 652.220 occurs each time compensation is paid under a discriminatory compensation decision or other practice.
(8) Notwithstanding ORS § 30.275 (2)(b), notice of claim against a public body under ORS § 652.220 or 659A.355 must be given within 300 days of discovery of the alleged loss or injury. [2001 c.621 § 13; 2005 c.452 § 1; 2008 c.36 § 14; 2017 c.197 § 8; 2019 c.343 § 6; 2019 c.463 § 6a]