Oregon Statutes 659A.880 – Ninety-day notice
(1) If a complaint filed under ORS § 659A.820 alleges unlawful practices other than those unlawful practices described in ORS § 659A.403 and 659A.406, the Commissioner of the Bureau of Labor and Industries shall issue a 90-day notice to the complainant if the commissioner dismisses the complaint within one year after the filing of the complaint, and the dismissal is for any reason other than the fact that a civil action has been filed by the complainant.
Terms Used In Oregon Statutes 659A.880
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Respondent: means any person against whom a complaint or charge of an unlawful practice is filed with the commissioner or whose name has been added to such complaint or charge pursuant to ORS § 659A. See Oregon Statutes 659A.001
- 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 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
(2) If the complaint filed under ORS § 659A.820 alleges unlawful practices other than those unlawful practices described in ORS § 659A.145, 659A.403, 659A.406 and 659A.421, the commissioner shall issue a 90-day notice to the complainant on or before the one-year anniversary of the filing of the complaint unless a 90-day notice has previously been issued under subsection (1) of this section or the matter has been resolved by the execution of a settlement agreement.
(3) A 90-day notice under this section must be in writing and must notify the complainant that a civil action against the respondent under ORS § 659A.885 may be filed within 90 days after the date of mailing of the 90-day notice, and that any right to bring a civil action against the respondent under ORS § 659A.885 will be lost if the action is not commenced within 90 days after the date of the mailing of the 90-day notice.
(4) This section does not apply to a complainant alleging an unlawful practice under ORS § 659A.145 or 659A.421 or discrimination under federal housing law. [2001 c.621 § 14; 2008 c.36 § 15]