Age discrimination - Oregon

Summary of differences between federal and state regulations

Employer defined

“Employer” means any person in this state who, directly or through an agent, engages or utilizes the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed.

“Employer” also includes any public body that, directly or through an agent, engages or utilizes the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed, including all officers, agencies, departments, divisions, bureaus, boards and commissions of the legislative, judicial and administrative branches of the state, all county and city governing bodies, school districts, special districts, municipal corporations and all other political subdivisions of the state.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Age Discrimination in Employment Act. For example, the state law includes an exemption for a bona fide occupational qualification, as well as an exemption for a seniority or merit system. However, Oregon law applies to anyone 18 years of age or older, while the federal protections apply to persons 40 years of age or older.

Posting

A covered employer must post a notice of the requirements of ORS 659A.150 to 659A.186 in every establishment in which employees are employed.

State

Contact

Oregon Department of Labor Civil Rights Division

Regulations

Oregon Revised Statutes, Chapter 659 — Miscellaneous Prohibitions Relating to Employment and Discrimination
www.oregonlegislature.gov/bills_laws/ors/ors659.html

Oregon Revised Statutes, Chapter 659A, Unlawful Discrimination in Employment
www.oregonlegislature.gov/bills_laws/ors/ors659a.html

Oregon Administrative Rules, Title 839, Division 5, Discrimination
arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_005.html

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1625, Age Discrimination in Employment Act

29 CFR 1626, Procedures — Age Discrimination in Employment Act

29 CFR 1627, Records to be Made or Kept Relating to Age: Notices to be Posted: Administrative Exemptions