Bill Text: OR HB2035 | 2011 | Regular Session | Introduced
Bill Title: Relating to the filing of civil actions for unlawful discrimination; declaring an emergency.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2035 Detail]
Download: Oregon-2011-HB2035-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 723
House Bill 2035
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Commissioner of the Bureau
of Labor and Industries Brad Avakian)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Standardizes time limitations for filing civil actions for
unlawful discrimination.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the filing of civil actions for unlawful
discrimination; creating new provisions; amending ORS 659A.875,
659A.880 and 659A.885; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 659A.875 is amended to read:
659A.875. (1) Except as provided in { - subsection (2) - }
{ + subsections (2) and (3) + } of this section, a civil action
under ORS 659A.885 alleging an unlawful { - employment - }
practice 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.
(2) A person who has filed a complaint under ORS 659A.820 must
commence a civil action under ORS 659A.885 within { + one year
after the occurrence of the unlawful practice or within + } 90
days after a 90-day notice is mailed to the complainant under ORS
659A.880 { + , whichever is later + }. 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 - } { + is
later + }. 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) - } { + (4) + } 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) - } { + (5) + } Notwithstanding ORS 30.275 (9), 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 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.
SECTION 2. ORS 659A.880 is amended to read:
659A.880. (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 - }
{ + a + } complaint { + filed under ORS 659A.820 + } 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.
(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) + } A civil action against the respondent under ORS
659A.885 may be filed within { + one year after the occurrence
of the unlawful practice or + } 90 days after the date of mailing
of the 90-day notice, { + whichever is later; + } and
{ + (b) + } { - 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 { + one year after the occurrence
of the unlawful practice or + } 90 days after the date of the
mailing of the 90-day notice { + , whichever is later + }.
(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.
SECTION 3. { + The amendments to ORS 659A.875 and 659A.880 by
sections 1 and 2 of this 2011 Act apply to complaints filed under
ORS 659A.820 and civil actions commenced as described in ORS
12.020 on or after the effective date of this 2011 Act. + }
SECTION 4. ORS 659A.885, as amended by section 3, chapter 102,
Oregon Laws 2010, is amended to read:
659A.885. (1) Any person claiming to be aggrieved by an
unlawful practice specified in subsection (2) of this section may
file a civil action in circuit court. In any action under this
subsection, the court may order injunctive relief and any other
equitable relief that may be appropriate, including but not
limited to reinstatement or the hiring of employees with or
without back pay. A court may order back pay in an action under
this subsection only for the two-year period immediately
preceding the filing of a complaint under ORS 659A.820 with the
Commissioner of the Bureau of Labor and Industries, or if a
complaint was not filed before the action was commenced, the
two-year period immediately preceding the filing of the action.
In any action under this subsection, the court may allow the
prevailing party costs and reasonable attorney fees at trial and
on appeal. Except as provided in subsection (3) of this section:
(a) The judge shall determine the facts in an action under this
subsection; and
(b) Upon any appeal of a judgment in an action under this
subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (3).
(2) An action may be brought under subsection (1) of this
section alleging a violation of ORS 25.337, 25.424, 171.120,
408.230, 476.574, 652.355, 653.060, 659A.030, 659A.040, 659A.043,
659A.046, 659A.063, 659A.069, 659A.082, 659A.088, 659A.103 to
659A.145, 659A.150 to 659A.186, 659A.194, 659A.199, 659A.203,
659A.218, 659A.230, 659A.233, 659A.236, 659A.250 to 659A.262,
659A.277, 659A.290, 659A.300, 659A.306, 659A.309, 659A.315,
659A.318 or 659A.421 or section 2, chapter 102, Oregon Laws 2010.
(3) In any action under subsection (1) of this section alleging
a violation of ORS 25.337, 25.424, 659A.030, 659A.040, 659A.043,
659A.046, 659A.069, 659A.082, 659A.103 to 659A.145, 659A.199,
659A.230, 659A.250 to 659A.262, 659A.290, 659A.318 or 659A.421:
(a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory damages or
$200, whichever is greater, and punitive damages;
(b) At the request of any party, the action shall be tried to a
jury;
(c) Upon appeal of any judgment finding a violation, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1); and
(d) Any attorney fee agreement shall be subject to approval by
the court.
(4) In any action under subsection (1) of this section alleging
a violation of ORS 652.355 or 653.060, the court may award, in
addition to the relief authorized under subsection (1) of this
section, compensatory damages or $200, whichever is greater.
(5) In any action under subsection (1) of this section alleging
a violation of ORS 171.120, 476.574, 659A.203 or 659A.218, the
court may award, in addition to the relief authorized under
subsection (1) of this section, compensatory damages or $250,
whichever is greater.
(6) Any individual against whom any distinction, discrimination
or restriction on account of race, color, religion, sex, sexual
orientation, national origin, marital status or age, if the
individual is 18 years of age or older, has been made by any
place of public accommodation, as defined in ORS 659A.400, by any
employee or person acting on behalf of the place or by any person
aiding or abetting the place or person in violation of ORS { +
659A.403 or + } 659A.406 may bring an action against the operator
or manager of the place, the employee or person acting on behalf
of the place or the aider or abettor of the place or person.
Notwithstanding subsection (1) of this section, in an action
under this subsection:
(a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory and punitive
damages;
(b) The operator or manager of the place of public
accommodation, the employee or person acting on behalf of the
place, and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;
(c) At the request of any party, the action shall be tried to a
jury;
(d) The court shall award reasonable attorney fees to a
prevailing plaintiff;
(e) The court may award reasonable attorney fees and expert
witness fees incurred by a defendant who prevails only if the
court determines that the plaintiff had no objectively reasonable
basis for asserting a claim or no reasonable basis for appealing
an adverse decision of a trial court; and
(f) Upon any appeal of a judgment under this subsection, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1).
(7) When the commissioner or the Attorney General has
reasonable cause to believe that a person or group of persons is
engaged in a pattern or practice of resistance to the rights
protected by ORS 659A.145 or 659A.421 or federal housing law, or
that a group of persons has been denied any of the rights
protected by ORS 659A.145 or 659A.421 or federal housing law, the
commissioner or the Attorney General may file a civil action on
behalf of the aggrieved persons in the same manner as a person or
group of persons may file a civil action under this section. In a
civil action filed under this subsection, the court may assess
against the respondent, in addition to the relief authorized
under subsections (1) and (3) of this section, a civil penalty:
(a) In an amount not exceeding $50,000 for a first violation;
and
(b) In an amount not exceeding $100,000 for any subsequent
violation.
(8) In any action under subsection (1) of this section alleging
a violation of ORS 659A.145 or 659A.421 or alleging
discrimination under federal housing law, when the commissioner
is pursuing the action on behalf of an aggrieved complainant, the
court shall award reasonable attorney fees to the commissioner if
the commissioner prevails in the action. The court may award
reasonable attorney fees and expert witness fees incurred by a
defendant that prevails in the action if the court determines
that the commissioner had no objectively reasonable basis for
asserting the claim or for appealing an adverse decision of the
trial court.
(9) In an action under subsection (1) or (7) of this section
alleging a violation of ORS 659A.145 or 659A.421 or
discrimination under federal housing law:
(a) 'Aggrieved person' includes a person who believes that the
person:
(A) Has been injured by an unlawful practice or discriminatory
housing practice; or
(B) Will be injured by an unlawful practice or discriminatory
housing practice that is about to occur.
(b) An aggrieved person in regard to issues to be determined in
an action may intervene as of right in the action. The Attorney
General may intervene in the action if the Attorney General
certifies that the case is of general public importance. The
court may allow an intervenor prevailing party costs and
reasonable attorney fees at trial and on appeal.
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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