Bill Text: OR HB3482 | 2011 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to employment; and declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2011-08-02 - Chapter 687, (2011 Laws): Effective date August 2, 2011. [HB3482 Detail]

Download: Oregon-2011-HB3482-Engrossed.html

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     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 3309

                           A-Engrossed

                         House Bill 3482
                  Ordered by the House April 14
            Including House Amendments dated April 14

Sponsored by Representatives TOMEI, WHISNANT; Representative
  THOMPSON

                             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.

  Requires certain employers to allow eligible employees to take
unpaid leave to address issues arising from harassment   { - or
sexual harassment - } . Prohibits employer from taking certain
employment actions toward individual who is victim of harassment
  { - or sexual harassment - } . Requires employer to make
reasonable safety accommodation requested by employee who is
victim of harassment   { - or sexual harassment - } . Makes
violation unlawful employment practice.  { + Modifies definition
of 'victim of stalking ' for application of such statutorily
created rights. + }
  Allows certain state employees in unclassified or exempt
service to be accompanied by individual selected by employee to
be present during any interview with employee requested by
employer.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to employment; creating new provisions; amending ORS
  659A.270, 659A.272, 659A.280 and 659A.290; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 659A.270 is amended to read:
  659A.270. As used in ORS 659A.270 to 659A.285:
  (1) 'Covered employer' means an employer who employs six or
more individuals in the State of Oregon for each working day
during each of 20 or more calendar workweeks in the year in which
an eligible employee takes leave to address domestic violence,
 { +  harassment, + } sexual assault or stalking, or in the year
immediately preceding the year in which an eligible employee
takes leave to address domestic violence,  { + harassment, + }
sexual assault or stalking.
  (2) 'Eligible employee' means an employee who:
  (a) Worked an average of more than 25 hours per week for a
covered employer for at least 180 days immediately before the
date the employee takes leave; and
  (b) Is a victim of domestic violence,  { + harassment, + }
sexual assault or stalking or is the parent or guardian of a
minor child or dependent who is a victim of domestic violence,
 { + harassment, + } sexual assault or stalking.
  (3) 'Protective order' means an order authorized by ORS 30.866,
107.095 (1)(c), 107.700 to 107.735, 124.005 to 124.040 or 163.730
to 163.750 or any other order that restrains an individual from
contact with an eligible employee or the employee's minor child
or dependent.
  (4) 'Victim of domestic violence' means:
  (a) An individual who has been a victim of abuse, as defined in
ORS 107.705; or
  (b) Any other individual designated as a victim of domestic
violence by rule adopted under ORS 659A.805.
   { +  (5) 'Victim of harassment' means:
  (a) An individual against whom harassment has been committed as
described in ORS 166.065.
  (b) Any other individual designated as a victim of harassment
by rule adopted under ORS 659A.805. + }
    { - (5) - }   { + (6) + } 'Victim of sexual assault' means:
  (a) An individual against whom a sexual offense has been
committed as described in ORS 163.305 to 163.467 or 163.525; or
  (b) Any other individual designated as a victim of sexual
assault by rule adopted under ORS 659A.805.
    { - (6) - }   { + (7) + } 'Victim of stalking' means:
  (a) An individual against whom stalking has been committed as
described in ORS 163.732;   { - or - }
  (b)   { - Any other - }  { +  An + } individual designated as a
victim of stalking by rule adopted under ORS 659A.805  { - . - }
 { + ; or + }  { +
  (c) An individual who has obtained a court's stalking
protective order or a temporary court's stalking protective order
under ORS 30.866. + }
    { - (7) - }  { +  (8) + } 'Victim services provider' means a
prosecutor-based victim assistance program or a nonprofit program
offering safety planning, counseling, support or advocacy related
to domestic violence,  { + harassment, + } sexual assault or
stalking.
  SECTION 2. ORS 659A.272 is amended to read:
  659A.272. Except as provided in ORS 659A.275, a covered
employer shall allow an eligible employee to take reasonable
leave from employment for any of the following purposes:
  (1) To seek legal or law enforcement assistance or remedies to
ensure the health and safety of the employee or the employee's
minor child or dependent, including preparing for and
participating in protective order proceedings or other civil or
criminal legal proceedings related to domestic violence,  { +
harassment, + } sexual assault or stalking.
  (2) To seek medical treatment for or to recover from injuries
caused by domestic violence or sexual assault to or
 { + harassment or + } stalking of the eligible employee or the
employee's minor child or dependent.
  (3) To obtain, or to assist a minor child or dependent in
obtaining, counseling from a licensed mental health professional
related to an experience of domestic violence, { +
harassment, + } sexual assault or stalking.
  (4) To obtain services from a victim services provider for the
eligible employee or the employee's minor child or dependent.
  (5) To relocate or take steps to secure an existing home to
ensure the health and safety of the eligible employee or the
employee's minor child or dependent.
  SECTION 3. ORS 659A.280 is amended to read:
  659A.280. (1) An eligible employee shall give the covered
employer reasonable advance notice of the employee's intention to
take leave for the purposes identified in ORS 659A.272, unless
giving the advance notice is not feasible.
  (2) The covered employer may require the eligible employee to
provide certification that:
  (a) The employee or the employee's minor child or dependent is
a victim of domestic violence,  { + harassment, + } sexual
assault or stalking; and
  (b) The leave taken is for one of the purposes identified in
ORS 659A.272.
  (3) The eligible employee shall provide the certification
within a reasonable time after receiving the covered employer's
request for the certification.
  (4) Any of the following constitutes sufficient certification:
  (a) A copy of a police report indicating that the eligible
employee or the employee's minor child or dependent was a victim
of domestic violence,  { + harassment, + } sexual assault or
stalking.
  (b) A copy of a protective order or other evidence from a
court { + , administrative agency + } or attorney that the
eligible employee appeared in or was preparing for a
civil { + , + }   { - or - }  criminal  { +  or
administrative + } proceeding related to domestic violence,  { +
harassment, + } sexual assault or stalking.
  (c) Documentation from an attorney, law enforcement officer,
health care professional, licensed mental health professional or
counselor, member of the clergy or victim services provider that
the eligible employee or the employee's minor child or dependent
was undergoing treatment or counseling, obtaining services or
relocating as a result of domestic violence,  { + harassment, + }
sexual assault or stalking.
  (5) All records and information kept by a covered employer
regarding an eligible employee's leave under ORS 659A.270 to
659A.285, including the fact that the employee has requested or
obtained leave under ORS 659A.272, are confidential and may not
be released without the express permission of the employee,
unless otherwise required by law.
  SECTION 4. ORS 659A.290 is amended to read:
  659A.290. (1) As used in this section:
  (a) 'Reasonable safety accommodation' may include, but is not
limited to, a transfer, reassignment, modified schedule, unpaid
leave from employment, changed work telephone number, changed
work station, installed lock, implemented safety procedure or any
other adjustment to a job structure, workplace facility or work
requirement in response to actual or threatened domestic
violence,  { + harassment, + } sexual assault or stalking.
  (b) 'Victim of domestic violence' has the meaning given that
term in ORS 659A.270.
   { +  (c) 'Victim of harassment' has the meaning given that
term in ORS 659A.270. + }
    { - (c) - }  { +  (d) + } 'Victim of sexual assault' has the
meaning given that term in ORS 659A.270.
    { - (d) - }   { + (e) + } 'Victim of stalking' has the
meaning given that term in ORS 659A.270.
  (2) It is an unlawful employment practice for an employer to:
  (a) Refuse to hire an otherwise qualified individual because
the individual is a victim of domestic violence,
 { + harassment, + } sexual assault or stalking.
  (b) Discharge, threaten to discharge, demote, suspend or in any
manner discriminate or retaliate against an individual with
regard to promotion, compensation or other terms, conditions or
privileges of employment because the individual is a victim of
domestic violence, { +  harassment, + } sexual assault or
stalking.
  (c) Refuse to make a reasonable safety accommodation requested
by an individual who is a victim of domestic violence,  { +
harassment, + } sexual assault or stalking, unless the employer
can demonstrate that the accommodation would impose an undue
hardship on the operation of the business of the employer, as
determined under ORS 659A.121.

  (3)(a) Prior to making a reasonable safety accommodation, an
employer may require an individual to provide certification that
the individual is a victim of domestic violence,
 { + harassment, + } sexual assault or stalking.
  (b) An individual must provide a certification required under
paragraph (a) of this subsection within a reasonable time after
receiving the employer's request for certification.
  (c) Any of the following constitutes sufficient certification:
  (A) A copy of a police report indicating that the individual
was or is a victim of domestic violence,  { + harassment, + }
sexual assault or stalking.
  (B) A copy of a protective order or other evidence from a
court { + , administrative agency  + }or attorney that the
individual appeared in or is preparing for a civil { + , + }
 { - or - }  criminal { +  or administrative + } proceeding
related to domestic violence,  { +  harassment, + } sexual
assault or stalking.
  (C) Documentation from an attorney, law enforcement officer,
health care professional, licensed mental health professional or
counselor, member of the clergy or victim services provider that
the individual was or is undergoing treatment or counseling,
obtaining services or relocating as a result of domestic
violence,  { +  harassment, + } sexual assault or stalking.
  (d) All records and information kept by an employer regarding a
reasonable safety accommodation made for an individual are
confidential and may not be released without the express
permission of the individual, unless otherwise required by law.
  SECTION 5.  { + Section 6 of this 2011 Act is added to and made
a part of ORS chapter 240. + }
  SECTION 6.  { + An employee in the state service employed in an
unclassified or exempt position who is not a confidential
employee, managerial employee or supervisory employee, as defined
in ORS 243.650, and who is not represented by an exclusive
representative as defined in ORS 243.650 may be accompanied by an
individual selected by the employee to be present during any
interview with the employee requested by the appointing
authority, manager or supervisor of the employee. + }
  SECTION 7.  { + The amendments to ORS 659A.270, 659A.272,
659A.280 and 659A.290 by sections 1 to 4 of this 2011 Act apply
to actions and proceedings commenced before, on or after the
effective date of this 2011 Act. + }
  SECTION 8.  { + 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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