Bill Text: OR SB1045 | 2010 | 1st Special Session | Enrolled
Bill Title: Relating to use of credit history for employment purposes; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Passed) 2010-03-29 - Effective date, March 29, 2010. [SB1045 Detail]
Download: Oregon-2010-SB1045-Enrolled.html
75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session
Enrolled
Senate Bill 1045
Sponsored by Senator ROSENBAUM, Representative KOTEK; Senators
BATES, BONAMICI, DEVLIN, DINGFELDER, EDWARDS, MORRISETTE,
PROZANSKI, SHIELDS, Representatives BAILEY, BUCKLEY, DEMBROW,
DOHERTY, GELSER, GREENLICK, HARKER, HOLVEY, HOYLE, KAHL, KOMP,
NOLAN, STIEGLER, TOMEI, VANORMAN (Presession filed.)
CHAPTER ................
AN ACT
Relating to use of credit history for employment purposes;
creating new provisions; amending ORS 659A.885; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2010 Act is added to and made
a part of ORS chapter 659A. + }
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, it is an unlawful employment practice for an
employer to obtain or use for employment purposes information
contained in the credit history of an applicant for employment or
an employee, or to refuse to hire, discharge, demote, suspend,
retaliate or otherwise discriminate against an applicant or an
employee with regard to promotion, compensation or the terms,
conditions or privileges of employment based on information in
the credit history of the applicant or employee.
(2) Subsection (1) of this section does not apply to:
(a) Employers that are federally insured banks or credit
unions;
(b) Employers that are required by state or federal law to use
individual credit history for employment purposes;
(c) The employment of a public safety officer who is a member
of a law enforcement unit, who is employed as a peace officer
commissioned by a city, port, school district, mass transit
district, county, Indian reservation, the Criminal Justice
Division of the Department of Justice, the Oregon State Lottery
Commission or the Governor and who is responsible for enforcing
the criminal laws of this state or laws or ordinances related to
airport security; or
(d) The obtainment or use by an employer of information in the
credit history of an applicant or employee because the
information is substantially job-related and the employer's
reasons for the use of such information are disclosed to the
employee or prospective employee in writing.
(3) An employee or an applicant for employment may file a
complaint under ORS 659A.820 for violations of this section and
may bring a civil action under ORS 659A.885 and recover the
relief as provided by ORS 659A.885 (1) and (2).
Enrolled Senate Bill 1045 (SB 1045-A) Page 1
(4) As used in this section, 'credit history' means any written
or other communication of any information by a consumer reporting
agency that bears on a consumer's creditworthiness, credit
standing or credit capacity. + }
SECTION 3. ORS 659A.885 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 of this 2010 Act + }.
(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
Enrolled Senate Bill 1045 (SB 1045-A) Page 2
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.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:
Enrolled Senate Bill 1045 (SB 1045-A) Page 3
(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 4. { + Section 2 of this 2010 Act and the amendments
to ORS 659A.885 by section 3 of this 2010 Act become operative on
July 1, 2010. + }
SECTION 5. { + The Commissioner of the Bureau of Labor and
Industries may take any action before the operative date
specified in section 4 of this 2010 Act that is necessary to
enable the commissioner to exercise, on and after the operative
date specified in section 4 of this 2010 Act, all the duties,
functions and powers conferred on the commissioner by section 2
of this 2010 Act and the amendments to ORS 659A.885 by section 3
of this 2010 Act. + }
SECTION 6. { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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Passed by Senate February 15, 2010
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House February 22, 2010
...........................................................
Speaker of House
Enrolled Senate Bill 1045 (SB 1045-A) Page 4
Received by Governor:
......M.,............., 2010
Approved:
......M.,............., 2010
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2010
...........................................................
Secretary of State
Enrolled Senate Bill 1045 (SB 1045-A) Page 5
