Chapter 687
Oregon Laws 2011
AN ACT
HB 3482
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.
Approved by
the Governor August 2, 2011
Filed in the
office of Secretary of State August 2, 2011
Effective date
August 2, 2011
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