STATE

The mission of the Oregon Bureau of Labor and Industries (BOLI) is to protect employment rights, advance employment opportunities, and protect access to housing and public accommodations free from discrimination.
 
The four principal duties of the Bureau of Labor and Industries (BOLI) are to: (1) protect the rights of workers and citizens to equal, non-discriminatory treatment through the enforcement of anti-discrimination laws that apply to workplaces, housing and public accommodations; (2) encourage and enforce compliance with state laws relating to wages, hours, terms and conditions of employment; (3) educate and train employers to understand and comply with both wage and hour and civil rights law; and (4) promote the development of a highly skilled, competitive workforce in Oregon through the apprenticeship program and through partnerships with government, labor, business, and educational institutions.

Summary of Protected Classes

Pre-Employment Inquiries

Administrative Rules for BOLI

Oregon Revised Statutes 659 and 659A - Unlawful Discrimination: Employment

Oregon University System: Administrative Rules – Division 21 Conditions of Service

Oregon State University: Administrative Rules

OSU Office of Human Resources: Recruitment & Selection Policies, Guidelines & Reference Material

Social Media Accounts Access: House Bill 2654 – Oregon State Legislature (Effective January 1, 2014)

Prohibits employer from requiring or requesting employee or applicant for employment to provide access to personal social media account, to add employer to social media contact list or to allow employer to view employee's or applicant's personal social media account.

 

FEDERAL

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

Laws Enforced by the EEOC

 

Title VII of the Civil Rights Act of 1964

This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.

The Pregnancy Discrimination Act

This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Equal Pay Act of 1963 (EPA)

This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Age Discrimination in Employment Act of 1967 (ADEA)

This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Title I of the Americans with Disabilities Act of 1990 (ADA)

This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

Sections 102 and 103 of the Civil Rights Act of 1991

Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.

Sections 501 and 505 of the Rehabilitation Act of 1973

This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

The Genetic Information Nondiscrimination Act of 2008 (GINA)

Effective - November 21, 2009.

This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e. an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Prohibited Employment Policies/Practices

Discrimination by Type

The U.S. Department of Labor (DOL) administers and enforces more than 180 federal laws. These mandates and the regulations that implement them cover many workplace activities for about 10 million employers and 125 million workers.

DOL's Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three laws that prohibit federal contractors and subcontractors from discrimination in hiring and require them to take affirmative action to ensure equal employment opportunity in their employment processes:

Vietnam Era Veterans’ Readjustment Assistance Act

Prohibits discrimination against specified categories of veterans protected by the Act and requires affirmative action in the employment of such veterans.

Section 503 of the Rehabilitation Act of 1973

Prohibits discrimination and requires affirmative action in the employment of qualified individuals with disabilities.

Executive Order 11246: Equal Employment Opportunity

Prohibits discrimination and requires affirmative action to ensure that all employment decisions are made without regard to race, color, religion, sex or national origin.

OFCCP Regulatory Library: Laws, Regulation, Guidance Documents

The U.S. Department of Education is the agency of the federal government that establishes policy for, administers, and coordinates most federal assistance to education.

The Office for Civil Rights (OCR), within the US Department of Education, enforces several Federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education.  The mission of the OCRis to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights. 

Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance. All federal agencies that provided grants of assistance are required to enforce the Title VI regulation.

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in programs or activities receiving federal financial assistance.

Title II of the Americans with Disabilities Act of 1990 prohibits discrimination based on disability in public entities.