FEPA Discrimination Charge and Right-to-Sue Procedure — Oregon

FEPA Discrimination Charge and Right-to-Sue Procedure (OREGON)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
DATE: [__/__/____]
RE: Eligibility assessment — ORS Chapter 659A / BOLI / EEOC charge of discrimination

1. Employer Coverage (ORS Chapter 659A)

2. Protected Class & Adverse Action

Adverse Action(s): ☐ Termination ☐ Demotion ☐ Failure to hire ☐ Failure to promote ☐ Discipline ☐ Pay disparity ☐ Hostile work environment ☐ Constructive discharge ☐ Failure to accommodate ☐ Retaliation ☐ Other: [____________]

Date of last discriminatory act: [__/__/____]

3. Timeliness Analysis (Oregon-specific)

4. HB 2957 (2025) Post-Notice Tiered Deadlines — CRITICAL

Once BOLI issues notice, Oregon HB 2957 (2025), codified at ORS § 659A.880(3), provides the following:

If BOLI finds substantial evidence OR does not investigate:

• 90 days from RTSL if ≤90 days remain on original SOL
• Otherwise, before original SOL expires

If BOLI finds no substantial cause:

• 1 year from notice if >1 year remains on SOL
• Original SOL if 90 days–1 year remains
• 90 days from notice if <90 days remain

5. Damages Assessment

6. Recommendation

[____________]

Part B — Charge of Discrimination (FEPA Filing)

BUREAU OF LABOR AND INDUSTRIES
CIVIL RIGHTS DIVISION
COMPLAINT OF UNLAWFUL EMPLOYMENT PRACTICE
(Dual-filed with the U.S. Equal Employment Opportunity Commission pursuant to BOLI/EEOC Worksharing Agreement)

BOLI Case No.: [_______________] (assigned by Bureau)
EEOC Charge No.: [_______________] (assigned by EEOC)

1. Complainant

2. Respondent (Employer)

3. Basis of Discrimination (check all that apply — Oregon broader than federal)

☐ Race ☐ Color ☐ Religion ☐ National origin ☐ Sex (incl. pregnancy/lactation) ☐ Sexual orientation ☐ Gender identity/expression ☐ Marital status ☐ Age (18+) ☐ Disability ☐ Expunged juvenile record ☐ Familial relationship ☐ Off-duty tobacco use ☐ Domestic violence / sexual assault / stalking victim status ☐ OFLA leave ☐ Oregon sick time ☐ Predictive scheduling ☐ Whistleblower (ORS § 659A.199, .203) ☐ Workers' compensation status ☐ Retaliation ☐ Other: [____________]

4. Date(s) of Discrimination

• Earliest date: [__/__/____]
• Most recent date: [__/__/____]
• ☐ Continuing course of conduct

5. Particulars (Statement of Facts)

I. EMPLOYMENT BACKGROUND

1. I, [NAME], was employed by Respondent as a [JOB TITLE] from [__/__/____] to [__/__/____] at Respondent's [LOCATION] facility in Oregon.

2. I performed my job duties satisfactorily and met or exceeded performance expectations. [Examples: positive reviews, promotions, awards] [____________].

II. PROTECTED-CLASS STATUS

3. I am a member of one or more protected classes under ORS § 659A.030, specifically: [____________].

III. ADVERSE EMPLOYMENT ACTION

4. On [__/__/____], Respondent [adverse action]. The decision was made by [NAME, TITLE].

5. Respondent's articulated reason was [____________]. I dispute that reason because [____________].

IV. EVIDENCE OF DISCRIMINATORY MOTIVE

6. Direct evidence: [discriminatory remarks, written communications, etc.] [____________].

7. Comparator evidence: [similarly situated employees outside the protected class treated more favorably] [____________].

8. Pattern / disparate impact: [____________].

V. RETALIATION (if applicable)

9. I engaged in protected activity by [____________] on [__/__/____].

10. Within [__] days, Respondent took the adverse action above. The temporal proximity and other evidence establish a causal connection in violation of ORS § 659A.030(1)(g) and, where applicable, the whistleblower protections of ORS § 659A.199 / ORS § 659A.203.

VI. STATUTORY BASIS

11. I believe Respondent violated ORS § 659A.030 and, as applicable, ORS §§ 659A.040, 659A.112, 659A.147, 659A.199, 659A.203, 659A.230, 659A.290, 659A.309, 659A.315, by discriminating against me because of my [protected basis].

6. Verification

I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct to the best of my knowledge and belief.

Signature of Complainant: [____________________________]
Date: [__/__/____]

(Notarization is not required for BOLI filing; declaration under penalty of perjury per ORS § 659A.820 is sufficient.)

7. Filing Instructions

Part C — BOLI Status and Civil-Action Notice Letter

Option 1 — Request for Case Status and Applicable ORS § 659A.880 Notice

[FIRM LETTERHEAD]

Date: [__/__/____]
Via Certified Mail & BOLI Online Portal

Oregon Bureau of Labor and Industries
Civil Rights Division
800 NE Oregon Street, Suite 1045
Portland, OR 97232

Re: Case Status and ORS § 659A.880 Notice — BOLI Case No. [____________]; Complainant: [NAME]; Respondent: [EMPLOYER]

Dear Civil Rights Division:

This firm represents [COMPLAINANT NAME], the Complainant in the above-referenced matter. Please provide the current case status, identify whether BOLI has dismissed the complaint or reached an investigative determination, and issue any notice required by ORS § 659A.880.

Complainant is evaluating a civil action under ORS § 659A.885. This letter does not assume that receipt of notice is a condition precedent; ORS § 659A.870(6) provides that a person who filed a BOLI complaint need not receive notice before commencing an action based on the same matters.

Complainant will calculate any filing deadline under the applicable limitations period in ORS § 659A.875 and the disposition-dependent post-notice rules in ORS § 659A.880(3).

Sincerely,

[ATTORNEY NAME], OSB No. [____________]
[FIRM]
[ADDRESS]
[PHONE] / [EMAIL]

cc: [Complainant]
[Respondent / Respondent's counsel]

Option 2 — Request to EEOC for Federal Notice of Right to Sue

[FIRM LETTERHEAD]

Date: [__/__/____]
Via EEOC Public Portal

U.S. Equal Employment Opportunity Commission
Seattle Field Office (Oregon coverage)
909 First Avenue, Suite 400
Seattle, WA 98104

Re: Request for Notice of Right to Sue — EEOC Charge No. [____________]

Dear EEOC Director:

Pursuant to 29 C.F.R. § 1601.28(a) and 42 U.S.C. § 2000e-5(f)(1), Complainant requests issuance of the Notice of Right to Sue. More than 180 days have elapsed since the filing of the charge on [__/__/____]. Complainant acknowledges the federal 90-day post-notice limitations period.

Sincerely,

[ATTORNEY NAME]

Part D — Pre-Suit Civil Complaint (Template)

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [____________]

Case No.: [____________]

COMPLAINT (Unlawful Employment Practice — ORS Chapter 659A) — JURY TRIAL DEMANDED

Plaintiff alleges:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [NAME] is and was at all times material an Oregon resident and an employee of Defendant within the meaning of ORS § 659A.001.

2. Defendant [EMPLOYER] is a [STATE] [entity type] authorized to do business in Oregon, with its principal Oregon place of business at [ADDRESS]. Defendant is an "employer" within the meaning of ORS § 659A.001(4).

3. This Court has jurisdiction under ORS § 659A.885(1) and venue is proper in [COUNTY] County under ORS § 14.080 because the unlawful employment practices occurred in [COUNTY] County.

II. ADMINISTRATIVE PROCEDURE

4. ☐ Plaintiff filed a complaint with BOLI on [__/__/____] (Case No. [____________]). BOLI issued notice under ORS § 659A.880 on [__/__/____]. This action is timely under the applicable ORS § 659A.875 period and ORS § 659A.880(3), OR
   ☐ Plaintiff has not filed with BOLI; this action is timely under the claim-specific period in ORS § 659A.875, OR
   ☐ Plaintiff filed with BOLI but has not received notice; ORS § 659A.870(6) does not make receipt of notice a condition precedent to this action.

III. FACTUAL ALLEGATIONS

5. Plaintiff is a member of a protected class under ORS § 659A.030, namely [____________].

6. Plaintiff was employed by Defendant as [TITLE] from [__/__/____] to [__/__/____].

7. [Detailed facts of discrimination, retaliation, or harassment] [____________].

8. On [__/__/____], Defendant took the adverse employment action of [____________].

9. Defendant's stated reason was pretextual. [____________].

10. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered and continues to suffer economic damages including lost wages, lost benefits, and out-of-pocket expenses, as well as non-economic damages including emotional distress, mental anguish, humiliation, anxiety, and loss of enjoyment of life.

IV. CLAIMS FOR RELIEF

FIRST CLAIM — Discrimination on the Basis of [PROTECTED CLASS] (ORS § 659A.030)

11. Plaintiff incorporates paragraphs 1–10.

12. Defendant's conduct constitutes an unlawful employment practice in violation of ORS § 659A.030.

SECOND CLAIM — Retaliation (ORS § 659A.030(1)(g); ORS § 659A.199 or .203 as applicable)

13. Plaintiff incorporates the foregoing.

14. Plaintiff engaged in protected activity by [____________] and Defendant retaliated by [____________].

THIRD CLAIM — Hostile Work Environment (ORS § 659A.030; Harris v. Pameco Corp., 170 Or App 164 (2000)) [if applicable]

15. Plaintiff incorporates the foregoing.

16. Plaintiff was subjected to severe and pervasive unwelcome conduct based on protected status, altering the terms and conditions of employment.

FOURTH CLAIM — Aiding and Abetting (ORS § 659A.030(1)(h)) [against individual defendants, if applicable]

17. [Individual Defendant] aided, abetted, incited, compelled, or coerced the unlawful employment practice in violation of ORS § 659A.030(1)(h).

V. PRAYER

WHEREFORE, Plaintiff prays for judgment against Defendant for:

a. Back pay with prejudgment interest;
b. Front pay or reinstatement;
c. Compensatory damages for emotional distress and other non-economic injury in an amount to be proven at trial, but not less than $[____________];
d. Punitive damages pursuant to ORS § 659A.885(3) and ORS § 31.730;
e. Equitable and injunctive relief, including affirmative action and policy changes;
f. Reasonable attorney fees and costs pursuant to ORS § 659A.885(1) and ORS § 20.107;
g. Pre- and post-judgment interest;
h. Trial by jury; and
i. Such other relief as this Court deems just.

JURY TRIAL DEMANDED

DATED: [__/__/____]

[ATTORNEY NAME], OSB No. [____________]
[FIRM]
[ADDRESS]
[PHONE] / [EMAIL]
Of Attorneys for Plaintiff

Part E — Pre-Filing Checklist

Eligibility & Coverage

☐ Confirmed Respondent has 1+ employee (or specific threshold for claim type)
☐ Confirmed protected-class basis under ORS § 659A.030 et seq.
☐ Identified unique Oregon classes: marital status, expunged juvenile record, off-duty tobacco use, age 18+
☐ Identified adverse employment action(s)
☐ Continuing-violation analysis completed

Deadlines (CRITICAL)

☐ BOLI 5-year deadline calendared for an ORS § 659A.820(3) claim: [__/__/____]
☐ BOLI 1-year deadline calendared for another ORS § 659A.820(2) claim: [__/__/____]
☐ EEOC 300-day deadline calendared: [__/__/____]
☐ ORS § 659A.875(1)(b) 5-year civil-action period calendared for a listed claim: [__/__/____]
☐ ORS § 659A.875(1)(a) 1-year civil-action period calendared for another employment claim: [__/__/____]
☐ ORS § 659A.880(3) post-notice deadline computed: [__/__/____]
☐ Federal 90-day post-RTSL SOL calendared (if applicable): [__/__/____]

Strategy

☐ Forum decision (BOLI / EEOC / direct Circuit Court / federal court) documented
☐ Effect of filing a civil action on the pending BOLI matter documented under ORS § 659A.870
☐ Punitive-damages framework reviewed (ORS § 31.730, ORS § 31.735 split)
☐ Arbitration analysis under ORS § 659A.370 (Workplace Fairness Act limits on pre-dispute arbitration of harassment/discrimination claims)
☐ Mandatory mediation evaluated

Evidence

☐ Personnel file requested (ORS § 652.750 — employer must provide within 45 days)
☐ Pay records collected
☐ Performance evaluations collected
☐ Discriminatory communications preserved
☐ Comparator evidence identified
☐ Witness list prepared
☐ Medical / mental health records (with HIPAA authorization)
☐ Litigation hold letter sent

Filing

☐ BOLI Intake Questionnaire completed
☐ Formal Complaint signed under ORS § 659A.820 declaration
☐ Dual-filing with EEOC confirmed
☐ Service on Respondent confirmed
☐ Respondent's 30-day position-statement deadline calendared

Pre-Suit Civil Action (ORS § 659A.885)

☐ Verified Complaint drafted (Part D)
☐ Venue confirmed (ORS § 14.080)
☐ All causes of action plead (discrimination, retaliation, hostile work environment, aiding-abetting, ORS § 659A.030(1)(h))
☐ Jury demand included
☐ Punitive-damages claim plead with specificity

Client Communications

☐ Engagement letter executed
☐ Tiered HB 2957 deadlines explained
☐ Federal vs. state forum trade-offs explained
☐ Damages range disclosed
☐ Fee structure (contingent / hourly / ORS § 659A.885(1) fee-shifting) explained
☐ Settlement authority obtained

Sources and References

• BOLI — Discrimination at Work: https://www.oregon.gov/boli/workers/pages/discrimination-at-work.aspx
• BOLI — File a Complaint: https://www.oregon.gov/boli/workers/pages/file-a-complaint.aspx
• ORS Chapter 659A (full text): https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html
• ORS § 659A.030 — Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age: https://oregon.public.law/statutes/ors_659a.030
• ORS § 659A.820 — Filing of complaint with Commissioner of BOLI: https://oregon.public.law/statutes/ors_659a.820
• ORS § 659A.870 — Election of remedies: https://oregon.public.law/statutes/ors_659a.870
• ORS § 659A.875 — Limitations: https://oregon.public.law/statutes/ors_659a.875
• ORS § 659A.880 — Notice and post-notice filing periods: https://law.justia.com/codes/oregon/volume-16/chapter-659a/section-659a-880/
• ORS § 659A.885 — Civil action: https://oregon.public.law/statutes/ors_659a.885
• OAR Chapter 839, Division 003 — BOLI Civil Rights Procedures: https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=3828
• Oregon HB 2957 (2025) — Statute-of-Limitations Clarification: https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB2957
• Ogletree Deakins, "Oregon Clarifies Time Frames for Filing Civil Actions in Employment Cases" (July 2025): https://ogletree.com/insights-resources/blog-posts/oregon-clarifies-time-frames-for-filing-civil-actions-in-employment-cases/
• ORS § 652.750 — Personnel-file access: https://oregon.public.law/statutes/ors_652.750
• ORS § 659A.370 — Workplace Fairness Act (limits on NDAs and pre-dispute arbitration): https://oregon.public.law/statutes/ors_659a.370
• Harris v. Pameco Corp., 170 Or App 164, 12 P.3d 524 (2000) (hostile work environment standard)
• EEOC — Filing a Charge: https://www.eeoc.gov/filing-charge-discrimination
• EEOC Seattle Field Office (Oregon coverage): https://www.eeoc.gov/field-office/seattle/location