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Oregon BOLI Civil Rights Division Administrative Charge

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OREGON BOLI CIVIL RIGHTS DIVISION — ADMINISTRATIVE COMPLAINT OF UNLAWFUL PRACTICES

TABLE OF CONTENTS

  1. Filing Cover Sheet
  2. Complainant Information
  3. Respondent Information
  4. Jurisdictional Allegations
  5. Protected-Class / Protected-Activity Bases
  6. Statement of Particulars (Narrative)
  7. Adverse Actions and Damages
  8. Witnesses and Documents
  9. Relief Requested
  10. Election of Remedies / Worksharing Statement
  11. Verification and Signature
  12. Cover Letter to BOLI
  13. Oregon BOLI Practice Notes
  14. Sources and References

1. FILING COVER SHEET

STATE OF OREGON

BUREAU OF LABOR AND INDUSTRIES — CIVIL RIGHTS DIVISION

1800 SW 1st Avenue, Suite 500, Portland, OR 97201

Telephone: (971) 245-3844 | Email: [email protected]

Online Filing: https://complaints.boli.oregon.gov

Field Entry
BOLI Case No. (assigned by agency) [________________________________]
Complainant [FULL LEGAL NAME]
Respondent [EMPLOYER / ENTITY NAME]
Type of Complaint ☐ Employment ☐ Public Accommodations ☐ Housing ☐ Vocational/Career School ☐ Other: [______]
Bases (check all that apply) (see § 5 below)
Date of Most Recent Harm [__/__/____]
Within Limitations Period? ☐ Yes — within 5 years (ORS § 659A.820(2)(a)) ☐ Yes — within 1 year (ORS § 659A.820(2)(b)) ☐ See "Continuing Violation" theory below
Cross-File with EEOC? ☐ Yes ☐ No
Date Filed [__/__/____]

2. COMPLAINANT INFORMATION

Field Entry
Full legal name [________________________________]
Other names used [________________________________]
Date of birth [__/__/____]
Mailing address [STREET, CITY, OR ZIP]
Telephone (primary) [(___) ___-____]
Telephone (alternate) [(___) ___-____]
Email [________________________________]
Preferred contact method ☐ Mail ☐ Phone ☐ Email
Language preference / interpreter needed? [________________________________]
ADA accommodation needed? ☐ Yes (describe): [________________________________] ☐ No
Counsel of record (if any) [ATTORNEY NAME / FIRM / OSB # / PHONE / EMAIL]

3. RESPONDENT INFORMATION

Field Entry
Respondent name [________________________________]
Type of entity ☐ Corporation ☐ LLC ☐ Partnership ☐ Sole proprietor ☐ Public employer ☐ Other
Street address (principal place of business) [STREET, CITY, OR ZIP]
Mailing address (if different) [________________________________]
Telephone [(___) ___-____]
Approximate number of employees [____]
Industry / NAICS / SIC [________________________________]
Identifying decision-makers **[Name
Registered agent (if known) [NAME / ADDRESS]

4. JURISDICTIONAL ALLEGATIONS

  1. Respondent is an "employer" within the meaning of ORS § 659A.001(4) and a "person" within the meaning of ORS § 659A.001(9). Oregon law applies to employers regardless of size; there is no minimum-employee threshold under ORS § 659A.030.

  2. Complainant was employed by Respondent (or sought employment with Respondent / patronized Respondent's place of public accommodation) within Oregon, and the unlawful practices alleged herein occurred in [COUNTY] County, Oregon, between [__/__/____] and [__/__/____].

  3. This Complaint is timely filed under ORS § 659A.820(2)(a) within the five-year limitations period applicable to claims under ORS §§ 659A.030, 659A.082, 659A.112, and/or 659A.370. [OR — for non-employment / public-accommodations / housing claims:] This Complaint is timely filed under ORS § 659A.820(2)(b) within the one-year limitations period.

5. PROTECTED-CLASS / PROTECTED-ACTIVITY BASES

I, the Complainant, allege that I was discriminated against, harassed, or retaliated against on the basis of (check all that apply):

A. Protected Classes Under ORS § 659A.030

  • ☐ Race: [________________________________]
  • ☐ Color: [________________________________]
  • ☐ Religion / creed: [________________________________]
  • ☐ Sex (including pregnancy and lactation — see ORS § 659A.290)
  • ☐ Sexual orientation
  • ☐ Gender identity / gender expression
  • ☐ National origin: [________________________________]
  • ☐ Marital status
  • ☐ Age (18 or older)
  • ☐ Expunged juvenile record
  • ☐ Association with a person in a protected class

B. Other Statutory Bases

  • ☐ Disability — ORS § 659A.112 (specify): [________________________________]
  • ☐ Veteran / uniformed-service status — ORS § 659A.082
  • ☐ Pregnancy / pregnancy-related medical condition — ORS § 659A.029, .147
  • ☐ Workers' compensation claim — ORS § 659A.040
  • ☐ Use of family/medical leave (OFLA / FMLA) — ORS § 659A.150 et seq.
  • ☐ Use of Oregon paid sick time — ORS § 659A.170 et seq.
  • ☐ Domestic violence, sexual assault, harassment, or stalking — ORS § 659A.270
  • ☐ Genetic information — ORS § 659A.300
  • ☐ Credit history — ORS § 659A.320
  • ☐ Other: [________________________________]

C. Protected Activity (Retaliation Bases)

  • ☐ Opposition to discriminatory practice — ORS § 659A.030(1)(f)
  • ☐ Participation in BOLI / EEOC proceedings — ORS § 659A.030(1)(f)
  • ☐ Whistleblower — private-sector reporting of violations of law — ORS § 659A.199
  • ☐ Whistleblower — reporting to law enforcement — ORS § 659A.230
  • ☐ Workplace Fairness Act protected disclosure — ORS § 659A.370
  • ☐ Wage-and-hour complaint — ORS § 652.355
  • ☐ OSHA complaint — ORS § 654.062
  • ☐ Other: [________________________________]

6. STATEMENT OF PARTICULARS (NARRATIVE)

I, [COMPLAINANT NAME], state under penalty of perjury that the following is true and correct to the best of my knowledge and belief:

A. Employment History with Respondent

  1. I was hired by Respondent on or about [__/__/____] as a [POSITION TITLE], working at Respondent's [LOCATION] facility, reporting to [SUPERVISOR NAME / TITLE], at a rate of pay of $[AMOUNT] per [year/hour].

  2. Throughout my employment, I performed my duties competently, as evidenced by [performance reviews / commendations / promotions / wage increases].

B. Protected-Class Membership / Protected Activity

  1. I am a member of the following protected class(es): [describe — e.g., African American (race); woman (sex); lesbian (sexual orientation); transgender (gender identity); over age 40; person with diabetes (disability under ORS § 659A.104)].

  2. [If retaliation:] I engaged in protected activity on or about [__/__/____] by [describe — e.g., reporting harassment to HR; filing a prior BOLI charge; refusing to engage in conduct I reasonably believed was unlawful].

C. Adverse Conduct — Chronological Account

  1. On or about [__/__/____], [describe first incident in detail — what was said, who said it, who was present, where it occurred].

  2. On or about [__/__/____], [describe second incident].

  3. [Continue chronologically. Be specific. Identify all witnesses. Quote verbatim where possible. Distinguish between supervisor conduct and co-worker conduct, since the legal standard differs.]

  4. On or about [__/__/____], I was [terminated / demoted / disciplined / denied a promotion / denied a reasonable accommodation / subjected to other adverse action]. The reason given by Respondent was [stated reason].

D. Why the Stated Reason is Pretextual / Discriminatory

  1. The reason given by Respondent is pretextual because:
  • [Comparator evidence — similarly situated employees outside my protected class engaged in identical conduct without consequence];
  • [Temporal proximity — adverse action occurred ___ days after my protected activity];
  • [Inconsistent statements — different reasons given to me, to HR, and to the unemployment agency];
  • [Direct evidence — discriminatory comments, e.g., "[verbatim quote]" by [name] on [date]];
  • [Procedural irregularities — failure to follow Respondent's own progressive-discipline policy; sham investigation];
  • [Statistical / pattern evidence — Respondent has terminated [N] employees in my protected class while retaining [N] outside].

E. Internal Complaints (if any)

  1. On or about [__/__/____], I complained internally to [HR / supervisor / hotline] about the conduct described above. Respondent [describe response — failed to investigate; retaliated; took no remedial action; conducted a sham investigation].

F. Continuing Violation (if applicable)

  1. The unlawful practices alleged constitute a continuing course of conduct extending into the limitations period. The hostile work environment was created by a series of acts of which at least one — [specific act on _date] — occurred within the limitations period, permitting consideration of the entire pattern.

7. ADVERSE ACTIONS AND DAMAGES

I have suffered the following harm as a result of Respondent's unlawful conduct:

A. Tangible Adverse Actions

  • ☐ Termination on [__/__/____]
  • ☐ Constructive discharge on [__/__/____]
  • ☐ Demotion on [__/__/____]
  • ☐ Denial of promotion on [__/__/____]
  • ☐ Pay cut from $[AMOUNT] to $[AMOUNT] on [__/__/____]
  • ☐ Disciplinary action — [describe]
  • ☐ Denial of reasonable accommodation
  • ☐ Suspension from [date] to [date]
  • ☐ Reduction in hours from [__] to [__] per week
  • ☐ Other: [________________________________]

B. Non-Tangible Harm

  • ☐ Hostile work environment (severe or pervasive)
  • ☐ Emotional distress / anxiety / depression (treated by [provider] since [date])
  • ☐ Damage to professional reputation
  • ☐ Loss of professional opportunities

C. Estimated Damages

Category Amount / Description
Lost wages and benefits (back pay) through filing date $[AMOUNT]
Estimated future lost earnings (front pay) $[AMOUNT]
Out-of-pocket medical expenses $[AMOUNT]
Job-search expenses $[AMOUNT]
Other economic loss $[AMOUNT]
Non-economic damages (emotional distress) To be determined

8. WITNESSES AND DOCUMENTS

A. Witnesses

Name Title / Relationship Phone Email Subject of Testimony
[___] [___] [___] [___] [___]
[___] [___] [___] [___] [___]
[___] [___] [___] [___] [___]

B. Documents Attached or Available

  • ☐ Employment offer letter / contract
  • ☐ Employee handbook / EEO policy
  • ☐ Performance reviews
  • ☐ Disciplinary records
  • ☐ Pay stubs / wage statements
  • ☐ Termination letter / notice
  • ☐ Correspondence (emails, texts, Slack)
  • ☐ Internal complaint / investigation records
  • ☐ Medical records (mental-health treatment, accommodation requests)
  • ☐ Audio / video recordings (note Oregon's all-party-consent rule under ORS § 165.540)
  • ☐ Comparator data
  • ☐ Other: [________________________________]

9. RELIEF REQUESTED

I respectfully request that BOLI:

  • A. Investigate this Complaint pursuant to ORS § 659A.835 and OAR 839-003-0005 et seq.;
  • B. Issue a finding of substantial evidence under OAR 839-003-0050;
  • C. Pursue conciliation under ORS § 659A.840 to obtain reinstatement, back pay, front pay, lost benefits, and emotional-distress damages;
  • D. If conciliation fails, issue formal charges and proceed to a contested-case hearing under ORS § 659A.850;
  • E. Order such relief as is appropriate under ORS § 659A.850, including but not limited to: cease-and-desist orders, reinstatement, back pay (with interest), compensatory damages, posting of notices, training, and other affirmative relief; and
  • F. Cross-file this Complaint with the U.S. Equal Employment Opportunity Commission under the BOLI–EEOC Worksharing Agreement so that federal claims are simultaneously preserved (☐ Yes / ☐ No).

If BOLI elects not to investigate or issues a "no substantial evidence" determination, I request a 90-day notice (right-to-sue letter) under ORS § 659A.880 so that I may pursue a civil action under ORS § 659A.885.

10. ELECTION OF REMEDIES / WORKSHARING STATEMENT

A. Election of Remedies — ORS § 659A.870

I understand that:

  1. ORS § 659A.870 generally bars maintaining both this BOLI Complaint and a civil action under ORS § 659A.885 simultaneously.
  2. If I file a circuit-court action while this Complaint is pending, BOLI will dismiss this Complaint.
  3. I may withdraw this Complaint at any time before BOLI issues a final order, in order to file a civil action.
  4. Once BOLI issues a 90-day notice under ORS § 659A.880, I have the period prescribed by ORS § 659A.875 (as amended by HB 2957 (2025)) to commence a civil action.

B. Worksharing with EEOC

I [☐ DO / ☐ DO NOT] request that BOLI cross-file this Complaint with the EEOC under the BOLI–EEOC Worksharing Agreement so that the corresponding federal claim under [Title VII / ADA / ADEA / GINA] is timely filed within the federal 300-day deferral-state limitations period under 42 U.S.C. § 2000e-5(e)(1).

C. Status of Other Proceedings

  • ☐ I have NOT filed any other administrative or court proceeding regarding this conduct.
  • ☐ I HAVE filed: [describe — agency / court / case number / date / status].

11. VERIFICATION AND SIGNATURE

I declare under penalty of perjury under the laws of the State of Oregon that the foregoing Complaint is true and correct to the best of my knowledge and belief, and that I am authorized to file this Complaint on my own behalf.

[________________________________]

[COMPLAINANT NAME]

Date: [__/__/____]

State of Oregon, County of [________________________________] — ss.

Subscribed and sworn to (or affirmed) before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public for Oregon

(My Commission Expires: [_______________])

12. COVER LETTER TO BOLI

[LAW FIRM LETTERHEAD or COMPLAINANT NAME / ADDRESS]

[DATE]

Civil Rights Division
Oregon Bureau of Labor and Industries
1800 SW 1st Avenue, Suite 500
Portland, OR 97201

Re: Complaint of Unlawful Practices — [COMPLAINANT NAME] v. [RESPONDENT NAME]

Dear Investigator:

Enclosed for filing please find the verified Complaint of [COMPLAINANT NAME] against [RESPONDENT NAME] alleging unlawful [employment / public-accommodations / housing] practices in violation of ORS Chapter 659A, including specifically ORS §§ [659A.030; 659A.112; 659A.199; 659A.370].

The Complaint is timely filed within the [five-year / one-year] limitations period under ORS § 659A.820(2)[(a)/(b)]. Complainant requests that BOLI:

  1. Open an investigation under ORS § 659A.835;
  2. Cross-file the Complaint with the EEOC under the BOLI–EEOC Worksharing Agreement (☐ requested / ☐ not requested);
  3. Pursue conciliation under ORS § 659A.840 if substantial evidence is found; and
  4. Issue a 90-day notice under ORS § 659A.880 if BOLI declines to proceed administratively.

Please direct all correspondence to undersigned counsel at the address above.

Respectfully submitted,

[________________________________]

[ATTORNEY NAME], OSB No. [######]

Counsel for Complainant

Encl.: Verified Complaint; Exhibits A–[__]

13. OREGON BOLI PRACTICE NOTES

A. Filing Methods

BOLI strongly prefers online filing through the Civil Rights Division complaint portal at https://complaints.boli.oregon.gov. Mailed paper complaints are accepted at 1800 SW 1st Avenue, Suite 500, Portland, OR 97201. The intake unit can be reached at (971) 245-3844 or [email protected]. Hours: 8:00 a.m. – 4:30 p.m., Monday–Friday.

Address note (2026): BOLI relocated its Portland headquarters from 800 NE Oregon Street, Suite 1045 to 1800 SW 1st Avenue, Suite 500. Some legacy templates and even some agency form references continue to list the older address; verify on the BOLI website at the time of filing.

B. Limitations — SB 726 / Workplace Fairness Act

Senate Bill 726 (2019 Reg. Sess.), the Oregon Workplace Fairness Act, extended the BOLI filing deadline from one year to five years for claims under ORS §§ 243.323 (public employees), 659A.030, 659A.082, 659A.112, and 659A.370 — for unlawful practices occurring on or after September 29, 2019. The 5-year period applies to all employment claims under those statutes — sexual harassment, race discrimination, disability discrimination, etc. — not just sexual harassment. Claims accruing before September 29, 2019 are governed by the prior 1-year period and are now almost certainly time-barred. Public-accommodations and housing claims under § 659A.142 and § 659A.145 remain at one year under § 659A.820(2)(b).

C. Investigation Process

After acceptance, BOLI assigns the case to a Civil Rights Investigator who:

  1. Notifies Respondent within 30 days (10 days for housing) per ORS § 659A.835.
  2. Issues a position-statement request to Respondent.
  3. Conducts a fact-finding conference, document review, and witness interviews under OAR 839-003-0040.
  4. Issues an Investigative Summary and Determination (substantial evidence / no substantial evidence) typically within 12–18 months, though times vary.

D. Outcomes

  • Substantial evidence finding: BOLI attempts conciliation under ORS § 659A.840. If unsuccessful, the case may proceed to a formal "Specific Charges" filing and contested-case hearing under ORS § 659A.850.
  • No substantial evidence finding: BOLI dismisses and issues a 90-day right-to-sue notice under ORS § 659A.880.
  • Withdrawal: Complainant may withdraw at any time before final order to pursue a civil action under ORS § 659A.885.

E. 90-Day Right-to-Sue Notice — HB 2957 (2025) Update

HB 2957 (2025 Reg. Sess.) modified the post-BOLI 90-day mechanic. Under the revised rules (codified in ORS § 659A.875):

  • Substantial evidence finding (or no investigation): Civil action must be filed within 90 days of the right-to-sue notice if 90 or fewer days remain on the underlying SOL; otherwise, before the SOL expires.
  • No substantial evidence finding: Civil action must be filed within one year of the notice if more than one year remains on the SOL; otherwise, before the SOL expires (with a minimum 90-day floor).

Confirm the current statute text at filing — these mechanics were recently amended.

F. Election of Remedies

ORS § 659A.870 generally prohibits maintaining a BOLI Complaint and a § 659A.885 civil action on the same claim simultaneously. Strategy considerations:

  • File only with BOLI if the client wants free agency investigation, conciliation leverage, and is comfortable with administrative timelines.
  • File only in court for faster control of discovery, jury trial, and broader damages.
  • File with both BOLI and EEOC (via worksharing) but withdraw the BOLI charge if proceeding to court.

G. Worksharing with EEOC

Oregon is a "deferral state" with a worksharing agreement allowing dual filing. Federal Title VII, ADA, and ADEA charges are timely if filed within 300 days. Although BOLI's 5-year SOL is longer, the federal 300-day clock continues to run and is not extended by Oregon's longer state period.

H. Confidentiality

BOLI investigations are confidential under OAR 839-003-0080 until and unless formal charges issue. Information is not subject to public records disclosure during the investigation phase.

I. Damages Recoverable Through BOLI

In a BOLI contested case, the Commissioner may order back pay (with interest), reinstatement, compensatory damages (including emotional distress), cease-and-desist orders, and affirmative relief (training, posting, policy changes). The Commissioner cannot award punitive damages in a BOLI contested case — those are available only in a § 659A.885 civil action.

J. Public-Accommodations and Housing Claims

Public-accommodations (§ 659A.142), housing (§ 659A.145), and vocational/career-school (§ 659A.403) claims have distinct procedural rules. Housing complaints are also referred to the U.S. Department of Housing and Urban Development under the Substantially Equivalent worksharing agreement.

K. Pro Se Filing

BOLI accepts pro se complaints. The agency's intake materials are available in multiple languages, and free interpreter services are provided. However, given the procedural complexity and election-of-remedies traps, attorney representation is strongly advised before filing.

14. SOURCES AND REFERENCES

Statutes

  • ORS Chapter 659A — Unlawful Discrimination — https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html
  • ORS § 659A.030 (protected classes) — https://oregon.public.law/statutes/ors_659a.030
  • ORS § 659A.082 (veterans) — https://oregon.public.law/statutes/ors_659a.082
  • ORS § 659A.112 (disability) — https://oregon.public.law/statutes/ors_659a.112
  • ORS § 659A.142 (public accommodations) — https://oregon.public.law/statutes/ors_659a.142
  • ORS § 659A.199 (private-employer whistleblower) — https://oregon.public.law/statutes/ors_659a.199
  • ORS § 659A.370 (Workplace Fairness Act) — https://oregon.public.law/statutes/ors_659a.370
  • ORS § 659A.820 (filing complaints; 5-year SOL) — https://oregon.public.law/statutes/ors_659a.820
  • ORS § 659A.835 (investigation) — https://oregon.public.law/statutes/ors_659a.835
  • ORS § 659A.840 (conciliation) — https://oregon.public.law/statutes/ors_659a.840
  • ORS § 659A.850 (contested case hearings) — https://oregon.public.law/statutes/ors_659a.850
  • ORS § 659A.870 (election of remedies) — https://oregon.public.law/statutes/ors_659a.870
  • ORS § 659A.875 (time limitations on civil action; HB 2957 (2025)) — https://oregon.public.law/statutes/ors_659a.875
  • ORS § 659A.880 (90-day notice) — https://oregon.public.law/statutes/ors_659a.880
  • ORS § 659A.885 (private civil action) — https://oregon.public.law/statutes/ors_659a.885

Administrative Rules

  • OAR Chapter 839, Division 003 — BOLI Civil Rights Division Procedural Rules — https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=2962

Legislation

  • Senate Bill 726 (2019) — Oregon Workplace Fairness Act — https://olis.oregonlegislature.gov/liz/2019R1/Measures/Overview/SB726
  • Senate Bill 1586 (2022) — Workplace Fairness Act amendments
  • House Bill 2957 (2025) — Revised 90-day notice mechanics — https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB2957

Agency Resources

  • BOLI Civil Rights Division landing page — https://www.oregon.gov/boli/workers/pages/discrimination-at-work.aspx
  • BOLI online complaint portal — https://complaints.boli.oregon.gov
  • BOLI for employers (respondent process) — https://www.oregon.gov/boli/employers/pages/respondent-processes.aspx
  • BOLI Technical Assistance Hotline — (971) 245-3844

Federal Cross-References

  • EEOC Seattle Field Office (Oregon coverage) — https://www.eeoc.gov/field-office/seattle/location
  • 29 C.F.R. Part 1601 (EEOC Procedural Regulations)
  • 42 U.S.C. § 2000e-5(e) (Title VII deferral-state 300-day rule)

Key Authority

  • Holien v. Sears, Roebuck and Co., 298 Or. 76 (1984) (common-law and statutory sexual harassment remedies)
  • McGanty v. Staudenraus, 321 Or. 532 (1995) (individual aiding-and-abetting liability)
  • National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation doctrine)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Oregon BOLI procedure includes time-sensitive deadlines (notably the SB 726 5-year SOL trigger date of September 29, 2019, the federal 300-day EEOC deadline, and the post-BOLI 90-day right-to-sue mechanic as amended by HB 2957 (2025)) and election-of-remedies traps under ORS § 659A.870 that can extinguish a valid claim. An attorney licensed in Oregon must review and customize this Complaint before filing.

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Civil rights cases address violations of your constitutional or federally protected rights by government officials, employers, landlords, or businesses. Most of these claims come with short deadlines and specific filing requirements. Well-drafted complaints and demand letters identify the right law, name the right parties, and preserve your claims before the clock runs out.

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