Oregon (OR) Age Discrimination Law in the Workplace

August 21st, 2006 Posted by Ashley

If you work in Oregon and have a concern about age discrimination on the job, the state’s Civil Rights Division reminds you that there are a number of ways to file a complaint. The first might be an internal grievance program where you work. After that, you have the possibility of filing with the Oregon Bureau of Labor and Industry’s Civil Rights Division. Workers with a company that has one or more employees are covered under state law, with some exceptions. For this, the minimum age for protection under state laws is 18.

Steps for filing through the Bureau of Labor and Industry include contacting a local bureau office and leaving contact information for an “intake officer.” That officer may be able to tell you immediately if you have a foundation for filing the discrimination complaint. This person may also be able to refer you to the proper agency if the bureau cannot help you.

After you fill out a required form/questionnaire, the bureau can determine if there is a basis for your complaint. If this complaint is covered by both federal and state law, the Bureau of Labor and Industry will file a copy of the paperwork with the federal Equal Employment Opportunity Commission (EEOC). The process can include a fact-finding conference, a conciliation meeting, and/or administrative hearing.

One legal scholar sets the passage of the Social Security Act in 1935 as a beginning for treating older people differently in the workplace, and emphasizes that the federal Age Discrimination in Employment Act (ADEA) has become very complex. Originally, this law set the age limit for covered workers at 40 to 65. I discovered that the limit was changed to 70, and then eliminated for some workers.

Oregon had a form of age discrimination law in place as early as 1959, with protection beginning at age 18. One recent case involved a man who worked for a large company for more than 20 years, and when he was told the branch was moving to another state, he found that the company thought he might not be the right person to stay on the job. This worker was over 50 and concerned about retirement benefits as well continued employment.

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Posted in Discrimination, Employment Laws, Hostile Environment, Oregon

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