A BRIEF Overview

Employment rights arise under both state and federal laws.

Sometimes those laws are similar. Sometimes they are not.

Oregon is a fairly progressive state, so actually has greater protections in most areas of employment law than are provided under federal law. Higher minimum wage Greater leave protections More protected status categories

Your employer may not make employment decisions (hiring/firing, discipline, suspension, promotions/demotions, etc.) about you OR harass you based on your: Race, color, national origin (Title VII) Sex (Title VII) Religion or creed (Title VII) Age if you are over 40(ADEA) Disability, record of disability, or being regarded

as having a disability (ADA) Veteran status or taking leave for military

service (USERRA) Use or planned use of FMLA leave (FMLA) Participating in union activities or engaging in

protected concerted activities (NLRA)

Your employer may not make employment decisions about you or harass you based on your: Race, color, national origin, sex, religion or

creed, age (over 18), sexual orientation, gender identity, marital status, injured workers (ORS Ch. 659A)

Disability, record of disability, or being regarded as having a disability (ORS Ch. 659A)

Use or planned use of OFLA leave (OFLA) Participating in union activities or engaging in

protected concerted activities (PECBA) Jury duty or witness testimony A bunch of other miscellaneous categories (see

http://www.boli.state.or.us/BOLI/TA/T_FAQ_Protected_Classes_Chart_2008.pdf if you want to know more).

Harassment is defined under both federal and Oregon law as conduct that is: Unwelcome Based on a status protected by applicable law A tangible employment action (hiring/firing,

etc.) OR behavior that is sufficiently severe and/or pervasive to interfere with work performance or that creates a hostile work environment.

A hostile work environment is: An environment in which a pattern of

offensive behavior (based on a protected status) is involved.

Examples of typical harassment:Requests or demands for sexual activity in

exchange for some tangible employment action (hiring/firing, etc.)

Unwelcome physical touching of any kind.Use of derogatory terms or gestures, based

on any protected status, whether in person or online (email, websites, etc.)

Inappropriate or offensive visuals (e.g., calendars, porn websites or screensavers, graffiti, etc.)

The Americans with Disabilities Act of 1990 (with amendments in 2008) provides two basic rights:An employer cannot discriminate against or

harass you because you have a disabilityAn employer must provide reasonable

accommodation to you, unless it would create an undue hardship on the employer

Under the ADA, a person with a disability is an individual who: Has a physical or mental condition that

substantially limits one or more major life activities;

Has a record of having such a disability; or Is regarded as having such a disability

(whether the person actually has one or not)

Major life activities include: Walking, talking, speaking, hearing, reading,

bending, communicating, etc. Functions of the digestive, immune, bladder,

bowel, reproductive, circulatory, etc.

A “qualified individual with a disability” is someone who can perform the essential functions of the job with or without accommodation.

The type of accommodation needed depends on the facts in a given situation.

There are three main types: changes to the job application process, changes to the work environment or

procedures, and changes to enable the employee to enjoy equal

privileges and benefits.

Examples of possible reasonable accommodations: Changes to the physical work environment

(ramps, furniture, handicap access bathrooms, etc.)

Job restructuring (work at home, changes to schedules, part-time work, short shifts, etc.)

Unpaid leave for medical purposes Changes to workplace policies (allowing

service animals, prohibiting fresh flowers, etc.) Reassignment of non-essential functions of the

job to other positions Changes to training programs or environments

The key thing to remember with accommodation is COMMUNICATION.

Your employer must work together with you to develop an accommodation that works for your situation.

You are not entitled to every accommodation you want, but you are entitled to accommodations that help you perform your duties.

OFLA and FMLA provide up to 12 weeks of unpaid leave (maybe more in some cases) for the following purposes: For your own serious health condition, including

pregnancy-related medical conditions (both) To care for a spouse, child, or parent with a

serious health condition (FMLA) To care for a domestic partner, parent-in-law,

grandparent or grandchild with a serious health condition (OFLA)

To care for a newly born, newly adopted, or newly fostered child (both)

To care for a sick, but not seriously ill, child (OFLA)

To qualify for FMLA/OFLA leave you must: Work for an employer with at least 50

employees (FMLA) or an employer with at least 25 employees (OFLA)

Work for at least 180 days continuously (OFLA) Work for 12 months total (FMLA)

Your employer is required to: Post information about FMLA/OFLA leave Provide notice about your rights (FMLA) Refrain from discriminating or retaliating

against you in any way, including firing you, because you ask about or take FMLA/OFLA leave

Return you to your job (OFLA) or a significantly similar job (FMLA) when you return from leave

Recent changes to FMLA now also provide that spouses, children, parents, and next of kin can take up to 26 weeks of leave to care for a member of the Armed Forces who is seriously ill or injured.

In addition, it provides that such individuals can take up to 12 weeks of protected leave for a “qualifying exigency” that is related to their loved one’s active duty service.

For more information on this, check out http://www.dol.gov/esa/whd/fmla/finalrule/factsheet.pdf.

Schools may require teachers to take more leave than necessary when the period of leave will begin within five weeks before the end of the school term.

If the teacher would be on leave for more than 20% of the total working days for the applicable period, the school can require the teacher to take shorter chunks of leave or transfer to temporarily transfer to an alternative position.

Most public school districts in Oregon are unionized. This means that not only are there laws that apply to you, but there is also a collective bargaining agreement (CBA). This is an agreement that is usually renegotiated

between the school and the union every few years. It usually covers all manner of employment issues,

including wages, promotions, transfers, discipline, etc.

It ALSO includes requirements regarding how complaints or alleged violations of the agreement must be handled. Usually requires a process: e.g., informal decision at supervisor level, formal decision by administration, arbitration.

An employer is required by law to abide by the agreement. If you have a complaint or believe the CBA has been violated, you are supposed to report it to your union representative.

Every CBA is different! And it may change over time as negotiated by the parties. But it will be enforced by law.

Keep copies of all employment contracts, evaluations, notices, and other employment-related documents.

Keep copies of anything related to your wages, particularly any extra duties that do not fall under your contract.

Read your school’s policies. Read your collective bargaining agreement and

know how to enforce your rights under it. Report any inappropriate behavior you

experience (or that you observe) to your supervisor. If your supervisor is the one you would complain about, then report the behavior to another person on the administrative level. Document any such reports.

Keep copies of any visual or written harassment.

For more information about your employment rights, look at the following websites: Oregon discrimination and leave laws: Oregon

Bureau of Labor and Industries (BOLI): www.boli.state.or.us

Oregon collective bargaining laws: Employment Relations Board: http://www.oregon.gov/ERB/index.shtml

Federal discrimination laws: Equal Employment Opportunity Commission (EEOC): www.eeoc.gov

Federal wage and leave laws: Federal Department of Labor (DOL): www.dol.gov

These sites also contain information about how to file complaints regarding employer actions.