Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 5 - DISCRIMINATION
Section 839-005-0014 - Successors in Interest: Employment Discrimination
Current through Register Vol. 63, No. 3, March 1, 2024
An employer's liability for unlawful discrimination under ORS 659A.030 and OAR 839-005-0010 to 839-005-0045 extends to a successor employer. Determining whether a respondent is a successor employer involves a nine-part test. Not every element of the test need be present to find an employer to be a successor; the facts must be considered together to reach a determination:
(1) Whether respondent had notice of the charge at the time of acquiring or taking over the business;
(2) The ability of the predecessor to provide relief;
(3) Whether there has been a substantial continuity of business operations;
(4) Whether the respondent uses the same plant as the predecessor;
(5) Whether respondent uses the same or substantially the same work force as the predecessor;
(6) Whether respondent uses the same or substantially the same supervisory personnel as the predecessor;
(7) Whether under respondent the same jobs exist under substantially the same working conditions as under the predecessor;
(8) Whether respondent uses the same machinery, equipment and methods of production as the predecessor;
(9) Whether respondent produces the same product as the predecessor.
Stat. Auth.: ORS 659A.805
Stats. Implemented: 659A
