Current through Register Vol. 63, No. 12, December 1, 2024
(1) Any individual, or individual's
representative, who believes an individual has been discriminated
against, harassed, excluded from participation or denied the benefit
of programs, services, or activities because the individual is a
member of a protected class may file a report of discrimination based
on protected class.
(a) The
Authority shall accept anonymous reports and investigate them to the
extent possible.
(b) The
Authority shall maintain confidentiality when conducting
investigations to the extent possible.
(c) The Authority shall ask the
reporter or affected individual to sign a release of information
indicating authorization for the Authority to access information to
assist the investigation.
(2) The Authority shall accept a
report of discrimination based on a request for reasonable
modification only if:
(a) The
request for reasonable modification, including requests for auxiliary
aids or services, an interpreter, or an alternate format
communication, was made as provided for in these rules; and
(b) The final result
under these rules was a denial or provision of an alternate
modification that the requester believes to be inadequate.
(3) A report of
discrimination shall be filed within 180 days of the date of the
alleged discrimination unless good cause exists for the delay in
reporting.
(4) The
Authority shall accept a report of discrimination on the Authority's
form, in a verbal report or in any other format that contains enough
information to allow the Authority to investigate the report.
(a) A report of discrimination may
be submitted to any Authority office, in person, by phone, fax or
electronically.
(b) Any
Authority employee who receives a report of discrimination based on
protected class shall notify OEI in accordance with approved
Authority policies and processes.
(c) OEI or its designee shall
coordinate and conduct investigations related to reports of
discrimination.
(5) A complete report of
discrimination includes:
(a) The
name of all parties involved, including any witnesses.
(b) A specific and detailed
description of the conduct or action that the individual believes is
discriminatory or harassing.
(c) The name and location of the
building or facility the individual was unable to access or the
program, service, or activity in which the individual was denied
participation.
(d) The
date or time period in which the discrimination or harassment
occurred.
(e) A
description of the remedy the client or the individual filing the
report desires.
(f) A
statement of good cause that justifies waiving the time limit, if
more than 180 days have passed since the discrimination or harassment
occurred.
(6)
Authority staff shall assist reporters and make every effort to
obtain a complete report.
(7) The Authority shall investigate
all reports of discrimination to the fullest extent possible.
(a) All investigations shall
include an interview with the individual filing the report, when that
individual is known.
(b)
All Authority employees shall fully cooperate with investigations.
(8) The
Authority shall provide as requested, at no cost to the parties,
reasonable modifications or alternate means of participation in order
to aid the investigation. Such modifications or alternate means
include but are not limited to the provision of an interpreter or
written material in large print.
(9) Within seven days of receiving
a report of discrimination based on protected class, the Authority
shall provide written notification to:
(a) The individual who was
allegedly discriminated against or harassed, the individual's
representative, or the reporter, if different.
(b) The alleged perpetrator in
accordance with the respective collective bargaining agreements and
related state policies.
(c) The notice to the alleged
perpetrator shall state that retaliation is prohibited.
(10) When the
investigation is complete, the Authority shall provide written
notification to the:
(a) Individual
who filed the report.
(b)
Individual who was allegedly discriminated against or harassed, or
the individual's representative, if different from (a).
(c) The alleged perpetrator in
accordance with appropriate collective bargaining agreements and
related policies.
(11) The closing notice shall
include, as appropriate:
(a) The
findings of the investigation.
(b) An explanation about the
process and timelines for a request for reconsideration.
(12) When the Authority
substantiates a report of discrimination or harassment, the Authority
shall take prompt and appropriate action in accordance with policy,
contracts, and collective bargaining agreements.
(13) Authority employees who
violate these rules may be subject to disciplinary action up to and
including termination from state service.
(14) The remedies provided under
these rules are in addition to other remedies available under state
or federal rule or law, except where exhaustion of these remedies is
a requirement of seeking remedies in another forum.
(15) The Authority shall make
available:
(a) Information about an
individual's right to file a complaint with the other entities,
including the U.S. Department of Justice (USDOJ), U.S. Department of
Health and Human Services Office of Civil Rights (OCR), and the
Oregon Bureau of Labor and Industries (BOLI); and
(b) Applicable timelines for
reporting complaints of discrimination and harassment with other
entities.
(16) These rules and remedies do
not create a contested case subject to judicial review.
Stat. Auth.: ORS
413.042
Stats. Implemented: ORS
413.042
