Oregon Age Discrimination: Your Rights

Quick Answer: Oregon law prohibits age discrimination against workers 18 and older—broader than federal ADEA's 40+ protection. File complaints with BOLI within 1 year or pursue private action within 5 years. Strong state protections.

Oregon provides broader age protection than federal law.

Oregon Age Protections

State Law

Oregon protects:

• Workers 18 and older
• All terms of employment
• Broader than federal ADEA
• Employers 1+ employees

Federal ADEA

Also applies:

• Workers 40 and older
• 20+ employee employers
• EEOC enforcement
• 300-day deadline

Oregon's Advantage

Broader because:

• Protects from age 18
• Covers smaller employers
• Longer filing deadline
• State enforcement

Protected Activities

Covered Decisions

Employers cannot base on age:

• Hiring
• Firing
• Promotions
• Pay
• Benefits
• Training

Exceptions

May consider age if:

• Bona fide occupational qualification
• Very limited circumstances
• Must be essential to job

Proving Age Discrimination

Direct Evidence

Clear proof:

• Age-related comments
• Age-based policies
• Written communications

Circumstantial Evidence

Pattern showing:

• Younger replacements
• Disparate treatment
• Age-related remarks

Pretext

Show employer's reason is false:

• Inconsistent explanations
• Better qualifications
• Timing suspicious

Filing Claims

BOLI Complaint

Oregon agency:

• 1-year deadline
• Investigation conducted
• Mediation offered
• Phone: 971-673-0761

Private Lawsuit

Court action:

• 5-year statute
• Full damages
• Jury trial available

EEOC

Federal option:

• 300-day deadline
• ADEA claims
• 40+ workers

Remedies

Oregon Law

May recover:

• Back pay
• Front pay
• Compensatory damages
• Punitive damages
• Attorney's fees

Federal ADEA

Provides:

• Back pay
• Liquidated damages (double)
• No compensatory damages
• Attorney's fees

Common Scenarios

Scenario 1: Layoff Selection

Situation: Only workers over 50 selected for layoff.

Analysis: Statistical pattern suggests age bias. Document selection criteria.

Scenario 2: "Fresh Perspective" Comments

Situation: Manager wants to "bring in young blood."

Analysis: Direct evidence of age bias. Document and report.

Scenario 3: Technology Training

Situation: Older workers excluded from training opportunities.

Analysis: Denying advancement opportunities based on age is illegal.

Employer Defenses

Legitimate Reasons

May argue:

• Performance issues
• Business necessity
• Qualifications difference

BFOQ Defense

Rarely applies:

• Must be essential
• Very narrowly defined
• Safety-critical roles only

Frequently Asked Questions

What age is protected?

Oregon: 18+. Federal ADEA: 40+.

What's the deadline?

BOLI: 1 year. EEOC: 300 days. Court: 5 years.

What employers are covered?

Oregon: All employers. Federal ADEA: 20+ employees.

Can I sue for age-related comments?

Comments alone may not be enough, but they're strong evidence supporting other claims.

Related Topics

• Oregon Workplace Discrimination
• Oregon Filing BOLI Complaint
• Oregon Employment Law Hub

Take Action

If facing age discrimination:

1. Document incidents
2. Note age-related comments
3. Compare treatment to younger workers
4. File BOLI complaint within 1 year
5. Consult attorney

Legal Disclaimer

This article provides general information about age discrimination in Oregon and is not legal advice. For specific advice, consult a licensed Oregon employment attorney.

For official information:

• BOLI: https://www.oregon.gov/boli | 971-673-0761