Oregon Whistleblower Laws: Protections and How to Report

Oregon protects both public and private employees from workplace retaliation for reporting violations of law in good faith. ORS 659A.199 applies to employers generally, including public bodies, and public and nonprofit employees receive additional disclosure protections under ORS 659A.203. Employees need only a good faith belief that a violation occurred, not proof.

Overview of Oregon Whistleblower Laws

Oregon is an employment-at-will state, but the state legislature and courts have created robust protections for employees who report illegal activity, workplace safety hazards, and government misconduct.

Oregon stands out among states for the breadth of its whistleblower protections. The state has at least seven separate whistleblower statutes within ORS Chapter 659A alone, plus additional protections in workplace safety, healthcare, and cannabis regulation statutes. These laws cover both public and private sector employees.

A key feature of Oregon's whistleblower laws is that employees do not need to prove their reports were accurate. They only need to show they had a good faith belief that a violation occurred when they made the report.

Federal whistleblower laws provide additional coverage for Oregon employees. For more information, see the Federal Whistleblower Laws page.

Who Is Protected Under Oregon Whistleblower Laws

Employees of any employer are protected under ORS 659A.199 when they report violations of state or federal law, rule, or regulation in good faith. The Oregon Court of Appeals confirmed in Burley v. Clackamas County, 298 Or App 462 (2019), that the statute reaches public employers as well as private ones.

Public and nonprofit employees receive additional protections under ORS 659A.203, covering reports of legal violations, mismanagement, waste of funds, abuse of authority, and dangers to public health and safety.

All employees are protected under ORS 659A.230 for reporting criminal activity, cooperating with law enforcement, filing civil proceedings, or testifying in criminal cases.

Additional protections apply to healthcare workers, nursing staff, employees in assisted living facilities, adult foster home workers, cannabis industry employees, and others.

Common Law Whistleblower Protections

Oregon courts recognize a public policy exception to the at-will employment doctrine. Employers cannot fire employees for reasons that violate clearly established public policy as expressed in constitutional provisions, statutes, or court decisions.

Oregon common law generally protects employees who:

• Report suspected physical abuse of vulnerable persons
• File workers' compensation claims
• Refuse to commit perjury or provide false testimony
• Refuse to disclose a customer's confidential information in violation of law
• Report dangerous working conditions to the appropriate authorities
• Refuse to make false accusations against a fellow employee

Common law wrongful discharge claims must be filed within two years of the retaliatory action.

General Whistleblower Protections (ORS 659A.199)

Oregon Revised Statute 659A.199 is Oregon's general whistleblower protection statute. It makes it unlawful for any employer to discharge, demote, suspend, or otherwise discriminate or retaliate against an employee who, in good faith, reports information the employee believes is evidence of a violation of state or federal law, rule, or regulation.

Key Features

• The employee does not need to report directly to a supervisor to be protected
• The report does not need to be substantiated; a good faith belief is sufficient
• The protection applies regardless of whether the report leads to any enforcement action
• Protection extends to reporting a wide range of potential violations, including workplace safety issues, harassment, wage and hour violations, and unfair business practices

Scope of Coverage

ORS 659A.199 is not limited to private employers. In Burley v. Clackamas County, 298 Or App 462 (2019), the Oregon Court of Appeals affirmed a jury verdict against a county under this statute, reasoning that ORS 659A.001 defines "employer" to include a public body. Public and nonprofit employees can rely on the separate and broader disclosure provisions of ORS 659A.200 through 659A.224 as well; ORS 659A.203(4) states that its remedies are "in addition to any remedy provided to an employee under ORS 659A.199."

Public Employee Whistleblower Protections (ORS 659A.203)

Public employees and employees of nonprofit organizations receive expanded protections under ORS 659A.203. This statute prohibits any disciplinary action against employees who:

• Discuss the activities of any state agency or representatives with members of the Legislative Assembly, committee staff, or other relevant state representatives
• Disclose information about violations of state or federal law, rule, or regulation by the employer
• Report mismanagement or gross waste of public funds
• Report an abuse of authority
• Report a substantial and specific danger to public health or safety
• Disclose information that a person receiving state services or benefits is subject to an arrest warrant

Employers cannot require employees to notify management before making these disclosures. This is a significant protection that encourages reporting through any channel the employee deems appropriate.

Violation of this statute is a Class A misdemeanor.

Protection for Aiding Criminal or Civil Proceedings (ORS 659A.230)

Under ORS 659A.230, it is unlawful for an employer to discharge, suspend, or discriminate against an employee for:

• Reporting another person's criminal activities in good faith
• Filing or assisting in filing a complaint against another person
• Cooperating with any law enforcement agency conducting a criminal investigation
• Bringing a civil proceeding against the employer
• Testifying in a criminal proceeding or trial

This statute applies to all employers, public and private.

Occupational Safety and Health Protections (ORS 654.062)

The Oregon Safe Employment Act, at ORS 654.062(5), prohibits employers from retaliating against employees who:

• Oppose practices forbidden by the Oregon Safe Employment Act
• File complaints, testify in proceedings, or institute proceedings under safety laws
• Exercise any right under workplace safety laws
• Report assaults that took place at a health care employer's premises or in a patient's home

Under ORS 654.062(6), an employee may file a complaint with the Commissioner of the Bureau of Labor and Industries within one year after the employee has reasonable cause to believe the violation occurred. The 90-day period in that subsection is the commissioner's deadline to notify the complainant of a determination, not the worker's filing window. A civil action under this section must also be commenced within one year.

Oregon OSHA also investigates whistleblower complaints involving workplace safety retaliation.

Additional Statutory Protections

Discrimination (ORS 659A.030)

No person may retaliate against another for opposing unlawful discriminatory practices, filing a complaint, or testifying in proceedings under Oregon's civil rights laws. Protected classes include race, color, religion, sex, sexual orientation, national origin, marital status, and age (18+). Complaints should be filed with the Oregon Civil Rights Division.

Disability Discrimination (ORS 659A.109, 659A.106)

Employers with six or more employees may not retaliate against individuals for applying for benefits, invoking procedures, or giving testimony under Oregon's disability discrimination laws.

Family Leave (ORS 659A.183, 659A.153)

Employers with 25 or more employees may not retaliate against workers for inquiring about, requesting, or exercising rights under Oregon's family leave laws, which cover care for newborns, adopted children, family members with serious health conditions, and bereavement.

Nursing Staff Protections (ORS 441.181-441.186)

Hospitals may not retaliate against nursing staff who report violations of law, rules, or professional standards that pose risks to patient or public safety; provide information during investigations; or participate in peer review processes (ORS 441.181). Nursing staff must generally notify a hospital manager first, unless the manager is already aware of the violation and an emergency exists, or the employee fears physical harm.

Remedies for nursing staff under ORS 441.183 include injunctive relief, reinstatement, back pay with interest, fringe benefits, seniority rights, litigation costs, expert witness fees, attorney's fees, and punitive damages.

Abuse in Assisted Living Facilities (ORS 430.755)

No facility, program, or person may retaliate against anyone for reporting suspected abuse of an assisted living facility resident in good faith. Violators face actual damages plus a penalty of up to $1,000.

Adult Foster Homes (ORS 443.765)

Owners or operators of adult foster homes may not retaliate against employees for filing complaints with the licensing agency or being interviewed about complaints. Civil penalties range from $100 to $250 per violation, or $100 to $1,000 if abuse is substantiated.

Employee Housing (ORS 659A.259)

Employers may not retaliate against employees for filing complaints about employee housing conditions or inviting authorized persons to residential areas. Complaints should be filed with the Commissioner of the Bureau of Labor and Industries.

Leave for Criminal Proceedings (ORS 659A.194)

Employers may not retaliate against employees for taking leave to attend criminal proceedings.

Oregon Military Family Leave Act (ORS 659A.096)

Employers may not retaliate against employees for inquiring about, requesting, or exercising rights under the military family leave act, which provides leave to spouses of active duty military members.

Minimum Wages and Overtime (ORS 653.060)

Employers may not retaliate against employees for inquiring about, filing complaints about, or testifying regarding minimum wage and overtime laws.

Wage Claims (ORS 652.355)

Employers may not retaliate against employees for making wage claims, consulting attorneys about wage issues, instituting proceedings, or reporting maximum working hours violations.

Workers' Compensation (ORS 659A.040)

Employers with more than five employees may not discriminate against workers for filing workers' compensation claims, invoking procedures, or giving testimony under workers' compensation laws.

Cannabis and Psilocybin (ORS 475C.285, ORS 475A.489)

Cannabis licensees may not retaliate against an employee who in good faith reports information to the Oregon Liquor and Cannabis Commission that the employee believes is evidence of a violation of the Adult and Medical Use of Cannabis Act (ORS 475C.285, renumbered from ORS 475B.281 in 2021). A parallel provision, ORS 475A.489, protects employees of psilocybin licensees who report to the Oregon Health Authority. Both sections are enforced under ORS chapter 659A.

How to File a Whistleblower Complaint in Oregon

Oregon offers two main paths for filing whistleblower retaliation complaints:

File with BOLI

The Bureau of Labor and Industries (BOLI) enforces whistleblower protections under ORS Chapter 659A. Complaints must be filed within one year of the retaliatory action.

Contact BOLI at 971-673-0761 or through the Oregon Civil Rights Division website.

File a Civil Action

Employees may also file a civil lawsuit directly in circuit court within one year of the retaliatory action. Under HB 2957 (effective June 24, 2025), once BOLI issues a notice on a complaint, the civil-action window depends on how BOLI resolved it. If BOLI found no substantial evidence of a violation, the employee gets a full one year from the notice if more than a year remained on the original statute of limitations, the remainder of that original period if between 90 days and a year remained, or 90 days if less than 90 days remained. BOLI's handling of a complaint can no longer shrink an employee's filing window below what the statute otherwise provides. Both paths run on a one-year clock, so get a free case evaluation from an Oregon employment lawyer on filing with BOLI or going straight to circuit court (attorney advertising).

Remedies for Whistleblower Retaliation

Under most Oregon whistleblower statutes, a court may award the following relief under ORS 659A.885:

• Injunctive relief to stop the retaliatory conduct
• Reinstatement or hiring with or without back pay
• Costs and reasonable attorney's fees
• Any other equitable relief the court deems appropriate

Back pay may be limited to two years from the date of filing.

Some statutes provide additional remedies. Nursing staff, for example, may receive punitive damages. Facilities that retaliate in assisted living or adult foster home settings face civil penalties.

Federal Whistleblower Protections That Apply in Oregon

Oregon employees also benefit from federal whistleblower statutes, including:

• Sarbanes-Oxley Act (SOX): Protects employees of publicly traded companies who report securities fraud
• False Claims Act (31 U.S.C. 3729-3733): Allows qui tam lawsuits against entities that defraud federal programs
• OSHA Section 11(c): Protects workers who report workplace safety violations to federal OSHA
• Dodd-Frank Act: Protects employees who report financial or securities fraud to the SEC
• Title VII of the Civil Rights Act: Protects employees from retaliation for reporting discrimination

For more details, visit the Federal Whistleblower Laws page.

Statute of Limitations Summary

More Oregon Laws

• Oregon At-Will Employment Laws
• Oregon Employee Monitoring Laws
• Oregon Final Paycheck Laws
• Oregon Workers Compensation Laws

Frequently Asked Questions

Does Oregon protect private sector whistleblowers?

Yes. ORS 659A.199 protects employees from retaliation for reporting, in good faith, information they believe is evidence of a violation of a state or federal law, rule, or regulation. It covers private sector employers, and the Oregon Court of Appeals held in Burley v. Clackamas County (2019) that it applies to public employers too. Additional statutes protect private sector employees in specific contexts such as workplace safety, wage claims, and discrimination.

Do I have to be right about the violation I reported to be protected in Oregon?

No. Oregon law only requires that you have a good faith belief that a violation occurred at the time you made the report. The report does not need to be substantiated, and enforcement authorities do not need to take action on the report for you to be protected from retaliation.

How long do I have to file a whistleblower retaliation complaint in Oregon?

Most complaints filed with the Bureau of Labor and Industries (BOLI) must be submitted within one year of the retaliatory action. Civil lawsuits also generally must be filed within one year. Occupational safety complaints under ORS 654.062 also carry a one-year deadline, measured from when the employee had reasonable cause to believe the violation occurred. Common law claims allow up to two years.

What remedies are available to Oregon whistleblowers who face retaliation?

Remedies typically include injunctive relief, reinstatement with or without back pay, costs, and reasonable attorney's fees. Some statutes provide additional remedies such as punitive damages (for nursing staff) or civil penalties (for assisted living and adult foster home settings). Back pay may be limited to two years from the filing date.

Where do I file a whistleblower complaint in Oregon?

You can file with the Bureau of Labor and Industries (BOLI) at 971-673-0761 or through the Oregon Civil Rights Division. You may also file a civil lawsuit directly in circuit court. For workplace safety complaints, you can contact Oregon OSHA. For discrimination complaints, file with the Oregon Civil Rights Division.