Oregon Whistleblower Laws: Protections and How to Report

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

Private sector employees are protected under ORS 659A.199 when they report violations of state or federal law, rule, or regulation in good faith.

Public employees receive broader 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.

Private Sector Whistleblower Protections (ORS 659A.199)

Oregon Revised Statute 659A.199 is the primary whistleblower protection for private sector employees. 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

What Is Not Covered

ORS 659A.199 does not apply to public employers. Public employees are covered under the separate provisions of ORS 659A.200 through 659A.224.

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

Complaints must be filed with the Commissioner of the Bureau of Labor and Industries within 90 days of the retaliatory action.

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 441.174)

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. 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 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 Act (ORS 475B.010)

Licensees may not retaliate against employees for reporting violations of the Adult and Medical Use of Cannabis Act to the Oregon Liquor and Cannabis Commission in good faith.

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. If a complaint was filed with BOLI and later dismissed, the employee has 90 days after the dismissal notice to file in court (if fewer than 90 days remain on the statute of limitations).

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

Type of Claim	Filing Deadline	Where to File
Most ORS 659A claims (BOLI)	1 year	Bureau of Labor and Industries
Civil action (most statutes)	1 year	Circuit court
Common law wrongful discharge	2 years	Appropriate court
Occupational safety (ORS 654.062)	90 days	BOLI Commissioner
Post-BOLI dismissal civil action	90 days after dismissal	Circuit court

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