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. (1) Whether respondent had notice of the charge at the time of acquiring or taking over the business;
2. (2) The ability of the predecessor to provide relief;
3. (3) Whether there has been a substantial continuity of business operations;
4. (4) Whether the respondent uses the same plant as the predecessor;
5. (5) Whether respondent uses the same or substantially the same work force as the predecessor;
6. (6) Whether respondent uses the same or substantially the same supervisory personnel as the predecessor;
7. (7) Whether under respondent the same jobs exist under substantially the same working conditions as under the predecessor;
8. (8) Whether respondent uses the same machinery, equipment and methods of production as the predecessor;
9. (9) Whether respondent produces the same product as the predecessor.

Statutory/Other Authority

ORS 659A.805

Statutes/Other Implemented

659A

History

BLI 11-2015, f. & cert. ef. 8-4-15
Renumbered from 839-005-0050, BLI 7-2010, f. & cert. ef. 2-24-10
BLI 10-2002, f. & cert. ef. 5-17-02