Portland Criminal Defense and Personal Injury Attorneys

Call Now: (503) 620-9887

Effective January 1, 2017,
Gilroy & Napoli, LLC and Short Law Group, P.C. have merged to form Gilroy Napoli Short Law Group LLP.

Several new Oregon anti-discrimination laws went into effect as of January 1. Here is a look at some of these laws, along with recommendations for employers.

Three new laws will bring Oregon’s code in line with federal statutes prohibiting discrimination based on a disability, military service or whistle-blowing.

Disability discrimination:

The new Oregon law, approved by the Legislature when it was Senate Bill 874, is intended to keep the state consistent with the federal ‘Americans with Disabilities Act.’ The new law contains four key changes:

• prohibits discrimination against individuals “regarded as” disabled, whether or not their perceived impairment limits a major life activity;

• construing the term “disability” in favor of broad coverage;

• considers an impairment that is episodic or in remission to be a disability if it would substantially limit a major life activity when active; and

• determining whether an impairment substantially limits a major life activity without regard to the effects of mitigating measures except ordinary eyeglasses.

Major life activities include, but are not limited, to: self-care, ambulation, communication, employment and ability to acquire, rent or maintain property. These are activities that the average person in the general population can perform with little or no difficulty.

For example, most people can walk three blocks with little difficulty. An inability to do so could be considered a disability. In contrast, the average person cannot walk 10 miles without growing fatigued. The inability to perform this activity would not constitute a disability.

Why you need to know: Companies employing fewer than 15 people have in the past not been subject to these rules under federal law. However, the Oregon law now applies to employers of six or more employees. Find out more about employment discrimination in Portland.

Military service discrimination

Earlier this year, the Oregon Military Family Leave Act went into effect. It allows spouses of members of the Armed Forces, National Guard or Military Reserve up to 14 days of unpaid leave per deployment if they work for an employer that employs more than 25 people.

On January 1, 2010 a second law dealing with discrimination based on military service goes into effect: HB 3256. It will be the first Oregon state law that mirrors the federal Uniformed Services Employment and Reemployment Rights Act, which prohibits employment discrimination against service members and veterans. The new state law makes it unlawful for an employer to discriminate against a veteran in initial employment, reemployment following deployment, retention in employment, promotion, or any other term, condition, or privilege of employment, or to retaliate against the service member for exercising the rights provided by the new law.

Why employers need to know: The OMFLA provides greater rights than the federal Family and Medical Leave Act.

Formerly, the FMLA applied only to employers with more than 50 employees; the new Oregon law applies to employers with 25 or more employees.

The state anti-discrimination law HB 3256 was created in part because state legislators hoped to make it easier to bring valid claims against offending employers, and few veterans could afford to enforce their federal rights against a non-complying, non-cooperative employer. Under the new law, employees can more easily and affordably file both administrative complaints with the Bureau of Labor and Industries and lawsuits in court.

Whistle-blowing

Another new Oregon law, HB 3162, makes it unlawful for an employer to discharge or otherwise penalize an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for reporting in good faith information that the employee believes is evidence of a violation of a state or federal law, rule or regulation. It is important to note that the employee need not be right; rather, it is the good faith belief that triggers this protection.

Why employers need to know: The new law is an expansion of current whistle-blower protections in Oregon.

Until now, Oregon law has prohibited discrimination against an employee for initiating or aiding in criminal or civil proceedings. The new law expands protection to cover complaints about violations of any state or federal law, rule or regulation regardless of severity. This means, for example, that an employee’s complaint about another employee exceeding the speed limit while driving a company car could be protected under the new law.

The new whistle-blower law broadens the protections available to employees. For example, a claim for wrongful termination that fails because the employee’s report of a violation was not a job-related right of the nature sufficient to support that claim, could now be brought under the new law instead. Also, the new law applies even to employers with only one employee.

Employers can find out more by visiting www.leg.state.or.us/bills_laws/home.htm.

Also, the Equal Employment Opportunity Commission has now revised its “Equal Opportunity Employment is the Law” poster to include information about the federal Genetic Information Nondiscrimination Act, which went into effect on November 21. The poster meets the posting requirement under federal law prohibiting job discrimination and can be downloaded by visiting www1.eeoc.gov/employers/poster.cfm.

Gilroy & Napoli Reviews

"I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I travelled from Hawaii to deal with my case and made a point to interview several different firms. I felt instantly comfortable with John and his staff and never felt judged or looked down upon. Since I live across the Pacific Ocean and am not in state to deal with this legal matter, finding the right lawyer and firm was essential. My requirements were the following: knowledge of the law, loads of experience, amicable connections, excellent communication, likability, cost and ability to think outside the box. John Gilroy far exceeded my expectations on all accounts. His resume, experience and knowledge of the legal system are outstanding and his contacts and connections saved me both time and money. The amount I saved from his thinking outside of the box and directing me clearly on what to do covered more than his fees; I ended up saving money by using Gilroy and Napoli. He's also a very nice guy. This may not seem important; however, having a lawyer who has a good reputation among his peers and colleagues is necessary. Many lawyers will reference that they know everyone in the system, but he genuinely does. His professional history outlines it and my experience proves it. I highly recommend John Gilroy and Gilroy & Napoli."

"Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this process was choosing John Gilroy to represent me"

"Things are very different from the laws in our home state. My wife found Jeff and John through Google and it was the best find ever. Jeff met with us and explained how the laws are administered, what to expect worst case and what he thought would be the outcome; (we came out better than expected). More importantly, he promised no surprises: and he delivered. The entire office was extremely professional, instilling the confidence we needed in a time when calm and reason are called for. Jeff Napoli is by far the most competent attorney I have witnessed and he knows the law. Jeff is very highly respected in the Washington County legal environment and for good reason. Thank you Jeff and thanks to the entire office."

"To anyone reading this take the time and make the call. It will change your life. Before talking to Mr. Napoli, I felt like I was all alone with no one in my corner. The staff at Gilroy & Napoli are so attentive to specific needs, I never felt alone. The strong and powerful feeling you need to fight your battle is there. Please call them. Let them hear your story. Don't be afraid. It was by far one of the most important calls I have ever made and will never ever be more thankful for their hard work."

"From the beginning John was straightforward, knowledgeable, and concerning. John helped me understand the process, and through his knowledge and experience was able to help me make complicated decisions. Considering that a measure 11 conviction carries a mandatory minimum sentence of 5 years 10 months in prison, the fact that John was able negotiate a significantly less sentence and a class of felony that would be expungeable was a good outcome considering the above mentioned possibility. After my release I sought John's representation again to have the felony expunged from my record, and again he delivered. Thank you John, I cannot say that enough!"

"I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, but I knew our family needed immediate legal help. I was greeted by the calm, kind and friendly voice of John Gilroy. He gave me information, advice and answered all my questions. I soon found that John was a family man who wanted nothing but the best for us. He took charge, worked hard and kept us informed every step of the way. John is well known and respected and he knows what needs to be done and how to do it.Of course you never want to make the call to an attorney, but if you have to, make it to a friend...Gilroy and Napoli."

“I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I . . . .

I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I travelled from Hawaii to deal with my case and made a point to interview several different firms. I felt instantly comfortable with John and his staff and never felt judged or looked down upon. Since I live across the Pacific Ocean and am not in state to deal with this legal matter, finding the right lawyer and firm was essential. My requirements were the following: knowledge of the law, loads of experience, amicable connections, excellent communication, likability, cost and ability to think outside the box. John Gilroy far exceeded my expectations on all accounts. His resume, experience and knowledge of the legal system are outstanding and his contacts and connections saved me both time and money. The amount I saved from his thinking outside of the box and directing me clearly on what to do covered more than his fees; I ended up saving money by using Gilroy and Napoli. He's also a very nice guy. This may not seem important; however, having a lawyer who has a good reputation among his peers and colleagues is necessary. Many lawyers will reference that they know everyone in the system, but he genuinely does. His professional history outlines it and my experience proves it. I highly recommend John Gilroy and Gilroy & Napoli.”

“Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this pro. . . .

Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this process was choosing John Gilroy to represent me”

“Things are very different from the laws in our home state. My wife found Jeff and John through Googl. . . .

Things are very different from the laws in our home state. My wife found Jeff and John through Google and it was the best find ever. Jeff met with us and explained how the laws are administered, what to expect worst case and what he thought would be the outcome; (we came out better than expected). More importantly, he promised no surprises: and he delivered. The entire office was extremely professional, instilling the confidence we needed in a time when calm and reason are called for. Jeff Napoli is by far the most competent attorney I have witnessed and he knows the law. Jeff is very highly respected in the Washington County legal environment and for good reason. Thank you Jeff and thanks to the entire office.”

“To anyone reading this take the time and make the call. It will change your life. Before talking to . . . .

To anyone reading this take the time and make the call. It will change your life. Before talking to Mr. Napoli, I felt like I was all alone with no one in my corner. The staff at Gilroy & Napoli are so attentive to specific needs, I never felt alone. The strong and powerful feeling you need to fight your battle is there. Please call them. Let them hear your story. Don't be afraid. It was by far one of the most important calls I have ever made and will never ever be more thankful for their hard work.”

“From the beginning John was straightforward, knowledgeable, and concerning. John helped me understan. . . .

From the beginning John was straightforward, knowledgeable, and concerning. John helped me understand the process, and through his knowledge and experience was able to help me make complicated decisions. Considering that a measure 11 conviction carries a mandatory minimum sentence of 5 years 10 months in prison, the fact that John was able negotiate a significantly less sentence and a class of felony that would be expungeable was a good outcome considering the above mentioned possibility. After my release I sought John's representation again to have the felony expunged from my record, and again he delivered. Thank you John, I cannot say that enough!”

“I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, . . . .

I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, but I knew our family needed immediate legal help. I was greeted by the calm, kind and friendly voice of John Gilroy. He gave me information, advice and answered all my questions. I soon found that John was a family man who wanted nothing but the best for us. He took charge, worked hard and kept us informed every step of the way. John is well known and respected and he knows what needs to be done and how to do it.Of course you never want to make the call to an attorney, but if you have to, make it to a friend...Gilroy and Napoli.”

Gilroy Napoli Short LLP

12755 SW 69th Ave #201
Portland, OR 97223
Phone:
503-620-9887

Fax:
503-620-4884

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Gilroy Napoli Short LLP is a full-service law firm providing exceptional legal representation to clients in Oregon and the greater Portland metro area.