Treatment FAQ

what is equitable treatment but not equal treatment law oregon

by Mr. Brandt Pollich III Published 3 years ago Updated 2 years ago
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Does equitable treatment mean treating everyone the same?

Equitable treatment does not necessarily mean treating everyone the same. Treating people fairly may require different approaches that do not imply a lesser standard of performance. What is Equity? What is Diversity?

What is fairness and equitable treatment?

Fairness and Equitable Treatment: Each person matters as an individual. Decisions and actions must consider the dignity and rights of the individual to be considered to be fair. Equitable treatment does not necessarily mean treating everyone the same.

What is Oregon’s Equal Pay law?

Under Oregon’s equal pay law, employers must compensate jobs of a “comparable character” at the same rate, unless specific factors permitted by statute account for the difference. The law also expands equal pay requirements to all members of a protected class, not just sex and gender.

What does the Oregon Equality Act say about discrimination?

(Note that this is different than the definition for family members covered under the Oregon Family Leave Act.) The Oregon Equality Act prohibits discrimination based on sexual orientation and gender identity in employment, as well as housing and places of public accommodation. The law includes a narrow religious exemption. ORS 659A.030.

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What is the Oregon law against discrimination?

Oregon law protects you from discrimination based on race, color, religion, sex, sexual orientation, national origin, marital status, age if the individual is 18 years of age or older, individual's juvenile record that has been expunged pursuant to ORS 419A.

What is the Oregon Equal Pay Act?

The OEPA prohibits Oregon employers from discriminating against employees when paying wages based on various protected classes. These include sex, race, color, national origin, age, religion, marital status, sexual orientation, disability, or veteran status. This provision applies to all forms of compensation.

How does pay equity work in Oregon?

Every worker must get equal pay for equal work regardless of your gender, race, age, or other protected characteristics. It's illegal for your employer to pay you less than someone else because of your race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

What is the Oregon workplace Fairness Act?

Effective October 1, 2020, the Workplace Fairness Act, in part, made it unlawful for an employer to require certain employees to enter into agreements preventing them from disclosing or discussing workplace discrimination and sexual assault.

What is the difference between pay equity and pay equality?

Pay equity compares the value and pay of different jobs, such as nurse and electrician. ​Equal pay compares the pay of similar jobs.

Can my employer cut my pay Oregon?

Oregon does not have any laws addressing when or how an employer may reduce an employees wages or whether an employer must provide employees notice prior to instituting a wage reduction. However, a wage reduction can only be applied to hours worked after the change and cannot be applied to hours already worked.

What is the law on equal pay?

By law, men and women must get equal pay for doing 'equal work' (work that equal pay law classes as the same, similar, equivalent or of equal value). This means someone must not get less pay compared to someone who is both: the opposite sex. doing equal work for the same employer.

Can I reduce someone's salary?

An employer can cut employees' pay if they consent to the change to their contracts. Employees may agree to such a change if it is clear that cuts are needed and the alternative would be redundancies.

Is it illegal to talk about wages Oregon?

The law prohibits employers from inquiring about job applicants' salary history. Do not discourage employees from discussing compensation with one another. The law protects employees who want to discuss their compensation with one another.

What constitutes a hostile work environment in Oregon?

Vogele / Bio. Last Updated: November 12, 2021. Hostile work environment claims in Oregon are claims involving unlawful harassment because of sex, sexual orientation, race, age, religion, disability, national origin, and military service.

What is it called when a boss sleeps with an employee?

Fraternization occurs when two people employed by the same company interact socially outside of work and at employer functions. Depending on your company's policy, fraternization can include romantic relations between managers and subordinates and relationships between co-workers.

What does quid pro quo harassment mean?

In California, quid pro quo harassment is defined as: an employee experiencing unwelcome sexual advances, comments, demands, or other conduct of a sexual nature, that sexual conduct comes from someone higher up in the company, whether the employee's supervisor, or their supervisor's supervisor, and.

What is the law on equal pay?

By law, men and women must get equal pay for doing 'equal work' (work that equal pay law classes as the same, similar, equivalent or of equal value). This means someone must not get less pay compared to someone who is both: the opposite sex. doing equal work for the same employer.

Did the Equal Pay Act passed?

Eighteen years later, on June 10, 1963, President John F. Kennedy signed the Equal Pay Act into law. It was enacted as an amendment to the Fair Labor Standards Act of 1938, which regulates minimum wages, overtime, and child labour.

Can I sue my employer for not giving me breaks in Oregon?

Can I Sue My Oregon Employer for not Giving Me a Full 30-Minute Lunch break? Generally Yes, our lawyers can sue for short lunch breaks. Currently it appears that an employee who was provided a short lunch break can sue their employer for failing to pay wages.

Can your employer cut your pay?

An employer can cut employees' pay if they consent to the change to their contracts. Employees may agree to such a change if it is clear that cuts are needed and the alternative would be redundancies.

How do courts divide debt in Oregon?

Courts divide debts in Oregon the same way they divide assets. They are split in an equitable manner, although not always on a 50/50 basis.

What is spousal maintenance in Oregon?

Spousal maintenance provides payments by one spouse to the other for financial support. It can be for a set or open-ended amount of time. Several factors influence the amount and duration of spousal maintenance in Oregon. They include: The present and future earning capacity of each spouse.

What factors determine equitable distribution?

This will include the length of the marriage, the contributions of each spouse, tax consequences, if one spouse will be responsible for taking care of minor children, sources of future income and employability of each spouse, and so forth.

What is transitional support?

Transitional support is for a predetermined period of time to allow a spouse to return to school or receive training so that they can earn enough money to become self-supporting.

Why are some courts reluctant to grant bifurcated marriages?

Some courts are reluctant to grant bifurcated marriages because it is not judicially efficient due to the need for two court actions or trials. It can also be more expensive and drag out the process for a much longer time period.

Why are courts reluctant to consider the wishes of the child?

Most courts are reluctant to consider the wishes of the child because forcing a child to “choose” a parent is often not considered to be in the child’s best interests. A court cannot award joint custody in Oregon unless both parents agree to it.

Who approves QDRO?

The QDRO must be approved by the courts and then it is submitted to the plan administrator who must also approve it. This establishes that a spouse can be considered an alternate payee, and the account is divided according to the specifics of the QDRO.

What is equal and equitable?

Equal and Equitable are adjectives that describe sameness or evenness. Equal can refer to quantity, volume, measurement, and most other contexts involving sameness. Equitable only refers to similar treatment, whereas. To summarize,

What is the most equitable solution?

Something that is equitable does not unduly benefit one person more than any other person. Dividing the remaining food evenly amongst the three survivors is the most equitable solution. An equitable plan would consider the well-being of everyone involved, without being influenced by favoritism or outside interests.

What does "equal" mean?

What does equal mean? Equal, another adjective, has a broader meaning than equitable. Equal means even or balanced. Since something which is even or balanced is also often fair, equal can be a synonym of equitable in some circumstances.

Why is equal measures of trust and respect important?

Equal measures of trust and respect are crucial to maintaining a fulfilling and successful relationship.

What does "equitable" mean in legal terms?

Equitable also has a legal sense, where it means able to be considered as equity . Equity means a share in something, like a house, a company, or other property. This usage is rare, though, and seldom appears outside of technical legal documents.

When to use equal?

Use equal in other contexts where two things are the same.

Is "equal" a verb?

Equal can also be a verb, where it means to be the same.

How long does it take to file a complaint against a pay equity violation?

Employees who assert violations of the pay equity law may file complaints with the Civil Rights Division of the Bureau of Labor and Industries or take civil action with a private attorney within one year after the occurrence of the unlawful practice.

What is comparable work?

Comparable work means jobs that require substantially similar knowledge, skill, effort, responsibility, and working conditions in the performance of work, regardless of job description or job title. If you’re being paid differently for comparable work because of a protected characteristic (such as your sex), that’s illegal ...

Why is it illegal for an employer to pay you less than someone else?

It’s illegal for your employer to pay you less than someone else because of your race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. ...

Does Oregon have a law on employers?

All employers with one or more employees performing work in the state of Oregon must follow this law. This law covers all employees who perform work in the state of Oregon.

Do you have to factor PERS benefits into pay equity?

No. Only benefits provided to employees beyond what is required by law are required to be included as part of an employee’s compensation under the pay equity law. Since PERS benefits are dictated by Oregon law, the varying benefits provided for different tiers of PERS-covered employees do not need to be factored in employees’ total compensation.

How much estate tax is there in Oregon?

Oregon has a graduated estate tax. It starts at 10% and goes up to 16%. The amount the estate is taxed depends on how much the estate is worth after the $1 million exemption and any other exemptions are taken. Other Necessary Tax Filings.

What happens to your children if you die in Oregon?

Children in Oregon Inheritance Law. If you die intestate in Oregon, your children will get an “intestate share” of the property. The size of the share depends on how many children you have, whether their parent is your surviving spouse and whether you have any children from a prior relationship.

What happens to your spouse if you pass away in Oregon?

Under Oregon inheritance law, if you pass away intestate with a spouse, what your spouse inherits depends on whether or not you have living descendants – children, grandchildren or great-grandchildren. If you don’t have any descendants or if all your children are also your spouse’s children, then your spouse inherits all of your intestate property.

What is the next step in probate?

If the will is determined to be valid, the next step is the probate process . An individual, often an adult child or a surviving spouse, is nominated by the decedent’s will to be the executor. Once appointed, the executor has the legal authority to gather and value the assets owned by the estate, pay taxes and bills and, finally, distribute the property to the heirs. Other assets, also known as “non-probate” property, can generally be transferred to the other owner without probate.

How long after death of estate can you file Oregon state taxes?

State tax returns and payment are due nine months after the death of the estate owner. Oregon allows for a six-month extension to file your tax return, but it doesn’t extend your time to pay. The state only grants extensions to pay under special circumstances as identified by OAR 150-118-0150.

Can you inherit an estate in Oregon?

Like most states, a person who kills or abuses you cannot inherit your estate . Another common inheritance law Oregon also adheres to is treating half-blood relatives the same as full-blood relatives. For example, your half-sibling would get the same share as any other sibling.

Who takes care of the distribution of a will?

The executor takes care of the distribution of the decedent’s will. Often there are extenuating factors, but if you can help it, it’s best not to die intestate and put your loved ones through that kind of stress. If you’re not sure what kind of estate plan you want to make you can get the help of a financial advisor.

When will Oregon send out a yes on measure 110?

This photo from video provided by the Yes on Measure 110 Campaign shows volunteers delivering boxes containing signed petitions in favor of the measure to the Oregon Secretary of State’s office in Salem on June 26, 2020.

What is the Oregon measure for whole person care?

Zanipatin: The Oregon measure seeks to center whole person care as a cornerstone of the public health approach, which is grounded in science and evidence. This new law provides access to services that address the full range of people’s needs, whether that be treatment, housing, employment, or other resources.

How does Measure 110 affect drug arrests?

The Oregon Criminal Justice Commission estimates that Measure 110 will lead to a substantial reduction in the number of felony and misdemeanor convictions for possession of a controlled substance. The total number of convictions for drug possession would fall by nearly 91 percent, overall. The reduction would be substantial for all racial groups, ranging from 82.9 percent for Asian Oregonians, to approximately 94 percent for Native American and Black Oregonians. Oregon’s new approach will significantly reduce racial disparities in drug possession arrests.

What are the legacy of drug prohibition?

The legacy of drug prohibition is similar to the legacy of alcohol prohibition: increased violence from organized crime; disregard for the law and the institutions charged with enforcing it; sickness and death from using unregulated, adulterated products; disproportionately harsh punishment; racial, gender and class discrimination; political corruption and economic exploitation.

Is possession of drugs a civil violation in Oregon?

Oregon’s new law decriminalizing the possession of small amounts of all drugs for personal use went into effect earlier this month and has been hailed by advocates of drug policy reform as a “ revolutionary ” step in the right direction. Rather than face a criminal violation with jail time, possession of illegal drugs is now a civil violation ...

Is possession of illegal drugs a civil violation?

Rather than face a criminal violation with jail time, possession of illegal drugs is now a civil violation that comes with a fine and court-ordered therapy. Using a public health approach that offers treatment, rather than the decades-long war on drugs approach resulting in incarceration, is one Oregon now shares with countries such as Portugal, the Netherlands, Switzerland and others. Criminal punishment has been shown to have little to no effect on reducing crime, including the use and possession of illegal drugs.

Is Oregon decriminalizing drugs?

Oregon’s new law decriminalizing the possession of small amounts of illegal drugs is being praised by advocacy organizations for taking a public health approach to drug use and addiction, placing people in treatment programs rather than behind bars. By Lisa Deaderick.

Why is expelling someone illegal?

The same thing goes for expulsion, although in a lot of states, expelling someone is illegal because everyone has the right to an education. And schools don't have the right to punish you if you broke a rule you had no reason to know even existed.

Can rules restrict activities that are constitutionally protected?

Rules can't restrict activities that are constitutionally protected.

Is corporal punishment illegal?

In at least 21 states corporal punishment is banned. Some states allow it, but only under certain circumstances, and only if the physical punishment isn't "unreasonable and unnecessary" or "excessive." If a teacher actually hurts you, contact your local ACLU. A lot of people and organizations are working hard to get corporal punishment banned nationwide. Hitting's no way to make a kid learn.

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