Oregon Return to Office Mandate 2026
⚠️Informational only — not legal or tax advice.
Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
Key Characteristic: No state-wide return to office mandate for private sector employers; at-will employment framework governs workplace policies in Oregon
Table of Contents
- Introduction
- Applicable Legal Framework - Oregon
- Competent Government Agencies
- Applicable Statutes - Compilation
- Reasonable Accommodations - Official Framework
- Official Complaint Process
- Published Official Documents
- Absence of Specific Private Sector RTO Legislation
- Resources & Contacts
- Frequently Asked Questions
Introduction
Oregon’s return to office mandate primarily involves private sector employer policies operating under the state’s at-will employment framework, as Oregon has not enacted specific legislation mandating return to office requirements for private employers. State employees are subject to Policy No. 50.050.01, effective March 21, 2025, which encourages remote work flexibility where viable.
This guide compiles official information published by the Oregon Bureau of Labor and Industries (BOLI), Oregon Department of Administrative Services, and other government agencies regarding Oregon’s approach to return to office policies, employee rights under Oregon law, and accommodation processes.
Sources: Oregon Bureau of Labor and Industries, Oregon Department of Administrative Services, Oregon Legislature, U.S. Equal Employment Opportunity Commission
Applicable Legal Framework - Oregon
According to Oregon courts, the at-will employment doctrine has been established through case law:
Key Cases:
- Simpson v. Western Graphics Corp., 293 Or 96, 99, 643 P2d 1276 (1982)
- Nees v. Hocks, 272 Or 210, 216, 536 P2d 512 (1975)
According to the Oregon Bureau of Labor and Industries:
“Oregon laws allow the termination of an employment relationship by either the employer or the employee, without notice and without cause. This is called ‘at will’ employment. It means that generally, unless there is a contract or law that states otherwise, Oregon employers may discharge an employee at any time and for any reason, or for no reason at all. However, employers may not fire or let employees go because of discriminatory reasons.”
Source: BOLI – Employment at will
Published by: Oregon Bureau of Labor and Industries
Available at: https://www.oregon.gov/boli/employers/pages/employment-at-will.aspx
Exceptions to at-will employment in Oregon:
- Employment contracts (written or implied)
- Collective bargaining agreements
- Public sector employment
- Anti-discrimination laws
- Anti-retaliation protections
- Public policy violations
1.2 State Employee Remote Work Policy
Document: State HR Policy No. 50.050.01 – Working Remotely
Effective Date: March 21, 2025
Applies to: Oregon state government employees
Available at: https://www.oregon.gov/das/Policies/50-050-01.pdf
Key provisions:
According to Policy 50.050.01:
“Oregon state government encourages working remotely where it is a viable option that benefits both the employee and the agency.”
Policy Statement: “Use of alternate work options promote the health and safety of Oregonians; ensures the optimal use of resources for agencies; ensures that cultural, equity and accessibility issues are addressed in a meaningful way; and supports flexibility and work-life balance for employees.”
Important: This policy applies to state employees. Private sector employers in Oregon are not covered by this policy and operate under the at-will employment framework subject to anti-discrimination laws, disability accommodation requirements, contract obligations, and collective bargaining agreements.
Workplace Categories under State Policy:
- Central Workplace: Agency-assigned location in Oregon (not employee residence)
- Alternate Workplace: Location within employee’s residence or approved location
- Temporary Workplace: Assignment expected to last less than one year
- Mobile Workplace: Location changing frequently based on project work
Travel Reimbursement: According to the policy effective March 21, 2025, state policy returned to pre-pandemic guidelines. Remote state employees are no longer reimbursed for commuting to their offices in Oregon.
Working Outside Oregon: According to Policy 50.050.01: “Approval of out-of-state remote work will be made on a case-by-case basis and may be informed by factors that include legal compliance obligations of the other state. Remote work outside of the 50 United States of America and the District of Columbia is prohibited.”
1.3 No State-Specific RTO Mandate for Private Employers
Legislative Research Results:
As of December 24, 2025, searches of the Oregon Legislature website reveal:
No specific statutes enacted governing return to office mandates for private sector employers.
Search conducted:
- Website: Oregon State Legislature (www.oregonlegislature.gov)
- Date: December 24, 2025
- Search terms: “return to office”, “remote work mandate”, “telework requirements”
Result: No relevant legislation identified
General Employment Framework Applies:
- At-will employment (established by case law)
- Anti-discrimination laws (ORS Chapter 659A)
- Accommodation requirements (ORS 659A.103-659A.145)
- Anti-retaliation protections (ORS 659A.865)
1.4 Portland Mayor’s Advisory (Non-Binding)
In December 2023, Portland Mayor Ted Wheeler sent an open letter to downtown employers calling for workers to return to the office at least 20 hours per week starting in January 2024. This was an advisory letter without legal enforcement authority over private employers.
Subsequently, in January 2025, Portland Mayor Keith Wilson walked back plans for a full return-to-office policy for city employees, citing budget constraints.
Important: These mayoral communications apply only to city employees and represent policy preferences, not binding legal mandates on private sector employers.
Competent Government Agencies
2.1 Oregon Bureau of Labor and Industries (BOLI)
Official Name: Oregon Bureau of Labor and Industries
Commissioner: Christina Stephenson
Official website: https://www.oregon.gov/boli
Main telephone: (971) 673-0761
Worker assistance: (971) 245-3844
TTY: 711
Email: boli_help@boli.oregon.gov
Physical address: 800 NE Oregon Street, Suite 1045, Portland, OR 97232
Additional Offices:
Eugene Office:
1400 Executive Parkway, Suite 200
Eugene, OR 97401
Salem Office:
3865 Wolverine Street NE, Building E-1
Salem, OR 97305
Function: BOLI protects workers’ rights through enforcement of state labor laws, ensures access to housing and public accommodations free from discrimination, and promotes development of highly skilled workforce through registered apprenticeship programs. BOLI enforces wage and hour laws, civil rights protections, and investigates discrimination complaints.
Publications on RTO: BOLI has not published specific guidance on return to office mandates. Guidance available on at-will employment, discrimination protections, and reasonable accommodations.
Employer Assistance: (971) 361-8400 or employer.assistance@boli.oregon.gov
Statutory Authority: ORS Chapter 651
2.2 Oregon Civil Rights Division (within BOLI)
Official Name: Civil Rights Division, Bureau of Labor and Industries
Function: Enforcement of civil rights statutes prohibiting unlawful employment practices
Contact: Same as BOLI main contact information
Complaint filing: https://complaints.boli.oregon.gov/
Protected Classes under Oregon Law: According to ORS 659A.030, Oregon prohibits discrimination based on:
- Race
- Color
- Religion
- Sex
- Sexual orientation
- Gender identity
- National origin
- Marital status
- Age (18 years or older)
- Expunged juvenile record
- Disability (employers with 6+ employees)
- Uniformed service (employers with 6+ employees)
Complaint Filing Deadline:
According to BOLI:
“If you are discriminated against at work, you have up to five years to file a complaint or lawsuit if the incident(s) happened on or after September 29, 2019.”
Source: BOLI – Discrimination at Work
Available at: https://www.oregon.gov/boli/workers/pages/discrimination-at-work.aspx
For incidents before September 29, 2019, the filing deadline is generally one year from the discriminatory act.
2.3 Oregon Department of Administrative Services (DAS)
Official Name: Oregon Department of Administrative Services
Official website: https://www.oregon.gov/das
Function: Administers state HR policies, including remote work policy for state employees
Chief Operating Officer: Berri Leslie (interim Director of DAS)
Key Publication:
- State HR Policy 50.050.01 – Working Remotely (effective 3/21/2025)
Note: DAS administers policies for state employees only, not private sector employers.
2.4 U.S. Equal Employment Opportunity Commission (EEOC)
Oregon is served by: Seattle Field Office
EEOC Seattle Field Office:
Address: Federal Building, 909 First Avenue, Suite 400, Seattle, WA 98104-1061
Telephone: 1-800-669-4000
TTY: 1-800-669-6820 (for Deaf/Hard of Hearing)
ASL Video Phone: 1-844-234-5122
Office hours: 8:00 AM – 12:00 PM and 1:00 PM – 3:00 PM, Monday-Friday
Public Portal: https://publicportal.eeoc.gov/
Website: https://www.eeoc.gov/field-office/seattle
Jurisdiction: The Seattle Field Office covers Alaska, Idaho, Oregon, Montana, and Washington.
Filing Process:
- File inquiry through EEOC Public Portal (https://publicportal.eeoc.gov/)
- Schedule telephone, video, or in-person interview
- Deadline: 180 days from discriminatory act (300 days if state agency has worksharing agreement)
Worksharing Agreement: Oregon has a worksharing agreement with EEOC through BOLI.
Applicable Statutes - Compilation
3.1 Oregon Anti-Discrimination Laws
Primary Law: Oregon Revised Statutes Chapter 659A – Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions
Reference: ORS Chapter 659A
Key Sections: ORS 659A.006, 659A.030, 659A.112
Last Major Amendment: Oregon Equality Act (2007); Oregon Workplace Fairness Act (2019)
Full Text: https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html
Enforcement Agency: Oregon Bureau of Labor and Industries
Protected Classes:
| Protected Class | State Law Reference | Federal Law | State Coverage |
|---|---|---|---|
| Race | ORS 659A.030 | Title VII | All employers (1+ employee) |
| Color | ORS 659A.030 | Title VII | All employers (1+ employee) |
| Religion | ORS 659A.030 | Title VII | All employers (1+ employee) |
| Sex | ORS 659A.030 | Title VII | All employers (1+ employee) |
| Sexual Orientation | ORS 659A.030 | N/A (state only) | All employers (1+ employee) |
| Gender Identity | ORS 659A.030 | N/A (state only) | All employers (1+ employee) |
| National Origin | ORS 659A.030 | Title VII | All employers (1+ employee) |
| Marital Status | ORS 659A.030 | N/A (state only) | All employers (1+ employee) |
| Age (18+) | ORS 659A.030 | ADEA (40+) | All employers (1+ employee) |
| Disability | ORS 659A.112 | ADA | Employers with 6+ employees |
| Uniformed Service | ORS 659A.082 | USERRA | Employers with 6+ employees |
3.2 Key Statute Sections
LAW: Oregon Equality Act
REFERENCE: ORS Chapter 659A
ENACTED: 2007 (codifying previous laws)
LAST AMENDED: 2023 (various sections)
FULL TEXT: https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html
ENFORCEMENT AGENCY: Oregon Bureau of Labor and Industries
KEY PROVISIONS:
ORS 659A.006 – Declaration of Policy:
“It is declared to be the public policy of Oregon that practices of unlawful discrimination against any of its inhabitants because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability or familial status are a matter of state concern and that this discrimination not only threatens the rights and privileges of its inhabitants but menaces the institutions and foundation of a free democratic state. The opportunity to obtain employment or housing or to use and enjoy places of public accommodation without unlawful discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability hereby is recognized as and declared to be a civil right.”
Source: ORS 659A.006
Available at: https://oregon.public.law/statutes/ors_659a.006
ORS 659A.030 – Prohibited Discrimination:
This statute prohibits employers from discriminating in employment based on protected characteristics in hiring, promotion, compensation, terms, conditions, or privileges of employment.
ORS 659A.112 – Employment Discrimination (Disability):
Applies to employers with six or more employees and prohibits discrimination against qualified individuals with disabilities.
ORS 659A.865 – Retaliation Prohibited:
“No person shall wilfully resist, prevent, impede or interfere with the Commissioner of the Bureau of Labor and Industries or the commissioner’s representatives or agents in the performance of duties under ORS 659A.800 to 659A.865.”
Retaliation against individuals who file complaints or participate in investigations is prohibited.
Available at: https://oregon.public.law/statutes/ors_659a.865
3.3 Federal Laws Applicable in Oregon
Americans with Disabilities Act (ADA):
- Reference: 42 U.S.C. § 12101 et seq.
- Coverage: Employers with 15 or more employees
- Protected: Individuals with disabilities
- Official Source: https://www.ada.gov
Title VII of the Civil Rights Act of 1964:
- Reference: 42 U.S.C. § 2000e et seq.
- Coverage: Employers with 15 or more employees
- Protected: Race, color, religion, sex, national origin
- Administered by: U.S. Equal Employment Opportunity Commission
Age Discrimination in Employment Act (ADEA):
- Reference: 29 U.S.C. § 621 et seq.
- Coverage: Employers with 20 or more employees
- Protected: Age 40 and older
- Administered by: U.S. Equal Employment Opportunity Commission
Reasonable Accommodations - Official Framework
4.1 State Law Requirements
Applicable Law: ORS 659A.103 through 659A.145
Employer Coverage:
- Oregon law: Employers with 6 or more employees
- Federal ADA: Employers with 15 or more employees
- Employers with 15+ employees must comply with both and apply the standard most beneficial to the employee
According to ORS 659A.112:
It is unlawful employment practice for an employer to:
- Fail to make reasonable accommodation to the known physical or mental limitations of a qualified individual who is a job applicant or employee, unless the accommodation would impose an undue hardship on the business operation of the employer
Source: ORS 659A.112
Available at: https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html
Definition of Reasonable Accommodation:
According to ORS 659A.118, reasonable accommodation may include:
- Making existing facilities used by employees readily accessible to and usable by individuals with disabilities
- Job restructuring, part-time or modified work schedules or reassignment to a vacant position
- Acquisition or modification of equipment or devices
- Appropriate adjustment or modification of examinations, training materials or policies
- The provision of qualified readers or interpreters
Source: ORS 659A.118
Available at: https://oregon.public.law/statutes/ors_659a.118
Note: Remote work or telework may be considered as a form of reasonable accommodation depending on the essential functions of the position and whether it would impose undue hardship on the employer.
4.2 Interactive Process Requirements
According to Oregon Administrative Rule 839-006-0206:
“A meaningful interactive process is a mandatory step in the reasonable accommodation of a qualified employee or applicant with a disability. Failure of an employer to engage in a meaningful interactive process with a qualified employee or applicant with a disability who has requested reasonable accommodation or has otherwise disclosed to the employer a disability that may require reasonable accommodation is a failure to reasonably accommodate in violation of ORS 659A.112(2)(e).”
Source: OAR 839-006-0206
Published by: Bureau of Labor and Industries
Available at: https://oregon.public.law/rules/oar_839-006-0206
Consequences of Failing to Engage in Interactive Process:
According to OAR 839-006-0206:
“The employer may be found liable for remedies described in OAR 839-003-0090(5) regardless of whether reasonable accommodation would have been possible; and the employer may also be found liable for any other remedies described in OAR 839-003-0090 if reasonable accommodation would have been possible.”
Interactive Process Steps:
The interactive process generally involves:
- Employee or applicant requests accommodation or discloses disability
- Employer engages in meaningful dialogue with employee
- Employer identifies essential functions of the position
- Employer and employee discuss potential accommodations
- Employer evaluates whether proposed accommodations are reasonable and do not impose undue hardship
- Employer provides accommodation or explains why accommodation would impose undue hardship
Source: Oregon Bureau of Labor and Industries guidance and OAR 839-006-0206
4.3 Qualified Individual with Disability
According to Oregon law, a qualified individual with a disability is someone who:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a record of having such an impairment
- Is regarded as having such an impairment
AND
- Can perform the essential functions of the position with or without reasonable accommodation
Source: ORS 659A.104 and 659A.112
Available at: https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html
4.4 Undue Hardship
According to ORS 659A.121, undue hardship means:
An action requiring significant difficulty or expense when considered in relation to factors such as:
- The nature and cost of the accommodation
- The overall financial resources of the facility involved
- The number of persons employed at the facility
- The effect on expenses and resources
- The impact on the operation of the facility
- The overall financial resources of the employer
- The overall size of the business
- The type of operation of the employer
Source: ORS 659A.121
Available at: https://oregon.public.law/statutes/ors_659a.121
4.5 Official Forms and Resources
BOLI Resources:
Disability Accommodation Toolkit:
Available at: https://www.oregon.gov/boli/employers/pages/accommodations-toolkit.aspx
Templates and Guidance:
- Reasonable Accommodation Request Form
- Interactive Process Documentation
- Position Description Template
Federal Resources:
ADA National Network:
Website: https://www.ada.gov
Phone: 1-800-514-0301 (voice)
TTY: 1-833-610-1264
Job Accommodation Network (JAN):
Website: https://askjan.org
Phone: 1-800-526-7234 (voice)
Information on specific accommodations for various disabilities
Official Complaint Process
5.1 Oregon Bureau of Labor and Industries (BOLI)
FILING DEADLINE:
According to BOLI:
For discrimination complaints under ORS 659A.030 (race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, expunged juvenile record), 659A.082 (uniformed service), or 659A.112 (disability):
- 5 years from the date of the alleged violation if the incident occurred on or after September 29, 2019
- 1 year from the date of the alleged violation for incidents before September 29, 2019
For other employment claims: Generally 1 year from the alleged unlawful practice
Source: ORS 659A.875 and BOLI guidance
Available at: https://oregon.public.law/statutes/ors_659a.875
HOW TO FILE:
Step 1: Complete Employment Discrimination Questionnaire
Online: https://www.oregon.gov/boli/workers/pages/employment-discrimination-questionnaire.aspx
According to BOLI:
“Complete an employment discrimination questionnaire to start a complaint. If the information you provided in the questionnaire indicates that the Civil Rights Division may be able to investigate, an intake officer will either write a formal complaint for you or contact you for further information to assist them with writing your formal complaint.”
Step 2: Review and Sign Formal Complaint
“Once the formal complaint is written, it will be sent to you to review and sign. A complaint is not filed until BOLI has received a signed complaint from you.”
Step 3: Investigation
“Once BOLI receives the signed complaint, the case is opened and a BOLI Senior Civil Rights Investigator will investigate the complaint to determine if there is a link between the harm experienced (discriminatory act) and the protected class.”
According to BOLI:
“In most cases, BOLI has one year from the receipt of the signed complaint to complete the investigation.”
Contact Information:
Oregon Bureau of Labor and Industries
Civil Rights Division
Address: 800 NE Oregon Street, Suite 1045, Portland, OR 97232
Phone: (971) 245-3844
Email: boli_help@boli.oregon.gov
TTY: 711
Website: https://www.oregon.gov/boli
Complaint Portal: https://complaints.boli.oregon.gov/
Hours: 8:00 AM – 5:00 PM, Monday through Friday
Note: According to BOLI, “Currently, the Civil Rights Division has a high volume of questionnaires waiting to be assigned to an intake officer.” Response times may be up to 6 months.
Alternative Reporting: Anonymous tips accepted at: whd.screener@boli.oregon.gov
5.2 U.S. Equal Employment Opportunity Commission (EEOC)
FILING DEADLINE:
180 days from the discriminatory act (standard federal deadline)
OR
300 days if filing in a state with a Fair Employment Practice Agency (FEPA) that has a worksharing agreement with EEOC
Oregon has a worksharing agreement through BOLI, so the deadline is 300 days from the discriminatory act.
CRITICAL: The deadline is strict. Missing it may prevent pursuing a federal claim.
HOW TO FILE:
Step 1: Access EEOC Public Portal
Website: https://publicportal.eeoc.gov/
Through the portal you can:
- Submit an inquiry
- Schedule an interview (telephone, video, or in-person)
- Upload supporting documents
Step 2: Interview with EEOC Representative
An EEOC representative will review your inquiry and may schedule an intake interview to gather additional information.
Step 3: Formal Charge Filed
If the EEOC determines your claim has merit, a formal charge of discrimination will be filed.
Step 4: Investigation
The EEOC will notify the employer and conduct an investigation.
Step 5: Determination
The EEOC will issue a determination:
- Cause found: EEOC may attempt conciliation or file lawsuit
- No cause found: Right-to-sue letter issued (90 days to file civil lawsuit)
EEOC Seattle Field Office Contact:
Address: Federal Building, 909 First Avenue, Suite 400, Seattle, WA 98104-1061
Phone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Website: https://www.eeoc.gov/field-office/seattle
Public Portal: https://publicportal.eeoc.gov/
Office Hours: 8:00 AM – 12:00 PM and 1:00 PM – 3:00 PM, Monday-Friday
Dual-Filing:
Oregon has a worksharing agreement with EEOC. When you file with BOLI, your complaint may be automatically cross-filed with EEOC. You should verify this occurs.
5.3 Civil Lawsuit Option
According to ORS 659A.885, individuals may file a civil action in Oregon circuit court alleging violations of Oregon employment discrimination laws.
Time Limitations:
According to ORS 659A.875:
For violations of ORS 659A.030, 659A.082, or 659A.112:
- 5 years from the occurrence of the alleged violation
- 90 days after receiving a 90-day notice from BOLI (if complaint filed with BOLI first)
For other unlawful employment practices:
- 1 year from the occurrence
- 90 days after receiving notice from BOLI (if complaint filed first)
Source: ORS 659A.875
Available at: https://oregon.public.law/statutes/ors_659a.875
Important: Consulting with a licensed employment attorney is recommended before filing a civil lawsuit.
Published Official Documents
6.1 State-Specific Guidance Documents
State HR Policy 50.050.01 – Working Remotely
Published by: Oregon Department of Administrative Services
Date: Effective March 21, 2025
Summary: Policy encouraging remote work for state employees where viable. Establishes definitions for central workplace, alternate workplace, temporary workplace, and mobile workplace. Addresses travel reimbursement, out-of-state remote work approval process, and equipment provisions.
Link: https://www.oregon.gov/das/Policies/50-050-01.pdf
Format: PDF
Pages: 5
Applicability: State employees only; does not apply to private sector employers
BOLI – Employment at Will
Published by: Oregon Bureau of Labor and Industries
Summary: Explains at-will employment doctrine in Oregon, exceptions to at-will employment, and provides example policy language for employers.
Link: https://www.oregon.gov/boli/employers/pages/employment-at-will.aspx
Format: HTML
BOLI – Discrimination at Work
Published by: Oregon Bureau of Labor and Industries
Summary: Overview of protected classes under Oregon law, prohibited discriminatory practices, filing deadlines, and complaint process.
Link: https://www.oregon.gov/boli/workers/pages/discrimination-at-work.aspx
Format: HTML
BOLI – Disability Accommodation Toolkit
Published by: Oregon Bureau of Labor and Industries
Summary: Guidance for employers on reasonable accommodation obligations under Oregon and federal law, interactive process requirements, and sample forms.
Link: https://www.oregon.gov/boli/employers/pages/accommodations-toolkit.aspx
Format: HTML with downloadable templates
BOLI – Your Rights at Work
Published by: Oregon Bureau of Labor and Industries
Summary: Overview of employee rights in Oregon including minimum wage, overtime, breaks, sick time, family leave, anti-discrimination protections, and at-will employment.
Link: https://www.oregon.gov/boli/workers/pages/your-rights-at-work.aspx
Format: HTML
6.2 Executive Orders
Search Results: As of December 24, 2025, no executive orders from the Oregon Governor’s office have been identified that mandate return to office policies for private sector employers.
Search Conducted:
- Oregon Governor’s website: https://www.oregon.gov/gov
- Date: December 24, 2025
- Search terms: “return to office”, “remote work”, “telework mandate”
Result: No relevant executive orders identified for private employers
Note: Governor Tina Kotek directed the return to pre-pandemic remote work guidelines for state employees, ending reimbursement for remote workers’ commutes (effective September 1, 2023). This applies only to state employees.
6.3 State Employee Policies
State HR Policy 50.020.10 – ADA and Reasonable Accommodation in Employment
Published by: Oregon Department of Administrative Services, Chief Human Resources Office
Effective Date: March 21, 2025
Summary: State government policy on ADA compliance and reasonable accommodation for state employees with disabilities, including pregnancy-related accommodations.
Link: https://www.oregon.gov/das/Policies/50-020-10.pdf
Format: PDF
Pages: 5
Applicability: State employees only
6.4 Oregon Administrative Rules (OAR)
OAR 839-003 Series – Civil Rights Enforcement
Published by: Oregon Bureau of Labor and Industries
Summary: Administrative rules governing civil rights complaint investigation, processing, and enforcement procedures.
Available at: https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=3828
Key Rules:
- OAR 839-003-0005: Definitions
- OAR 839-003-0025: Filing complaints
- OAR 839-003-0065: Employment and public accommodation investigations
OAR 839-006 Series – Disability and Injured Workers
Published by: Oregon Bureau of Labor and Industries
Summary: Administrative rules on disability accommodation requirements and injured worker protections.
Available at: https://oregon.public.law/rules/oar_839-006
Key Rule:
- OAR 839-006-0206: Reasonable Accommodation
Absence of Specific Private Sector RTO Legislation
As of December 24, 2025, Oregon has not enacted specific legislation mandating return to office requirements for private sector employers.
Legislative Research:
Oregon Legislature Bill Search:
- Website: https://www.oregonlegislature.gov/
- Search Date: December 24, 2025
- Search Terms Used: “return to office”, “remote work mandate”, “telework requirements”, “RTO”
- Regular Sessions Reviewed: 2023, 2024
- Result: No bills identified that create state-wide return to office mandates for private employers
General Employment Law Framework Applies:
In the absence of specific return to office legislation, private sector employers in Oregon operate under:
- At-Will Employment Doctrine:
Employers may set workplace policies including work location requirements, subject to exceptions for contracts, collective bargaining agreements, and anti-discrimination laws. - Anti-Discrimination Laws:
ORS Chapter 659A prohibits discrimination based on protected characteristics. - Reasonable Accommodation Requirements:
Employers with 6+ employees must provide reasonable accommodation for disabilities unless undue hardship exists. - Anti-Retaliation Protections:
ORS 659A.865 prohibits retaliation against employees who exercise their rights under Oregon employment laws. - Contract and Collective Bargaining Obligations:
Employers must honor terms of employment contracts and collective bargaining agreements.
Resources & Contacts
9.1 Oregon Government Agencies
Oregon Bureau of Labor and Industries (BOLI)
Official Website: https://www.oregon.gov/boli
Main Phone: (971) 673-0761
Worker Assistance: (971) 245-3844
Employer Assistance: (971) 361-8400
Email: boli_help@boli.oregon.gov
TTY: 711
Address: 800 NE Oregon Street, Suite 1045, Portland, OR 97232
Function: Enforces state labor laws, civil rights protections, investigates discrimination complaints, administers wage and hour laws
Oregon Department of Administrative Services
Official Website: https://www.oregon.gov/das
Function: Administers state HR policies including remote work policy for state employees
Oregon Legislature
Official Website: https://www.oregonlegislature.gov/
Bill Search: https://www.oregonlegislature.gov/bills_laws
Function: State lawmaking body; source for current statutes and pending legislation
Oregon State Archives – Oregon Blue Book
Official Website: https://sos.oregon.gov/blue-book
Function: Official state directory with agency information
9.2 Federal Agencies
U.S. Equal Employment Opportunity Commission (EEOC)
Seattle Field Office (serves Oregon)
Address: Federal Building, 909 First Avenue, Suite 400, Seattle, WA 98104-1061
Phone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Public Portal: https://publicportal.eeoc.gov/
Website: https://www.eeoc.gov/field-office/seattle
Function: Federal employment discrimination enforcement for Washington, Oregon, Idaho, Montana, Alaska
U.S. Department of Labor – Wage and Hour Division
Portland District Office
Address: 620 SW Main Street, Room 423, Portland, OR 97205
Phone: (503) 326-3057
Function: Enforces federal wage and hour laws including FLSA, FMLA
Americans with Disabilities Act (ADA) Information
Phone: 1-800-514-0301 (voice)
TTY: 1-833-610-1264
Website: https://www.ada.gov
Function: Information and technical assistance on ADA requirements
9.3 Key Publications and Legal Resources
Oregon Revised Statutes (ORS)
Website: https://www.oregonlegislature.gov/bills_laws/ors
Description: Complete text of Oregon laws including Chapter 659A (employment discrimination)
Oregon Administrative Rules (OAR)
Website: https://secure.sos.state.or.us/oard
Description: Administrative rules including BOLI civil rights enforcement procedures (OAR 839-003, 839-006)
State HR Policies
Website: https://www.oregon.gov/das/Policies
Description: State employee policies including remote work (Policy 50.050.01)
BOLI Publications
Website: https://www.oregon.gov/boli
Key Resources:
- Employment at Will guidance
- Discrimination at Work information
- Disability Accommodation Toolkit
- Your Rights at Work overview
- Employer guidance materials
EEOC Technical Assistance
Website: https://www.eeoc.gov
Key Resources:
- Enforcement guidance documents
- Small employer resources
- ADA and reasonable accommodation guidance
9.4 Legal Assistance Resources
Oregon State Bar
Website: https://www.osbar.org
Lawyer Referral Service: https://www.osbar.org/public/ris
Phone: (503) 684-3763 or 1-800-452-7636
Function: Referrals to licensed Oregon attorneys
Legal Aid Services of Oregon
Website: https://lasoregon.org
Phone: 1-800-228-8861
Function: Free civil legal services for low-income Oregonians
Oregon Law Help
Website: https://oregonlawhelp.org
Function: Legal information and self-help resources
Disability Rights Oregon
Website: https://www.droregon.org
Phone: (503) 243-2081
TTY: (503) 323-9161
Function: Legal advocacy for people with disabilities
Note: These resources provide legal information and referrals. For legal advice on your specific situation, consult a licensed Oregon employment attorney.
Frequently Asked Questions - RTO mandate Oregon
What is Oregon’s return to office mandate?
Oregon does not have a state-wide return to office mandate for private sector employers. State employees are subject to Policy No. 50.050.01, effective March 21, 2025, which encourages remote work where it is a viable option that benefits both the employee and the agency. Private sector employers operate under Oregon’s at-will employment framework and may set their own workplace policies, subject to anti-discrimination laws, reasonable accommodation requirements, and contract obligations.
Source: Oregon Department of Administrative Services Policy 50.050.01
Available at: https://www.oregon.gov/das/Policies/50-050-01.pdf
Does Oregon’s state employee remote work policy apply to private employers?
No. Policy 50.050.01 applies exclusively to Oregon state government employees. Private sector employers are not covered by this policy. Private employers may establish their own remote work and return to office policies under Oregon’s at-will employment framework, subject to compliance with anti-discrimination laws (ORS Chapter 659A), reasonable accommodation requirements, employment contracts, and collective bargaining agreements.
Source: Oregon Bureau of Labor and Industries
Available at: https://www.oregon.gov/boli
Can my employer force me back to the office in Oregon?
Under Oregon’s at-will employment doctrine, private employers generally have the right to set workplace policies, including work location requirements. Employers may require employees to return to the office unless:
Exceptions exist:
- You have an employment contract specifying remote work or work location
- You are covered by a collective bargaining agreement with different terms
- You qualify for reasonable accommodation due to a disability
- The requirement violates anti-discrimination laws
- The employer is retaliating against you for protected activity
According to BOLI:
“Oregon laws allow the termination of an employment relationship by either the employer or the employee, without notice and without cause. This is called ‘at will’ employment. It means that generally, unless there is a contract or law that states otherwise, Oregon employers may discharge an employee at any time and for any reason, or for no reason at all. However, employers may not fire or let employees go because of discriminatory reasons.”
Source: BOLI – Employment at Will
Available at: https://www.oregon.gov/boli/employers/pages/employment-at-will.aspx
If you believe your employer’s return to office requirement violates your rights, consult a licensed Oregon employment attorney.
What are my accommodation rights under Oregon law?
Oregon law (ORS 659A.112) requires employers with 6 or more employees to provide reasonable accommodations for qualified individuals with disabilities, unless the accommodation would impose an undue hardship on the employer’s business operation.
Reasonable accommodations may include:
- Modified work schedules
- Part-time schedules
- Reassignment to vacant positions
- Acquisition or modification of equipment
- Job restructuring
- Remote work arrangements (if it does not create undue hardship)
Interactive process: Employers must engage in a meaningful interactive process with employees who request accommodation or disclose disabilities requiring accommodation. Failure to engage in this process is itself a violation of Oregon law.
How to request: Submit a written request to your employer explaining your disability and the accommodation needed. Your employer should then engage with you to discuss possible accommodations.
Source: ORS 659A.112, ORS 659A.118, OAR 839-006-0206
Available at: https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html
How do I file a discrimination complaint in Oregon?
Option 1: File with BOLI (State Agency)
Step 1: Complete employment discrimination questionnaire
Online: https://www.oregon.gov/boli/workers/pages/employment-discrimination-questionnaire.aspx
Phone: (971) 245-3844
Email: boli_help@boli.oregon.gov
Step 2: BOLI reviews questionnaire and drafts formal complaint
Step 3: Review and sign formal complaint
Step 4: BOLI investigates (typically takes up to one year)
Filing Deadline: 5 years from discriminatory act (for incidents on/after September 29, 2019); 1 year for incidents before that date
Option 2: File with EEOC (Federal Agency)
Online: https://publicportal.eeoc.gov/
Phone: 1-800-669-4000
Filing Deadline: 300 days from discriminatory act (Oregon has worksharing agreement)
Option 3: File Civil Lawsuit
Consult with a licensed Oregon employment attorney. Must be filed within statutory time limits (generally 5 years for discrimination claims under ORS 659A.030, 659A.082, or 659A.112; 90 days after BOLI 90-day notice if complaint filed with BOLI first).
Contact Information:
BOLI:
Phone: (971) 245-3844
Email: boli_help@boli.oregon.gov
Website: https://www.oregon.gov/boli
EEOC Seattle Field Office:
Phone: 1-800-669-4000
Website: https://www.eeoc.gov/field-office/seattle
Can I request remote work as a reasonable accommodation?
Yes. Remote work or telework may be considered a form of reasonable accommodation under Oregon’s disability laws (ORS 659A.112) and the federal Americans with Disabilities Act, depending on:
Factors considered:
- Whether you have a qualifying disability that substantially limits major life activities
- Whether you can perform the essential functions of your position remotely
- Whether remote work would impose an undue hardship on your employer’s business operations
- The nature of your job duties and whether in-person presence is essential
Process: Submit a written request to your employer explaining your disability and why remote work is needed as an accommodation. Your employer must engage in an interactive process to discuss this and other possible accommodations.
If denied: Your employer must explain why remote work would impose an undue hardship or why it is not a reasonable accommodation for your specific position. You may file a complaint with BOLI if you believe the denial is improper.
Source: ORS 659A.112, BOLI guidance
Available at: https://www.oregon.gov/boli/civil-rights/pages/disability-rights.aspx
What is Oregon’s civil rights law?
Oregon’s primary employment civil rights law is codified in Oregon Revised Statutes Chapter 659A, also known as the Oregon Equality Act (enacted 2007).
Protected Classes: ORS 659A prohibits employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age (18+), expunged juvenile record, disability (employers with 6+ employees), and uniformed service (employers with 6+ employees).
Coverage: Most provisions apply to all employers with one or more employees. Disability and uniformed service protections apply to employers with six or more employees.
Enforcement: Oregon Bureau of Labor and Industries (BOLI) enforces these laws through investigation of complaints and civil actions.
Recent Amendments: The Oregon Workplace Fairness Act (2019) extended filing deadlines to 5 years for discrimination complaints and enhanced protections against workplace harassment.
Source: ORS Chapter 659A
Available at: https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html
Where do I file an EEOC complaint in Oregon?
Oregon does not have a local EEOC office. Oregon is served by the EEOC Seattle Field Office.
EEOC Seattle Field Office:
Address: Federal Building, 909 First Avenue, Suite 400, Seattle, WA 98104-1061
Jurisdiction: Alaska, Idaho, Oregon, Montana, Washington
Phone: 1-800-669-4000
TTY: 1-800-669-6820 (Deaf/Hard of Hearing)
ASL Video Phone: 1-844-234-5122
Public Portal: https://publicportal.eeoc.gov/
Office Hours: 8:00 AM – 12:00 PM and 1:00 PM – 3:00 PM, Monday-Friday
How to file:
- Access the EEOC Public Portal at https://publicportal.eeoc.gov/
- Submit an inquiry describing the discrimination
- Schedule an intake interview (telephone, video, or in-person)
- EEOC will review and may file a formal charge
Deadline: 300 days from the discriminatory act (Oregon has FEPA worksharing agreement with EEOC)
Dual-Filing: Oregon has a worksharing agreement with EEOC through BOLI. When filing with BOLI, your complaint may be cross-filed with EEOC.
Source: EEOC Seattle Field Office information
Available at: https://www.eeoc.gov/field-office/seattle
What is at-will employment in Oregon?
At-will employment is the legal doctrine in Oregon that allows either an employer or employee to terminate the employment relationship at any time, for any lawful reason, or for no reason at all, without advance notice.
Established by: Oregon case law – Simpson v. Western Graphics Corp., 293 Or 96 (1982); Nees v. Hocks, 272 Or 210 (1975)
Employer rights under at-will: Employers may terminate, demote, or change employment conditions without providing a reason, unless exceptions apply.
Employee rights under at-will: Employees may resign at any time without providing a reason or advance notice.
Exceptions to at-will employment:
- Written or implied employment contracts
- Collective bargaining agreements
- Public sector employment (different standards apply)
- Terminations that violate anti-discrimination laws (ORS 659A)
- Retaliation for protected activities (filing complaints, whistleblowing)
- Violations of public policy
- Implied contracts created through employer policies or handbooks
Source: BOLI – Employment at Will
Available at: https://www.oregon.gov/boli/employers/pages/employment-at-will.aspx
What is the difference between state employee and private sector RTO requirements in Oregon?
State Employees:
Subject to State HR Policy 50.050.01 (effective March 21, 2025), which encourages remote work where viable. State agencies approve remote work on case-by-case basis. Travel reimbursement for commuting ended September 1, 2023. Out-of-state remote work requires approval and is generally limited.
Authority: Oregon Department of Administrative Services
Policy: https://www.oregon.gov/das/Policies/50-050-01.pdf
Private Sector Employees:
No state mandate governs return to office requirements. Private employers set their own policies under at-will employment framework, subject to:
- Anti-discrimination laws (ORS 659A)
- Reasonable accommodation requirements (ORS 659A.112)
- Employment contracts
- Collective bargaining agreements
- Anti-retaliation protections (ORS 659A.865)
Common Requirements:
Both state and private employers must:
- Comply with anti-discrimination laws
- Provide reasonable accommodations for disabilities
- Honor employment contracts and agreements
- Not retaliate against employees for exercising legal rights
Is there pending RTO legislation in Oregon?
As of December 24, 2025, no pending legislation has been identified in the Oregon Legislature that would create state-wide return to office mandates for private sector employers.
Legislative Monitoring:
To track potential legislation:
Oregon Legislature Bill Search:
Website: https://www.oregonlegislature.gov/
Search terms: “return to office”, “remote work”, “telework”
Current Session: 2025 Regular Session (check website for status)
Note: Legislation can be introduced at any time during legislative sessions. For up-to-date information on pending bills, visit the Oregon Legislature website.
How does Oregon regulate remote work?
Oregon does not have comprehensive state-wide regulation of remote work for private sector employers. Remote work arrangements are generally governed by:
For Private Employers:
- At-will employment framework (employers may set policies)
- Employment contracts (if they specify work location)
- Collective bargaining agreements
- Anti-discrimination laws (ORS 659A)
- Reasonable accommodation requirements (ORS 659A.112)
- Workers’ compensation laws (ORS Chapter 656)
- Wage and hour laws (ORS Chapter 653)
For State Employees:
- State HR Policy 50.050.01 – Working Remotely (effective 3/21/2025)
- Individual agency policies
- Collective bargaining agreements
Related Regulations:
- Oregon OSHA workplace safety requirements apply to remote work locations
- Workers’ compensation coverage extends to injuries arising out of remote work
- Wage and hour protections apply regardless of work location
Source: Various ORS chapters and BOLI guidance
What protections do I have if I’m retaliated against for requesting remote work?
Oregon law (ORS 659A.865) prohibits employers from retaliating against employees who:
Protected Activities:
- File complaints with BOLI or other agencies
- Participate in investigations or proceedings
- Request reasonable accommodations
- Oppose practices believed to be discriminatory
- Exercise rights under employment laws
Retaliation may include:
- Termination or demotion
- Reduction in pay or benefits
- Negative performance reviews
- Unfavorable work assignments
- Harassment or hostile treatment
If you experience retaliation:
Step 1: Document the retaliation (dates, witnesses, specific actions)
Step 2: Report to BOLI:
Phone: (971) 245-3844
Email: boli_help@boli.oregon.gov
Online: https://complaints.boli.oregon.gov/
Step 3: Consider consulting an employment attorney
Filing Deadline: 5 years from retaliatory act (for complaints under ORS 659A)
Source: ORS 659A.865
Available at: https://oregon.public.law/statutes/ors_659a.865
What should I do if my accommodation request is denied?
If your employer denies your request for reasonable accommodation:
Step 1: Request Written Explanation
Ask your employer to provide in writing why the accommodation was denied and what factors were considered.
Step 2: Engage in Interactive Process
Under Oregon law, employers must engage in a meaningful interactive process. Ask if alternative accommodations are available.
Step 3: Document Everything
Keep copies of:
- Your accommodation request
- Employer’s denial
- All communications about the accommodation
- Medical documentation supporting your need
Step 4: File Complaint (if appropriate)
With BOLI:
Phone: (971) 245-3844
Online: https://complaints.boli.oregon.gov/
Deadline: 5 years from denial (for disability discrimination)
With EEOC:
Phone: 1-800-669-4000
Online: https://publicportal.eeoc.gov/
Deadline: 300 days from denial
Step 5: Consult Attorney
Consider consulting a licensed Oregon employment attorney to evaluate your options.
Note: Employers are not required to provide accommodations that would impose an undue hardship on their business operations.
Source: ORS 659A.112, OAR 839-006-0206