ORS 652.235 Motion to disallow award of compensatory and punitive damages; equal-pay analysis of employer’s pay practices; remedies

In a civil action under ORS 652.230 or 659A.885 (1) alleging a violation of ORS 652.220, the employer may file a motion to disallow an award of compensatory and punitive damages. The court shall grant the motion if the employer demonstrates, by a preponderance of the evidence, that the employer:

Completed, within three years before the date that the employee filed the action, an equal-pay analysis of the employer’s pay practices in good faith that:

Was reasonable in detail and in scope in light of the size of the employer; and

Included a review of practices designed to eliminate unlawful wage differentials; and

Has made reasonable and substantial progress toward eliminating unlawful wage differentials for the employer’s employees.

If the court grants the motion filed under this section and the plaintiff prevails on the claim in the action, the court:

Shall order the employer to eliminate the unlawful wage differential for the plaintiff;

Shall award back pay or unpaid wages as provided under ORS 652.230 or 659A.885 (1); and

May allow the prevailing plaintiff costs and reasonable attorney fees, but may not award compensatory or punitive damages.

Evidence of an equal-pay analysis undertaken in accordance with subsection (1) of this section is inadmissible in any other proceeding.

Evidence that an employer has increased an employee’s pay as a result of conducting an equal-pay analysis may not be considered as an admission of liability in a civil action alleging a violation of ORS 652.220.

Information that an employer has not completed an equal-pay analysis may not be used as evidence of a violation of ORS 652.220 in an action under ORS 652.230 or 659A.885 alleging a violation of ORS 652.220.