HB 4111

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
  Enrolled
  House Bill 4111
Sponsored by Representatives CHOTZEN, GRAYBER, PHAM H, ANDERSEN, CHAICHI,
   FRAGALA, JAVADI, Senators GELSER BLOUIN, PATTERSON, PHAM K, PROZANSKI; Rep-
   resentatives BOWMAN, EVANS, GAMBA, HELM, HUDSON, ISADORE, KROPF, MARSH,
   MCDONALD, MCLAIN, MUNOZ, NATHANSON, NELSON, NGUYEN D, NOSSE, RIEKE
   SMITH, SOSA, TRAN, WALTERS, WATANABE, WISE, Senators BROADMAN, CAMPOS,
   FREDERICK, GOLDEN, GORSEK, JAMA, MEEK, NERON MISSLIN, REYNOLDS, SOLLMAN
   (Presession filed.)
  CHAPTER .................................................
  AN ACT
Relating to immigration-related practices; creating new provisions; amending ORS 131.915, 131.930
    and 659A.885; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  ADMISSIBILITY OF EVIDENCE IN CIVIL CASES
    SECTION 1. Section 2 of this 2026 Act is added to and made a part of ORS chapter 40.
    SECTION 2. (1) Except as otherwise allowed in this section, evidence of a party’s or a
witness’s immigration status is not admissible in a civil proceeding unless the party’s or
witness’s immigration status is an essential fact to prove an element of a party’s cause of
action or essential to establish a party’s claim for relief.
    (2) If a party is awarded damages for future wage loss at trial and is subject to a final
order of removal in immigration proceedings, the final order of removal may be submitted
to the court through a post-trial motion to be used solely for the purpose of calculating
damages.
    (3) If a party was awarded reinstatement to a position at trial, the party’s federal work
authorization information may be submitted to the court through a post-trial motion.
    (4)(a) If a party intends to offer evidence under subsections (1) to (3) of this section, the
party shall:
    (A) Make a written motion specifically describing the evidence and stating the purpose
for which it is to be offered; and
    (B) State in the caption of the motion that the motion and attachments are confidential
and file the motion confidentially.
    (b) If a party intends to offer evidence under subsection (1) of this section, the party
shall make the written motion at least 15 days before the proceeding at which the evidence
to be offered is scheduled to begin unless the court, for good cause, sets a different time.
    (5)(a) If a party makes a motion under subsection (4) of this section, before admitting the
evidence, the court shall conduct an in camera hearing, out of the presence of the public and
the jury, and give the parties a right to attend and be heard. If the court determines that
Enrolled House Bill 4111 (HB 4111-A)  Page 1
the moving party has shown that a party’s or witness’s immigration status is essential to
prove an element of a party’s cause of action or to establish a party’s claim for relief, or that
a remedy described in subsection (2) or (3) of this section has been awarded, the court shall
make an order regarding the permitted use of the evidence.
    (b) The order, motion, related materials and record of the hearing are confidential, ex-
empt from public disclosure under ORS 192.311 to 192.478 and may not be disclosed except:
    (A) To a party in the case or the party’s attorney; or
    (B) To the court.
    (6) This section does not prohibit a party or witness, or the party’s or witness’s attorney,
from voluntarily disclosing the party’s or witness’s immigration status to the court.
  EMPLOYMENT PROTECTIONS
    SECTION 3. Section 4 of this 2026 Act is added to and made a part of ORS chapter 659A.
    SECTION 4. (1) It is an unlawful practice for an employer to discharge an employee or
in any manner discriminate, retaliate or otherwise take adverse action against an employee
because the employee updates or attempts to update the employee’s personal information
based on a lawful change in the employee’s federal employment authorization documentation.
    (2) It is not an unlawful practice under this section for an employer to take actions
necessary to comply with federal employment authorization verification requirements.
    (3) An employer does not engage in an unlawful practice under this section solely because
a third-party benefit administrator independently takes adverse action in response to
changes in the employee’s personal information or federal employment authorization.
    SECTION 5. ORS 659A.885 is amended to read:
    659A.885. (1) Any person claiming to be aggrieved by an unlawful practice specified in sub-
section (2) of this section may file a civil action in circuit court. In any action under this subsection,
the court may order injunctive relief and any other equitable relief that may be appropriate, in-
cluding but not limited to reinstatement or the hiring of employees with or without back pay. A
court may order back pay in an action under this subsection only for the two-year period imme-
diately preceding the filing of a complaint under ORS 659A.820 with the Commissioner of the Bureau
of Labor and Industries, or if a complaint was not filed before the action was commenced, the two-
year period immediately preceding the filing of the action. In any action under this subsection, the
court may allow the prevailing party costs and reasonable attorney fees at trial and on appeal. Ex-
cept as provided in subsection (3) of this section:
    (a) The judge shall determine the facts in an action under this subsection; and
    (b) Upon any appeal of a judgment in an action under this subsection, the appellate court shall
review the judgment pursuant to the standard established by ORS 19.415 (3).
    (2) An action may be brought under subsection (1) of this section alleging a violation of:
    (a) ORS 10.090, 10.092, 25.337, 25.424, 171.120, 243.323, 408.230, 408.237 (2), 468B.519, 475C.285,
476.574, 652.020, 652.220, 652.355, 653.060, 653.263, 653.265, 653.547, 653.549, 653.601 to 653.661,
657B.060, 657B.070, 659.852, 659A.030, 659A.040, 659A.043, 659A.046, 659A.063, 659A.069, 659A.082,
659A.088, 659A.103 to 659A.145, 659A.147, 659A.150 to 659A.186, 659A.194, 659A.199, 659A.203,
659A.218, 659A.228, 659A.230, 659A.233, 659A.236, 659A.250 to 659A.262, 659A.277, 659A.290,
659A.300, 659A.306, 659A.309, 659A.315, 659A.318, 659A.320, 659A.343, 659A.355, 659A.357, 659A.370
or 659A.421 or section 4 of this 2026 Act; or
    (b) ORS 653.470, except an action may not be brought for a claim relating to ORS 653.450.
    (3) In any action under subsection (1) of this section alleging a violation of ORS 25.337, 25.424,
243.323, 652.220, 652.355, 653.547, 653.549, 657B.060, 657B.070, 659.852, 659A.030, 659A.040, 659A.043,
659A.046, 659A.069, 659A.082, 659A.103 to 659A.145, 659A.199, 659A.203, 659A.228, 659A.230,
659A.250 to 659A.262, 659A.290, 659A.318, 659A.343, 659A.355, 659A.357, 659A.370 or 659A.421 or
section 4 of this 2026 Act:
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     (a) The court may award, in addition to the relief authorized under subsection (1) of this section,
compensatory damages or $200, whichever is greater, and punitive damages;
     (b) At the request of any party, the action shall be tried to a jury;
     (c) Upon appeal of any judgment finding a violation, the appellate court shall review the judg-
ment pursuant to the standard established by ORS 19.415 (1); and
     (d) Any attorney fee agreement shall be subject to approval by the court.
     (4) Notwithstanding ORS 31.730, in an action under subsection (1) of this section alleging a vi-
olation of ORS 652.220, the court may award punitive damages if:
     (a) It is proved by clear and convincing evidence that an employer has engaged in fraud, acted
with malice or acted with willful and wanton misconduct; or
     (b) An employer was previously adjudicated in a proceeding under this section or under ORS
659A.850 for a violation of ORS 652.220.
     (5) In any action under subsection (1) of this section alleging a violation of ORS 653.060 or
659A.147, the court may award, in addition to the relief authorized under subsection (1) of this sec-
tion, compensatory damages or $200, whichever is greater.
     (6) In any action under subsection (1) of this section alleging a violation of ORS 171.120, 476.574
or 659A.218, the court may award, in addition to the relief authorized under subsection (1) of this
section, compensatory damages or $250, whichever is greater.
     (7) In any action under subsection (1) of this section alleging a violation of ORS 10.090 or 10.092,
the court may award, in addition to the relief authorized under subsection (1) of this section, a civil
penalty in the amount of $720.
     (8) Any individual against whom any distinction, discrimination or restriction on account of
race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age,
if the individual is 18 years of age or older, has been made by any place of public accommodation,
as defined in ORS 659A.400, by any employee or person acting on behalf of the place or by any
person aiding or abetting the place or person in violation of ORS 659A.406 may bring an action
against the operator or manager of the place, the employee or person acting on behalf of the place
or the aider or abettor of the place or person. Notwithstanding subsection (1) of this section, in an
action under this subsection:
     (a) The court may award, in addition to the relief authorized under subsection (1) of this section,
compensatory and punitive damages;
     (b) The operator or manager of the place of public accommodation, the employee or person
acting on behalf of the place, and any aider or abettor shall be jointly and severally liable for all
damages awarded in the action;
     (c) At the request of any party, the action shall be tried to a jury;
     (d) The court shall award reasonable attorney fees to a prevailing plaintiff;
     (e) The court may award reasonable attorney fees and expert witness fees incurred by a de-
fendant who prevails only if the court determines that the plaintiff had no objectively reasonable
basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court;
and
     (f) Upon any appeal of a judgment under this subsection, the appellate court shall review the
judgment pursuant to the standard established by ORS 19.415 (1).
     (9) When the commissioner or the Attorney General has reasonable cause to believe that a
person or group of persons is engaged in a pattern or practice of resistance to the rights protected
by ORS 659A.145 or 659A.421 or federal housing law, or that a group of persons has been denied
any of the rights protected by ORS 659A.145 or 659A.421 or federal housing law, the commissioner
or the Attorney General may file a civil action on behalf of the aggrieved persons in the same
manner as a person or group of persons may file a civil action under this section. In a civil action
filed under this subsection, the court may assess against the respondent, in addition to the relief
authorized under subsections (1) and (3) of this section, a civil penalty:
     (a) In an amount not exceeding $50,000 for a first violation; and
     (b) In an amount not exceeding $100,000 for any subsequent violation.
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     (10) In any action under subsection (1) of this section alleging a violation of ORS 659A.145 or
659A.421 or alleging discrimination under federal housing law, when the commissioner is pursuing
the action on behalf of an aggrieved complainant, the court shall award reasonable attorney fees to
the commissioner if the commissioner prevails in the action. The court may award reasonable at-
torney fees and expert witness fees incurred by a defendant that prevails in the action if the court
determines that the commissioner had no objectively reasonable basis for asserting the claim or for
appealing an adverse decision of the trial court.
     (11) In an action under subsection (1) or (9) of this section alleging a violation of ORS 659A.145
or 659A.421 or discrimination under federal housing law:
     (a) “Aggrieved person” includes a person who believes that the person:
     (A) Has been injured by an unlawful practice or discriminatory housing practice; or
     (B) Will be injured by an unlawful practice or discriminatory housing practice that is about to
occur.
     (b) An aggrieved person in regard to issues to be determined in an action may intervene as of
right in the action. The Attorney General may intervene in the action if the Attorney General cer-
tifies that the case is of general public importance. The court may allow an intervenor prevailing
party costs and reasonable attorney fees at trial and on appeal.
  LAW ENFORCEMENT PROFILING
    SECTION 6. ORS 131.915 is amended to read:
    131.915. As used in ORS 131.915 to 131.925:
    (1) “Gender identity” has the meaning given that term in ORS 174.100.
    (2) “Law enforcement agency” means:
    (a) The Department of State Police;
    (b) The Department of Justice;
    (c) A district attorney’s office; and
    (d) Any of the following that maintains a law enforcement unit as defined in ORS 181A.355:
    (A) A political subdivision or an instrumentality of the State of Oregon.
    (B) A municipal corporation of the State of Oregon.
    (C) A tribal government.
    (D) A university.
    (3) “Law enforcement officer” means:
    (a) A member of the Oregon State Police;
    (b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer
commissioned by a university under ORS 352.121 or 353.125;
    (c) An investigator of a district attorney’s office if the investigator is or has been certified as
a law enforcement officer in this or any other state;
    (d) An investigator of the Criminal Justice Division of the Department of Justice;
    (e) A humane special agent as defined in ORS 181A.345;
    (f) A judicial marshal of the Marshal’s Office of the Judicial Department who is appointed under
ORS 1.177 and trained pursuant to ORS 181A.540;
    (g) A regulatory specialist exercising authority described in ORS 471.775 (2); or
    (h) An authorized tribal police officer as defined in ORS 181A.940.
    (4) “Profiling” means the targeting of an individual by a law enforcement agency or a law
enforcement officer, on suspicion of the individual’s having violated a provision of law, based solely
on the individual’s real or perceived age, race, ethnicity, color, national origin, immigration sta-
tus, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness
or disability, unless the agency or officer is acting on a suspect description or information related
to an identified or suspected violation of a provision of law.
    (5) “Sexual orientation” has the meaning given that term in ORS 174.100.
    SECTION 7. ORS 131.930 is amended to read:
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     131.930. As used in ORS 131.930 to 131.945:
     (1) “Gender identity” has the meaning given that term in ORS 174.100.
     (2) “Law enforcement agency” means an agency employing law enforcement officers to enforce
criminal laws.
     (3) “Law enforcement officer” means a member of the Oregon State Police, a sheriff or a mu-
nicipal police officer.
     (4) “Officer-initiated pedestrian stop” means a detention of a pedestrian by a law enforcement
officer that is not associated with a call for service. The term does not apply to detentions for
routine searches performed at the point of entry to or exit from a controlled area.
     (5) “Officer-initiated traffic stop” means a detention of a driver of a motor vehicle by a law
enforcement officer, not associated with a call for service, for the purpose of investigating a sus-
pected violation of the Oregon Vehicle Code.
     (6) “Profiling” means the targeting of an individual by a law enforcement agency or a law
enforcement officer, on suspicion of the individual’s having violated a provision of law, based solely
on the individual’s real or perceived age, race, ethnicity, color, national origin, immigration sta-
tus, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness
or disability, unless the agency or officer is acting on a suspect description or information related
to an identified or suspected violation of a provision of law.
     (7) “Sexual orientation” has the meaning given that term in ORS 174.100.
     SECTION 8. The unit captions used in this 2026 Act are provided only for the convenience
of the reader and do not become part of the statutory law of this state or express any leg-
islative intent in the enactment of this 2026 Act.
     SECTION 9. This 2026 Act takes effect on the 91st day after the date on which the 2026
regular session of the Eighty-third Legislative Assembly adjourns sine die.
Passed by House February 19, 2026  Received by Governor:
  ........................M.,........................................................., 2026
       ..................................................................................
  Approved:
  Timothy G. Sekerak, Chief Clerk of House
  ........................M.,........................................................., 2026
       ..................................................................................
  Julie Fahey, Speaker of House
  ..................................................................................
  Tina Kotek, Governor
Passed by Senate March 5, 2026
  Filed in Office of Secretary of State:
       ..................................................................................   ........................M.,........................................................., 2026
  Rob Wagner, President of Senate
  ..................................................................................
  Tobias Read, Secretary of State
Enrolled House Bill 4111 (HB 4111-A)  Page 5