Oregon Law
Law as of Jan 1, 2024
Chapter contents
659A.001Definitions 659A.003Purpose of ORS chapter 659A 659A.004Short title 659A.006Declaration of policy against unlawful discrimination; opportunity to obtain employment without unlawful discrimination recognized as a civil right; exception of religious group 659A.009Declaration of policy against discrimination in employment because of age 659A.012State agencies to carry out policy against discrimination in employment; evaluation of supervisors; affirmative action reports 659A.015Affirmative action reports to include information on contracts to minority businesses 659A.029“Because of sex” defined for ORS 659A.030 659A.030Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited 659A.033Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices; determination of reasonable accommodation 659A.036Short title 659A.040Discrimination against worker applying for or inquiring about workers’ compensation benefits prohibited 659A.043Reinstatement of injured worker to former position; certificate evidencing ability to work; effect of collective bargaining agreement; termination of right to reinstatement; when reinstatement right terminates 659A.046Reemployment of injured worker in other available and suitable work; termination of right to reemployment; effect of collective bargaining agreement 659A.049Rights of reinstatement and reemployment protected 659A.052Reemployment rights of injured state workers; rules 659A.060Definitions for ORS 659A.060 to 659A.069 659A.063State to continue group health benefits for injured worker and covered dependents; when ended 659A.066Worker may continue benefits after employer’s obligation ends 659A.069Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited 659A.082Discrimination against person for service in uniformed service prohibited 659A.086Employment rights of members of organized militia when called into active state service 659A.088Violation of ORS 659A.086 as unlawful employment practice; complaint; remedies and penalties 659A.089Notification to Director of Veterans’ Affairs 659A.090Definitions for ORS 659A.090 to 659A.099 659A.093Employer required to provide leave; job protection; benefits; notice to employer; use of accrued leave; rules 659A.096Denial of leave, retaliation and discrimination prohibited 659A.099Short title 659A.100[Formerly 659.400; 2003 c.254 §1; 2007 c.70 §289; 2009 c.508 §3; renumbered 659A.122 in 2009] 659A.103Policy 659A.104Description of disability for purposes of ORS 659A.103 to 659A.145 659A.106Employers to whom ORS 659A.112 to 659A.139 apply 659A.109Discrimination against individual for using procedures in ORS 659A.103 to 659A.145 prohibited 659A.112Employment discrimination 659A.115Qualification for position 659A.118Reasonable accommodation 659A.121Undue hardship 659A.122Definitions for ORS 659A.124, 659A.127 and 659A.130 659A.124Illegal use of drugs 659A.127Permitted employer action 659A.130Conditions that do not constitute impairment 659A.133Medical examinations and inquiries of job applicants 659A.136Medical examinations and inquiries of employees 659A.139Construction of ORS 659A.103 to 659A.145 659A.141Damages recoverable for harm or theft of assistance animal 659A.142Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited; discrimination in provision of healthcare; mental disorder treatment not evidence of inability to manage property 659A.143Assistance animals 659A.144Required accommodations in transient lodging; liability; limitations on applicability 659A.145Discrimination against individual with disability in real property transactions prohibited; advertising discriminatory preference prohibited; allowance for reasonable modification; assisting discriminatory practices prohibited 659A.146Reasonable accommodation 659A.147Prohibited conduct; posting requirements; Commissioner of Bureau of Labor and Industries to develop training and education materials; undue hardship exception; remedies 659A.148Employers to whom provisions relating to reasonable accommodation apply 659A.150Definitions for ORS 659A.150 to 659A.186 659A.153Covered employers 659A.156Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked 659A.157Determining family member by reason of affinity 659A.159Purposes for which family leave may be taken 659A.162Length of leave; conditions; rules 659A.164Meaning of “one-year period” for purposes of determining amount of leave available to eligible employee; rules 659A.165Notice to employer 659A.168Medical verification and scheduling of treatment; exceptions 659A.171Job protection; benefits 659A.174Use of paid leave 659A.177Special rules for teachers 659A.180Postings by employer 659A.183Denying family leave to eligible employee prohibited; retaliation prohibited 659A.186Exclusivity of provisions; construction; concurrent leave 659A.190Definitions for ORS 659A.190 to 659A.198 659A.192Leave to attend criminal proceeding; undue hardship on employer; scheduling criminal proceeding 659A.194Denying leave to employee prohibited 659A.196Notice to employer; records confidential 659A.198Use of paid leave 659A.199Prohibited conduct by employer 659A.200Definitions for ORS 659A.200 to 659A.224 659A.203Prohibited conduct by public or nonprofit employer; prohibited conduct by school services employer during public health emergency; remedies 659A.206Effects of ORS 659A.200 to 659A.224 on employees 659A.209Effect on public record disclosures 659A.210Affirmative defense 659A.212Policy on cooperation with law enforcement officials; duty to report person subject to warrant for arrest 659A.215Remedies not exclusive 659A.218Disclosure of employee’s name without consent prohibited 659A.219Uniform standards and procedures manual for implementation of Whistleblower Law; requirements 659A.220Bureau of Labor and Industries to collect and compile information relating to disclosures; report to legislature 659A.221Uniform application to all public employers; optional procedure for disclosures; rules 659A.224Short title 659A.228Discrimination for reporting violation of election laws prohibited 659A.230Discrimination for initiating or aiding in criminal or civil proceedings prohibited; remedies not exclusive 659A.233Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited 659A.236Discrimination for testifying before Legislative Assembly, committee or task force prohibited 659A.250Definitions for ORS 659A.250 to 659A.262 659A.253Restriction of access to employee housing owned or controlled by employer prohibited; telephone accessibility 659A.256Regulations by employers concerning use and occupancy of employee housing; requirements; notice 659A.259Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited; enforcement 659A.262Warrant on behalf of person entitled to access to housing; vacation of warrant; rules 659A.270Definitions for ORS 659A.270 to 659A.285 659A.272Employer required to provide leave 659A.275Undue hardship 659A.277Denying leave to employee prohibited 659A.279Required posting of summaries of statutes and rules 659A.280Notice to employer; records confidential 659A.283Paid leave for public employees 659A.285Use of paid leave 659A.290Prohibited conduct by employer; records confidential 659A.300Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited; exceptions 659A.303Employer prohibited from obtaining, seeking to obtain or using genetic information 659A.306Requiring employee to pay for medical examination as condition of continued employment prohibited; exceptions 659A.309Discrimination solely because of employment of another family member prohibited; exceptions 659A.312Leave of absence to donate bone marrow; verification by employer 659A.314Discrimination for service as appointed member of state board or commission; requiring employee to use accrued leave prohibited; remedy for violation 659A.315Restricting use of tobacco in nonworking hours prohibited; exceptions 659A.318Discrimination relating to academic degree in theology or religious occupations prohibited 659A.320Discrimination based on information in credit history prohibited; exceptions; remedies for violation 659A.321Seniority systems and benefit plans not unlawful employment practices 659A.330Employee social media account privacy; exception 659A.340Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited; remedy 659A.343Discrimination based on individual’s presentation of identification other than Real ID prohibited; remedies 659A.347Discrimination related to possession of valid driver license 659A.350Interns 659A.355Discrimination based on wage inquiry or wage complaint; exception 659A.357Restricting salary history inquiries 659A.360Restricting criminal conviction inquiries; exceptions 659A.362Enforcement 659A.370Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct; exceptions; remedies 659A.375Employer policies relating to prevention of discrimination and sexual assault; requirements 659A.377Requirements for mediation related to claims or allegations of unlawful conduct as described under ORS 659A.370 659A.380When severance or separation agreements are voidable by employer 659A.390Restrictions on no-rehire provisions as condition of workers’ compensation settlements; exceptions; remedy for violation; civil penalties 659A.400Place of public accommodation defined 659A.403Discrimination in place of public accommodation prohibited 659A.406Aiding or abetting certain discrimination prohibited 659A.409Notice that discrimination will be made in place of public accommodation prohibited; age exceptions 659A.410Refusing to accept currency or coins as payment prohibited; exceptions; remedies for violation 659A.411Definitions for ORS 659A.411 to 659A.415 659A.413Denial of access prohibited; exception 659A.415Liability for damages; physical changes not required 659A.417Violation of ORS 659A.413 659A.419Closed captioning required on television receivers in places of public accommodation; exceptions; training requirements; penalties; rules 659A.420[Formerly 659.031; repealed by 2008 c.36 §17] 659A.421Discrimination in selling, renting or leasing real property prohibited 659A.424[2003 c.378 §2; 2007 c.100 §9; repealed by 2007 c.903 §§15,15a] 659A.425Violation based on facially neutral housing policy 659A.550Discrimination because of employment status prohibited; penalties 659A.800Elimination and prevention of discrimination by Bureau of Labor and Industries; subpoenas 659A.805Rules for carrying out ORS chapter 659A 659A.810Willful interference with administration of law and violation of orders of commissioner prohibited 659A.815Advisory agencies and intergroup-relations councils 659A.820Complaints 659A.825Complaints filed by Attorney General or commissioner; temporary cease and desist orders in certain cases 659A.830Authority of commissioner 659A.835Investigation; finding of substantial evidence 659A.840Settlement 659A.845Formal charges 659A.850Hearing; orders; fees 659A.855Civil penalty for certain complaints filed by commissioner 659A.860Settlement agreements and orders 659A.865Retaliatory action prohibited 659A.870Election of remedies 659A.875Time limitations 659A.880Ninety-day notice 659A.885Civil action 659A.890Civil action for violation of ORS 659A.865 659A.990Penalties

Chapter 659A — Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement DEFINITIONS (Benefits for Injured State Workers and Covered Dependents)

ORS 659A.115 Qualification for position

For the purposes of ORS 659A.112, an individual is qualified for a position if the individual, with or without reasonable accommodation, can perform the essential functions of the position. For the purpose of determining the essential functions of the position, due consideration shall be given to the employer’s determination as to the essential functions of a position. If an employer has prepared a written description before advertising or interviewing applicants for a job, the position description shall be considered evidence of the essential functions of the job.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.