US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Section 659A.103 – Policy.

(1) It is declared to be the public policy of Oregon to guarantee individuals the fullest possible participation in the social and economic life of the state, to engage in remunerative employment, to use and enjoy places of public accommodation, resort or amusement, to participate in and receive the benefits of the services, programs and […]

Section 659A.112 – Employment discrimination.

(1) It is an unlawful employment practice for any employer to refuse to hire, employ or promote, to bar or discharge from employment or to discriminate in compensation or in terms, conditions or privileges of employment on the basis of disability. (2) An employer violates subsection (1) of this section if the employer does any […]

Section 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 […]

Section 659A.118 – Reasonable accommodation.

(1) For the purposes of ORS 659A.112, reasonable accommodation may include: (a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities. (b) Job restructuring, part-time or modified work schedules or reassignment to a vacant position. (c) Acquisition or modification of equipment or devices. (d) Appropriate adjustment or modification of […]

Section 659A.121 – Undue hardship.

(1) For the purposes of ORS 659A.112, an accommodation imposes an undue hardship on the operation of the business of the employer if the accommodation requires significant difficulty or expense. (2) For the purpose of determining whether an accommodation requires significant difficulty or expense, the following factors shall be considered: (a) The nature and the […]

Section 659A.122 – Definitions for ORS 659A.124, 659A.127 and 659A.130.

As used in this section and ORS 659A.124, 659A.127 and 659A.130: (1) “Drug” means a controlled substance, as classified in schedules I through V of section 202 of the federal Controlled Substances Act, as amended, and as modified under ORS 475.035. (2) “Illegal use of drugs” means any use of drugs, the possession or distribution […]

Section 659A.124 – Illegal use of drugs.

(1) Subject to the provisions of subsection (2) of this section, the protections of ORS 659A.112 do not apply to any job applicant or employee who is currently engaging in the illegal use of drugs if the employer takes action based on that conduct. (2) The protections of ORS 659A.112 apply to the following individuals: […]

Section 659A.127 – Permitted employer action.

ORS 659A.112 to 659A.139 do not affect the ability of an employer to do any of the following: (1) An employer may prohibit the transfer, offering, sale, purchase or illegal use of drugs at the workplace by any employee. An employer may prohibit possession of drugs except for drugs prescribed by a licensed health care […]

Section 659A.130 – Conditions that do not constitute impairment.

For the purposes of ORS 659A.112 to 659A.139, the following conditions are not physical or mental impairments, and an individual with one or more of the following conditions does not have a disability for the purposes of ORS 659A.112 to 659A.139 solely by reason of that condition: (1) Pedophilia, exhibitionism, voyeurism or other sexual behavior […]

Section 659A.133 – Medical examinations and inquiries of job applicants.

(1) Except as provided in this section, an employer violates ORS 659A.112 if the employer conducts a medical examination of a job applicant, makes inquiries of a job applicant as to whether the applicant has a disability or makes inquiries as to the nature or severity of any disability of the applicant. (2) An employer […]

Section 659A.136 – Medical examinations and inquiries of employees.

(1) Except as provided in this section, an employer may not require that an employee submit to a medical examination, may not make inquiries of an employee as to whether the employee has a disability, and may not make inquiries of an employee as to the nature or severity of any disability of the employee, […]

Section 659A.139 – Construction of ORS 659A.103 to 659A.145.

(1) ORS 659A.103 to 659A.144 shall be construed to the extent possible in a manner that is consistent with any similar provisions of the federal Americans with Disabilities Act of 1990, as amended by the federal ADA Amendments Act of 2008 and as otherwise amended. (2) The determination of whether an individual has a disability […]

Section 659A.141 – Damages recoverable for harm or theft of assistance animal.

(1) In addition to and not in lieu of any other penalty provided by state law, a person with a disability who uses an assistance animal or the owner of an assistance animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the assistance animal. The […]

Section 659A.142 – Discrimination 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.

(1) As used in this section: (a) “Health care facility” has the meaning given that term in ORS 442.015. (b) “Health professional regulatory board” has the meaning given that term in ORS 676.160. (c) “Medical resources” includes but is not limited to: (A) Medical devices or equipment. (B) Prescription drugs. (C) Laboratory testing. (d) “Provider” […]

Section 659A.143 – Assistance animals.

(1) As used in this section: (a) “Assistance animal” means a dog or other animal designated by administrative rule that has been individually trained to do work or perform tasks for the benefit of an individual. (b) “Assistance animal trainee” means an animal that is undergoing a course of development and training to do work […]

Section 659A.145 – Discrimination against individual with disability in real property transactions prohibited; advertising discriminatory preference prohibited; allowance for reasonable modification; assisting discriminatory practices prohibited.

(1) As used in this section: (a) “Dwelling” has the meaning given that term in ORS 659A.421. (b) “Purchaser” has the meaning given that term in ORS 659A.421. (2) A person may not discriminate because of a disability of a purchaser, a disability of an individual residing in or intending to reside in a dwelling […]