Oregon Administrative Code

839-005-0125 Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices (1) This rule interprets ORS 659A.030(1)(f). (2) A person will be found to have unlawfully retaliated against any other person if: (a) That other person has engaged in protected a…

839-005-0130 Discrimination Based on Protected Activity: Employees Serving or Scheduled to Serve as Jurors (1) An employer commits an unlawful employment practice under ORS chapter 659A if the employer discharges, threatens to discharge, intimidates or coerces any employee by rea…

839-005-0135 Discrimination Based on Protected Activity: Insurance Coverage for Employees Serving as Jurors (1) An employer who employs 10 or more persons commits an unlawful employment practice under ORS chapter 659A if: (a) The employer ceases to provide health, disability, lif…

839-005-0138 Discrimination Based on Protected Activity: Child Support Obligations (1) For purposes of this rule: (a) “Child” has the meaning given that term in ORS 110.303. (b) “Child support” means an obligation imposed or imposable by law to provide support, including but not …

839-005-0140 Accommodation of Employee Religious Practices (1) An employer violates ORS 659A.030 if the employer does not allow an employee to use vacation leave, or other leave available to the employee, for the purpose of allowing an employee to engage in the religious observan…

839-005-0160 Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices (1) ORS 659A.290 provides that it is an unlawful practice for an employer, because an individual is a victim of domestic violence, harassment, sexual a…

839-005-0170 Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation; Certification; Records Confidential (1) A “reasonable safety accommodation” for a victim of domestic violence, harassment, sexual assault or stalkin…

839-005-0195 Housing Discrimination: Purpose and Scope (1) The public policy of the State of Oregon guarantees all individuals the fullest possible participation in the social and economic life of the state, including the right to purchase, lease, rent or occupy property without …

839-005-0200 Housing Discrimination: Definitions (1) “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 practi…

839-005-0205 Housing Discrimination: Prohibited Discrimination in Real Property Transactions (1) A person may not, because of race, color, religion, sex, sexual orientation, national origin, marital status, disability, familial status, source of income or other protected class of…

839-005-0206 Discrimination Theories: Housing (1) For the purposes of housing discrimination complaints under ORS 659A.145 or 659A.421 or discrimination complaints under the federal Fair Housing Act (42 U.S.C. §3601–3617) an aggrieved person need not be a member of a protected cl…

839-005-0210 Housing Discrimination: Exceptions (1) OAR 839-005-0205 does not apply with respect to sex distinction, discrimination or restriction if the real property involved is such that the application of OAR 839-005-0205 would necessarily result in common use of bath or bedr…

839-005-0215 Housing Discrimination: Religious Exemption It is not an unlawful practice for a bona fide church or other religious institution to take any action with respect to housing based on a bona fide religious belief about sexual orientation as long as the housing is closel…

839-005-0220 Housing Discrimination: Discrimination in Real Property Transactions Against Individuals Based on Disabilities (1) Individuals protected from discrimination on the basis of disability in real property transactions include any individual with a disability associated w…

839-005-0300 Discrimination by Career Schools: Purpose and Scope (1) ORS 345.240 prohibits unlawful discrimination by career schools licensed under ORS 345.010 to 345.450. (2) A violation of ORS 345.240 is an unlawful practice under ORS chapter 659A. The provisions of ORS Chapter…

839-005-0305 Discrimination by Career Schools: Definitions For purposes of ORS 345.240 and these rules: (1) “Agent” means an individual who: (a) Is employed by or for a career school, or is working on behalf of the school under a contract, for the purpose of procuring students, e…

839-005-0310 Discrimination by Career Schools: Unlawful Discrimination (1) No career school or its agent may, based on the protected classes of age, disability, national origin, race, color, marital status, religion, sex or sexual orientation of an individual or any other individ…

839-005-0315 Discrimination Theories: Career Schools (1) Intentional Unlawful Discrimination: Substantial evidence of intentional unlawful discrimination exists if the division's investigation reveals evidence that a reasonable person would accept as sufficient to support the fol…

839-005-0320 Discrimination by Career Schools: Authority of Superintendent of Public Instruction Related to Complaints under ORS 345.240 (1) Pursuant to ORS 345.120, the Superintendent of Public Instruction of the State of Oregon has authority to suspend or revoke licenses of car…

839-005-0325 Discrimination by Career Schools: Retaliation or Discrimination Pursuant to, ORS 659.852(1)(b), it is an unlawful practice for a career school or its agent to retaliate or discriminate against any individual because the individual has in good faith reported informati…

839-005-0400 Employer Access to Employee or Applicant Social Media Accounts: Unlawful Employment Practice (1) It is an unlawful employment practice for an employer to: (a) Require or request an employee or an applicant for employment to establish or maintain a personal social med…

839-006-0100 Injured Workers: Purpose and Scope (1) The Civil Rights Division of the Bureau of Labor and Industries enforces the provisions of ORS 659A.040 to 659A.052, prohibiting discrimination against employees who use the Workers’ Compensation statutes and providing specific …

839-006-0105 Injured Workers: Definitions (1) "Attending physician" means a physician or physician’s assistant primarily responsible for the treatment of a worker's on-the-job injury as described in ORS 656.005(12). (2) “Authorized nurse practitioner” means a nurse practitioner a…

839-006-0115 Injured Workers: Covered Employees and Employers (1) As provided in ORS 659A.040, an employer may not discriminate against employees or applicants with respect to hire or tenure or any term or condition of employment because the worker has applied for benefits or inv…

839-006-0117 Injured Workers: Prohibited Discrimination (1) Pursuant to ORS 659A.040, unlawful employment practices include: (a) Refusal to hire or promote, to bar or discharge from employment or to discriminate in compensation, terms, conditions or privileges of employment becau…

839-006-0130 Injured Workers: Reinstatement Under ORS 659A.043 (1) An employer with 21 or more employees at the time of a worker's on-the-job injury or at the time an injured worker demands reinstatement to the former position must reinstate the worker to the worker's former posi…

839-006-0131 Injured Workers: Loss of Reinstatement Rights Under ORS 659A.043 (1) An injured worker meeting the requirements for reinstatement under ORS 659A.043 loses the right to reinstatement to the worker's former position when any of the following occurs: (a) A medical deter…

839-006-0135 Injured Workers: Reemployment Under ORS 659A.046 (1) An employer with six or more employees at the time of the worker's on-the-job injury or at the time of the injured worker's demand for reemployment must reemploy an injured worker disabled from performing the dutie…

839-006-0136 Injured Workers: Loss of Reemployment Rights Under ORS 659A.046 An injured worker meeting the requirements for reemployment under ORS 659A.046 loses the right to reemployment to an available, suitable position when any of the following occurs: (1) A medical determina…

839-006-0145 Injured Workers: Suitable Employment (1) An employer required to return an injured worker to a vacant, suitable position under ORS 659A.043 or an available, suitable position under 659A.046, is not required to offer the worker a selection of suitable positions. (2) I…

839-006-0146 Injured Workers: Injured Temporary Workers and Employer Responsibilities Subject to these rules regarding position availability and suitability, and except as otherwise provided in a valid collective bargaining agreement: (1) A worker serving on probationary or trial…

839-006-0150 Injured Workers: Retention and Loss of Reinstatement and Reemployment Rights (1) An injured worker does not lose the right to reinstatement or reemployment under ORS 659A.043 or 659A.046 if: (a) An employer discharges all employees who are off the job for a certain a…

839-006-0200 Disability and Employment Rights: Purpose and Scope (1) It is the policy of the State of Oregon to guarantee individuals with disabilities the fullest possible participation in the social and economic life of the state, including employment. The people of Oregon have…

839-006-0202 Disability and Employment Rights: Determining Disability under ORS 659A.103 to 659A.142 The determination of whether an individual has a disability shall be construed in favor of broad coverage of individuals under ORS 659A.103 to 659A.142, to the maximum extent perm…

839-006-0205 Disability and Employment Rights: Definitions (1) "Disability" means: (a) A physical or mental impairment that substantially limits one or more major life activities of the individual. (b) A record of having a physical or mental impairment that substantially limits o…

839-006-0206 Disability and Employment Rights: Reasonable Accommodation (1) "Reasonable Accommodation" means modifications or adjustments: (a) To a job application process that enable a qualified applicant with a disability to be considered for the position; (b) To the work envir…

839-006-0212 Disability and Employment Rights: Determining Whether an Impairment Substantially Limits a Major Life Activity (1) When determining whether an impairment substantially limits a major life activity of an individual, the determination shall be made without regard to th…

839-006-0240 Disability and Employment Rights: Temporary or Progressive Impairments (1) The effects of an impairment lasting or expected to last fewer than six months can be substantially limiting within the meaning of ORS 659A.104 and these rules. (2) Conditions that are progres…

839-006-0242 Disability and Employment Rights: Medical Evaluation (1) An employer may not require any applicant to obtain a medical examination or evaluation prior to an offer of employment. (2) An employer may require a medical examination or evaluation after making an employmen…

839-006-0244 Disability and Employment Rights: Direct Threat to Health or Safety, Employment (1) Notwithstanding other provisions of these rules, an employer may refuse to employ an individual with a disability posing a direct threat to the health or safety of others. Direct thre…

839-006-0250 Disability and Employment Rights: Customer or Co-Worker Preference An employer may not consider the attitude or preference of employers, managers, supervisors, co-workers, customers, clients or the general public toward an individual’s perceived or actual impairment …

839-006-0255 Disability and Employment Rights: Effect of Law Where a state or federal law or regulation prevents employment in a particular position of an individual with a specified, medically verifiable impairment or specified severity of impairment, an employer is not required…

839-006-0265 Disability and Employment Rights: Subterfuge An employer may not use the provisions of these rules as a subterfuge to avoid the employer's duty not to discriminate under ORS 659A.103 to 659A.142. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS…

839-006-0270 Discrimination against Persons with Disabilities by State Government: Purpose and Scope (1) ORS 659A.103 provides that it is the policy of the State of Oregon to guarantee individuals the fullest possible participation in the social and economic life of the state, in…

839-006-0275 Defining Disability for Purposes of Discrimination by State Government (1) “Disability” has the meaning given in OAR 839-006-0205(1) and (8). (2) "Major life activity” has the meaning given in OAR 839-006-0205(6). (3) "Physical or mental impairment" has the meaning g…

839-006-0280 Discrimination against Persons with Disabilities by State Government: Definitions (1) For purposes of ORS 659A.142(5) and these rules, "state government" has the meaning given to that term in ORS 174.111 and includes the executive, judicial and legislative department…

839-006-0290 Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities (1) Public transportation services, programs, and activities of public entities are subject to Title II of the federal Americans with Disabilities Act and…

839-006-0291 Discrimination against Persons with Disabilities by State Government: Reasonable Modifications (1) State government shall make reasonable modifications in services, programs or activities, including but not limited to policies and procedures, when the modifications a…

839-006-0292 Discrimination against Persons with Disabilities by State Government: Definitions for Auxiliary Aids and Services (1) "Qualified interpreter" means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effect…

839-006-0295 Discrimination against Persons with Disabilities by State Government: Provision of Auxiliary Aids and Services (1) Except as provided for in subsection (3) of this section, state government must provide auxiliary aids and services when necessary to ensure equal acces…