Title 51, Labor and Employment; Unlawful Discrimination

ORS 659A.090 to 659A.099 may be cited as the Oregon Military Family Leave Act. [2009 c.559 §2]

(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 participat…

(1) An individual has a disability for the purposes of ORS 659A.103 to 659A.145 if the individual meets any one of the following criteria: (a) The individual has a physical or mental impairment that substantially limits one or more major life activities of the individual. (b) The…

The requirements of ORS 659A.112 to 659A.139 apply only to employers who employ six or more persons. The requirements of ORS 659A.112 to 659A.139 do not apply to the Oregon National Guard. [2001 c.621 §23; 2011 c.210 §1]

It is an unlawful employment practice for an employer to discriminate against an individual with respect to hire or tenure or any term or condition of employment because the individual has applied for benefits or invoked or used the procedures provided for in ORS 659A.103 to 659A…

(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 subsect…

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 …

(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 …

(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 diff…

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” mean…

(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…

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 drug…

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) 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 disa…

(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 d…

(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 determi…

(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 provocat…

(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 equipm…

(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…

(1) As used in this section: (a) “Lift system” means a system that: (A) Is used to transfer a person to a bed, toilet, shower or bathtub, but does not provide the person with independent mobility; (B) May be a manual lift, an electronic lift or a lift that uses a track system; an…

(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 int…

For purposes of ORS 659A.147, reasonable accommodation may include, but need not be limited to: (1) Acquisition or modification of equipment or devices; (2) More frequent or longer break periods or periodic rest; (3) Assistance with manual labor; or (4) Modification of work sched…

(1) It is an unlawful employment practice for an employer, because of known limitations related to pregnancy, childbirth or a related medical condition, including but not limited to lactation, of a job applicant or an employee, to: (a) Deny employment opportunities to an applican…

The requirements of ORS 659A.147 apply only to employers who employ six or more persons. [2019 c.139 §4] FAMILY LEAVE

As used in ORS 659A.150 to 659A.186: (1) “Covered employer” means an employer described in ORS 659A.153. (2) “Eligible employee” means any employee of a covered employer other than those employees exempted under the provisions of ORS 659A.156. (3) “Family leave” means a leave of …

(1) The requirements of ORS 659A.150 to 659A.186 apply only to employers who employ 25 or more persons in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which the leave is to be taken or in the year immediately preceding the y…

(1) All employees of a covered employer are eligible to take leave for any of the purposes specified in ORS 659A.150 to 659A.186 except: (a) An employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would co…

In order to determine whether an individual qualifies as a family member by reason of affinity, as that term is used in ORS 659A.150, consideration shall be given to whether there exists a significant personal bond attributable to factors, established by the Commissioner of the B…

(1) Family leave under ORS 659A.150 to 659A.186 may be taken by an eligible employee for any of the following purposes: (a) To care for a child of the employee who is suffering from an illness, injury or condition that requires home care or who requires home care due to the closu…

(1)(a) Except as specifically provided by ORS 659A.150 to 659A.186, an eligible employee is entitled to up to a total of 12 weeks of family leave for a purpose described in ORS 659A.159 within any one-year period. (b) Leave taken under ORS 659A.150 to 659A.186 is in addition to, …

(1) For purposes of determining the amount of family leave that an eligible employee is entitled to take within a given one-year period, “one-year period” means a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave commences…

(1) Except as provided in subsection (2) of this section, a covered employer may require an eligible employee to give the employer written notice at least 30 days before commencing family leave. The employer may require the employee to include an explanation of the need for the l…

(1) Except as provided in subsection (2) of this section, a covered employer may require medical verification from a health care provider of the need for the leave if the leave is for a purpose described in ORS 659A.159 (1)(a) other than to care for a child who requires home care…

(1) After returning to work after taking family leave under the provisions of ORS 659A.150 to 659A.186, an eligible employee is entitled to be restored to the position of employment held by the employee when the leave commenced if that position still exists, without regard to whe…

(1) Except as provided in subsection (2) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, family leave is not required to be granted with pa…

(1) Notwithstanding any other provision of ORS 659A.150 to 659A.186, if a teacher commences a period of family leave for the purpose specified in ORS 659A.159 (1)(b) during the three-week period before the end of the term, and the duration of the leave is greater than five workin…

A covered employer shall post a notice of the requirements of ORS 659A.150 to 659A.186 in every establishment of the employer in which employees are employed. The Bureau of Labor and Industries shall provide notices to covered employers meeting the requirements of this section. […

It is an unlawful practice for a covered employer to: (1) Deny family leave to which an eligible employee is entitled under ORS 659A.150 to 659A.186; or (2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of…

(1) ORS 659A.150 to 659A.186 do not limit any right of an employee to any leave that is similar to the leave described in ORS 659A.159 (1) and to which the employee may be entitled under any agreement between the employer and the employee, collective bargaining agreement or emplo…

As used in ORS 659A.190 to 659A.198: (1) “Covered employer” means an employer who employs six or more persons in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to attend a criminal procee…

(1) As used in this section, “undue hardship” means a significant difficulty and expense to a business and includes consideration of the size of the covered employer’s business and the covered employer’s critical need for the employee. (2) Except as provided in subsection (3) of …

A covered employer who denies leave to an eligible employee or who discharges, threatens to discharge, intimidates or coerces because the employee takes leave to attend a criminal proceeding commits an unlawful employment practice. [2003 c.603 §4; 2011 c.210 §3]

(1) An eligible employee shall give the covered employer: (a) Reasonable notice of the employee’s intention to take leave to attend a criminal proceeding; and (b) Copies of any notices of scheduled criminal proceedings that the employee receives from a law enforcement agency unde…

(1) Except as provided in subsections (2) and (3) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, a covered employer is not required to gra…

(1) It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee ha…

As used in ORS 659A.200 to 659A.224: (1) “Disciplinary action” includes but is not limited to any discrimination, dismissal, demotion, transfer, reassignment, supervisory reprimand, warning of possible dismissal or withholding of work, whether or not the action affects or will af…