ORS 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 (Definitions).

(b)

“Health professional regulatory board” has the meaning given that term in ORS 676.160 (Definitions for ORS 676.165 to 676.180).

(c)

“Medical resources” includes but is not limited to:

(A)

Medical devices or equipment.

(B)

Prescription drugs.

(C)

Laboratory testing.

(d)

“Provider” means:

(A)

An individual licensed or certified by a health professional regulatory board.

(B)

A health care facility.

(e)

“State government” has the meaning given that term in ORS 174.111 (“State government” defined).

(2)

It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise discriminate against, any individual because that individual has a disability, or to classify or refer for employment any individual because that individual has a disability.

(3)

It is an unlawful employment practice for a labor organization, because an individual has a disability, to exclude or to expel from its membership such individual or to discriminate in any way against such individual.

(4)

It is an unlawful practice for any place of public accommodation, resort or amusement as defined in ORS 659A.400 (Place of public accommodation defined), or any person acting on behalf of such place, to make any distinction, discrimination or restriction because a customer or patron is an individual with a disability.

(5)

Intentionally left blank —Ed.

(a)

It is an unlawful practice for state government to exclude an individual from participation in or deny an individual the benefits of the services, programs or activities of state government or to make any distinction, discrimination or restriction because the individual has a disability.

(b)

Paragraph (a) of this subsection is intended to ensure equal access to available services, programs and activities of state government.

(c)

Paragraph (a) of this subsection is not intended to:

(A)

Create an independent entitlement to any service, program or activity of state government; or

(B)

Require state government to take any action that state government can demonstrate would result in a fundamental alteration in the nature of a service, program or activity of state government or would result in undue financial or administrative burdens on state government.

(6)

Intentionally left blank —Ed.

(a)

It is an unlawful practice for a provider or any person acting on behalf of a provider to discriminate by doing any of the following based on the patient’s race, color, national origin, sex, sexual orientation, gender identity, age or disability:

(A)

Deny medical treatment to the patient that is likely to benefit the patient based on an individualized assessment of the patient using objective medical evidence; or

(B)

Limit or restrict in any manner the allocation of medical resources to the patient.

(b)

In determining whether medical treatment is likely to benefit a patient under paragraph (a)(A) of this subsection, a provider shall consult with the patient and others legally authorized to act on behalf of the patient, if available.

(c)

This subsection does not:

(A)

Restrict the authority of a patient, or an individual legally authorized to act on behalf of a patient, to consent to or decline medical treatment;

(B)

Require the provision of medical treatment that is prohibited by state or federal law; or

(C)

Restrict a provider, after completing the individualized assessment described in paragraph (a)(A) of this subsection and the consultation described in paragraph (b) of this subsection, from providing objective information to the patient about the risks and benefits of treatment.

(7)

Receipt or alleged receipt of treatment for a mental disorder does not constitute evidence of an individual’s inability to acquire, rent or maintain property. [Formerly 659.425; 2003 c.254 §3; 2007 c.70 §297; 2009 c.508 §14; 2021 c.584 §1]

Source: 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, https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html.

Notes of Decisions

This section imposes upon employer obligation not to reject prospective employe because of physical or mental handicap, unless there is, because of the defect, probability either that employe cannot do job in satisfactory manner or that he can do so only at risk of incapacitating himself. Montgomery Ward v. Bureau of Labor, 280 Or 163, 570 P2d 76 (1977)

In determining whether a particular handicap prevents performance of work involved, applicable standard is “probability of incapacitation” and it is to be determined at time of rejection and not on the basis of increased risk of incapacitation in future. Pacific Motor Trucking Co. v. Bureau of Labor, 64 Or App 361, 668 P2d 446 (1983), Sup Ct review denied

Private transportation company is prohibited by this section from refusing transportation to individual because of confinement to wheelchair. Bush v. Greyhound Lines, Inc., 295 Or 619, 669 P2d 324 (1983)

Count I of complaint alleging that plaintiff had record of diabetes, high blood pressure and obesity was correctly dismissed where plaintiff failed to allege that conditions substantially limited him in major life activity; count II alleging same conditions and that defendant “regarded plaintiff as having an impairment that would prevent him from being employed” states cause of action under paragraph (1)(c) of this section. Devaux v. State of Oregon, 68 Or App 322, 681 P2d 156 (1984)

Under [former] ORS 659.400, employment is major life activity and it was clear that, because of his color vision, plaintiff’s employment opportunity in engine service with railroad had been limited. Quinn v. Southern Pacific Transportation Co., 76 Or App 617, 711 P2d 139 (1985), Sup Ct review denied

Employe, suffering from diabetic and hyperthyroid condition, was, under facts of case, not discharged in response to his disability but in response to the uncontrollable behavior that resulted therefrom and employer had reasonable basis to conclude that employe could not perform his job duties without probability of harm to himself and others. Pannel v. Wanke Panel Co., 618 F Supp 41 (1985)

Where, under preponderance of evidence, there was no reasonable probability employe was unable to perform work duties, employment discharge because of physical impairment was unlawful employment practice under this section. Brown v. City of Portland, 80 Or App 464, 722 P2d 1282 (1986), Sup Ct review denied

Although defendants had affirmative duty pursuant to this section to make “reasonable accommodation” for plaintiff’s physical impairment, they did not violate this duty by failing to allow plaintiff to permanently occupy one of limited number of rotating positions because to do so would have imposed “undue hardship” on program involved. Blumhagen v. Clackamas County, 91 Or App 510, 756 P2d 650 (1988), Sup Ct review denied

This section, which makes firing employe because of physical impairment unlawful where with reasonable accommodation by employer individual could perform work involved was not inextricably intertwined with consideration of terms in labor contract and created mandatory and independent state right not preempted by section 301 of Labor Management Relations Act. Miller v. AT&T Network Systems, 850 F2d 543 (1988)

Where handicapped employee brought action against employer under California Fair Employment and Housing Act for illegal discharge, claim not preempted by Section 301 of Labor Management Relations Act because claim does not require interpretation of collective bargaining agreement. Ackerman v. Western Elec. Co., Inc., 860 F2d 1514 (9th Cir. 1988)

Employer violates this section if it discriminates against employee on basis of what it perceives to be impairment that substantially limits major life activity and employee does not actually have condition perceived. OSCI v. Bureau of Labor and Industries, 98 Or App 548, 780 P2d 743 (1989), Sup Ct review denied

Where plaintiff alleged that her pregnancy did not impair her ability to do her job but that employer regarded it as such an impairment, plaintiff did not fail to state claim. Melvin v. Kim’s Restaurant, Inc., 308 Or 177, 776 P2d 1286 (1989)

Where there was reasonable probability that employee was unable to perform work duties without endangering himself or others, employer did not commit unlawful employment practice by discharging him because of mental impairment. Welch v. Champion International Corp., 101 Or App 511, 791 P2d 152 (1990)

Employer is not required to accommodate employee’s physical or mental impairment due to alcoholism, if employee denies such impairment. Braun v. American International Health, 315 Or 460, 846 P2d 1151 (1993)

Claims based on failure to make reasonable accommodation are subject to government liability limitations of [former] ORS 30.270. Griffin v. Tri-Met, 318 Or 500, 870 P2d 808 (1994)

“Employment” refers to specific position or job, not entire profession or job classification. Anglin v. Dept. of Corrections, 160 Or App 463, 982 P2d 547 (1999), Sup Ct review denied

Where plaintiff, who required wheelchair for mobility, was unable to attend board meeting, held in location without wheelchair access, of utility cooperative of which plaintiff was not actual or potential member, plaintiff is not protected by this section because plaintiff is not actual or potential “customer” or “patron.” Fenimore v. Blachly-Lane County C.E.A., 297 Or App 47, 441 P3d 699 (2019)

Law Review Citations

16 WLR 541 (1979); 22 WLR 529, 532 (1986); 23 WLR 529, 578 (1987)

659A.001
Definitions
659A.003
Purpose of ORS chapter 659A
659A.004
Short title
659A.006
Declaration of policy against unlawful discrimination
659A.009
Declaration of policy against discrimination in employment because of age
659A.012
State agencies to carry out policy against discrimination in employment
659A.015
Affirmative action reports to include information on contracts to minority businesses
659A.029
“Because of sex” defined for ORS 659A.030
659A.030
Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited
659A.033
Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices
659A.036
Short title
659A.040
Discrimination against worker applying for workers’ compensation benefits prohibited
659A.043
Reinstatement of injured worker to former position
659A.046
Reemployment of injured worker in other available and suitable work
659A.049
Rights of reinstatement and reemployment protected
659A.052
Reemployment rights of injured state workers
659A.060
Definitions for ORS 659A.060 to 659A.069
659A.063
State to continue group health benefits for injured worker and covered dependents
659A.066
Worker may continue benefits after employer’s obligation ends
659A.069
Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited
659A.082
Discrimination against person for service in uniformed service prohibited
659A.086
Employment rights of members of organized militia when called into active state service
659A.088
Violation of ORS 659A.086 as unlawful employment practice
659A.089
Notification to Director of Veterans’ Affairs
659A.090
Definitions for ORS 659A.090 to 659A.099
659A.093
Employer required to provide leave
659A.096
Denial of leave, retaliation and discrimination prohibited
659A.099
Short title
659A.103
Policy
659A.104
Description of disability for purposes of ORS 659A.103 to 659A.145
659A.106
Employers to whom ORS 659A.112 to 659A.139 apply
659A.109
Discrimination against individual for using procedures in ORS 659A.103 to 659A.145 prohibited
659A.112
Employment discrimination
659A.115
Qualification for position
659A.118
Reasonable accommodation
659A.121
Undue hardship
659A.122
Definitions for ORS 659A.124, 659A.127 and 659A.130
659A.124
Illegal use of drugs
659A.127
Permitted employer action
659A.130
Conditions that do not constitute impairment
659A.133
Medical examinations and inquiries of job applicants
659A.136
Medical examinations and inquiries of employees
659A.139
Construction of ORS 659A.103 to 659A.145
659A.141
Damages recoverable for harm or theft of assistance animal
659A.142
Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited
659A.143
Assistance animals
659A.144
Required accommodations in transient lodging
659A.145
Discrimination against individual with disability in real property transactions prohibited
659A.146
Reasonable accommodation
659A.147
Prohibited conduct
659A.148
Employers to whom provisions relating to reasonable accommodation apply
659A.150
Definitions for ORS 659A.150 to 659A.186
659A.153
Covered employers
659A.156
Eligible employees
659A.159
Purposes for which family leave may be taken
659A.162
Length of leave
659A.165
Notice to employer
659A.168
Medical verification and scheduling of treatment
659A.171
Job protection
659A.174
Use of paid leave
659A.177
Special rules for teachers
659A.180
Postings by employer
659A.183
Denying family leave to eligible employee prohibited
659A.186
Exclusivity of provisions
659A.190
Definitions for ORS 659A.190 to 659A.198
659A.192
Leave to attend criminal proceeding
659A.194
Denying leave to employee prohibited
659A.196
Notice to employer
659A.198
Use of paid leave
659A.199
Prohibited conduct by employer
659A.200
Definitions for ORS 659A.200 to 659A.224
659A.203
Prohibited conduct by public or nonprofit employer
659A.206
Effects of ORS 659A.200 to 659A.224 on employees
659A.209
Effect on public record disclosures
659A.210
Affirmative defense
659A.212
Policy on cooperation with law enforcement officials
659A.215
Remedies not exclusive
659A.218
Disclosure of employee’s name without consent prohibited
659A.219
Uniform standards and procedures manual for implementation of Whistleblower Law
659A.220
Bureau of Labor and Industries to collect and compile information relating to disclosures
659A.221
Uniform application to all public employers
659A.224
Short title
659A.228
Discrimination for reporting violation of election laws prohibited
659A.230
Discrimination for initiating or aiding in criminal or civil proceedings prohibited
659A.233
Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited
659A.236
Discrimination for testifying before Legislative Assembly, committee or task force prohibited
659A.250
Definitions for ORS 659A.250 to 659A.262
659A.253
Restriction of access to employee housing owned or controlled by employer prohibited
659A.256
Regulations by employers concerning use and occupancy of employee housing
659A.259
Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited
659A.262
Warrant on behalf of person entitled to access to housing
659A.270
Definitions for ORS 659A.270 to 659A.285
659A.272
Employer required to provide leave
659A.275
Undue hardship
659A.277
Denying leave to employee prohibited
659A.279
Required posting of summaries of statutes and rules
659A.280
Notice to employer
659A.283
Paid leave for public employees
659A.285
Use of paid leave
659A.290
Prohibited conduct by employer
659A.300
Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited
659A.303
Employer prohibited from obtaining, seeking to obtain or using genetic information
659A.306
Requiring employee to pay for medical examination as condition of continued employment prohibited
659A.309
Discrimination solely because of employment of another family member prohibited
659A.312
Leave of absence to donate bone marrow
659A.315
Restricting use of tobacco in nonworking hours prohibited
659A.318
Discrimination relating to academic degree in theology or religious occupations prohibited
659A.320
Discrimination based on information in credit history prohibited
659A.321
Seniority systems and benefit plans not unlawful employment practices
659A.330
Employee social media account privacy
659A.340
Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited
659A.343
Discrimination based on individual’s presentation of identification other than Real ID prohibited
659A.347
Discrimination related to possession of valid driver license
659A.350
Interns
659A.355
Discrimination based on wage inquiry or wage complaint
659A.357
Restricting salary history inquiries
659A.360
Restricting criminal conviction inquiries
659A.362
Enforcement
659A.370
Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct
659A.375
Employer policies relating to prevention of discrimination and sexual assault
659A.380
When severance or separation agreements are voidable by employer
659A.400
Place of public accommodation defined
659A.403
Discrimination in place of public accommodation prohibited
659A.406
Aiding or abetting certain discrimination prohibited
659A.409
Notice that discrimination will be made in place of public accommodation prohibited
659A.411
Definitions for ORS 659A.411 to 659A.415
659A.413
Denial of access prohibited
659A.415
Liability for damages
659A.417
Violation of ORS 659A.413
659A.421
Discrimination in selling, renting or leasing real property prohibited
659A.425
Violation based on facially neutral housing policy
659A.550
Discrimination because of employment status prohibited
659A.800
Elimination and prevention of discrimination by Bureau of Labor and Industries
659A.805
Rules for carrying out ORS chapter 659A
659A.810
Willful interference with administration of law and violation of orders of commissioner prohibited
659A.815
Advisory agencies and intergroup-relations councils
659A.820
Complaints
659A.825
Complaints filed by Attorney General or commissioner
659A.830
Authority of commissioner
659A.835
Investigation
659A.840
Settlement
659A.845
Formal charges
659A.850
Hearing
659A.855
Civil penalty for certain complaints filed by commissioner
659A.860
Settlement agreements and orders
659A.865
Retaliatory action prohibited
659A.870
Election of remedies
659A.875
Time limitations
659A.880
Ninety-day notice
659A.885
Civil action
659A.890
Civil action for violation of ORS 659A.865
659A.990
Penalties
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