2017 ORS 659A.029¹
“Because of sex” defined for ORS 659A.030

For purposes of ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited), the phrase “because of sex” includes, but is not limited to, because of pregnancy, childbirth and related medical conditions or occurrences. Women affected by pregnancy, childbirth or related medical conditions or occurrences shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work by reason of physical condition, and nothing in this section shall be interpreted to permit otherwise. [Formerly 659.029]

(formerly 659.280 to 659.290)

Law Review Cita­tions

26 WLR 394-395 (1990)

Notes of Decisions

Termina­tion of employ­ment in retalia­tion for invoking Oregon Family Leave Act rights constitutes wrongful discharge in viola­tion of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied

(formerly 659.029)

Notes of Decisions

This sec­tion was not preempted by federal Employee Retire­ment Income Security Act. Gast v. State of Oregon, 36 Or App 441, 585 P2d 12 (1978), Sup Ct review denied

Because this sec­tion’s term “per­son engaged in a business” did not include mu­nic­i­pal­i­ties, city’s failure to file joint declara­tion of independent contractor status did not render claimant its employe. City of Portland v. Thomas, 81 Or App 642, 726 P2d 965 (1986), Sup Ct review denied

Atty. Gen. Opinions

Discrimina­tion on basis of pregnancy in employ­ment not governed by Federal Employee Retire­ment Income Security Act, (1978) Vol 38, p 1802

1 Legislative Counsel Committee, CHAPTER 659A—Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors659A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 659A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano659A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.