2017 ORS 659A.122¹
Definitions for ORS 659A.124, 659A.127 and 659A.130

As used in this section and ORS 659A.124 (Illegal use of drugs), 659A.127 (Permitted employer action) and 659A.130 (Conditions that do not constitute impairment):

(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 (Authority to control schedule).

(2) “Illegal use of drugs” means any use of drugs, the possession or distribution of which is unlawful under state law or under the federal Controlled Substances Act, as amended, but does not include the use of a drug taken under supervision of a licensed health care professional, or other uses authorized under the Controlled Substances Act or under other provisions of state or federal law. [Formerly 659A.100]

Note: 659A.122 (Definitions for ORS 659A.124, 659A.127 and 659A.130) was made a part of 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(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 659.400, then 659A.100)

Notes of Decisions

As major life ac­tivity, “employ­ment” means work involved rather than employ­ment in general or specific posi­tion. Winnett v. City of Portland, 118 Or App 437, 847 P2d 902 (1993)

Whether individual is disabled per­son is determined in light of mitigating measures available to counteract or ameliorate individual’s impair­ment. Washburn v. Columbia Forest Products, Inc., 340 Or 469, 134 P3d 161 (2006)

Driving, by itself, is not a “major life ac­tivity.” Livingston v. Fred Meyer Stores, Inc., 567 F. Supp. 2d 1265 (D. Or. 2008)

Exclusion for drugs taken under supervision of licensed health care professional from defini­tion for “illegal use of drugs” does not apply to use of medical marijuana. Emerald Steel Fabricators, Inc. v. BOLI, 348 Or 159, 230 P3d 518 (2010)

Law Review Cita­tions

16 WLR 535 (1979); 22 WLR 529, 542 (1986)

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.