OAR 839-006-0280
Discrimination against Persons with Disabilities by State Government: Definitions


(1)

For purposes of ORS 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited)(5) and these rules, “state government” has the meaning given to that term in ORS 174.111 (“State government” defined) and includes the executive, judicial and legislative departments of state government. Consistent with ORS 174.108 (Effect of definitions)(3), it does not include the Oregon Health and Science University, the Oregon State Bar, any intergovernmental entity formed by a public body with another state or with a political subdivision of another state, or any intergovernmental entity formed by a public body with an agency of the federal government.

(2)

Pursuant to ORS 174.112 (“Executive department” defined), “executive department” means all statewide elected officers other than judges, and all boards, commissions, departments, divisions and other entities, without regard to the designation given to those entities, that are within the executive department of government as described in Article III, Section 1 of the Oregon Constitution, and that are not in the judicial department, legislative department, local governments or special government bodies. “Executive department” includes:

(a)

An entity created by statute for the purpose of giving advice only to the executive department and that does not have members who are officers or employees of the judicial department or legislative department;

(b)

An entity created by the executive department for the purpose of giving advice to the executive department, if the document creating the entity indicates that the entity is a public body; and

(c)

Any entity created by the executive department other than an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the executive department.

(3)

Pursuant to ORS 174.113 (“Judicial department” defined), “judicial department” means the Oregon Supreme Court, the Oregon Court of Appeals, the Oregon Tax Court, the Oregon circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. “Judicial department” includes:

(a)

An entity created by statute for the purpose of giving advice only to the judicial department and that does not have members who are officers or employees of the executive department or legislative department;

(b)

An entity created by the judicial department for the purpose of giving advice to the judicial department, if the document creating the entity indicates that the entity is a public body; and

(c)

Any entity created by the judicial department other than an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the judicial department.

(4)

Pursuant to ORS 174.114 (“Legislative department” defined), “legislative department” means the Legislative Assembly, the committees of the Legislative Assembly and all administrative divisions of the Legislative Assembly and its committees, whether denominated as boards, commissions or departments or by any other designation. “Legislation department” includes:

(a)

An entity created by statute for the purpose of giving advice only to the legislative department and that does not have members who are officers or employees of the executive department or judicial department;

(b)

An entity created by the legislative department for the purpose of giving advice to the legislative department, but that is not created by statute, if the document creating the entity indicates that the entity is a public body; and

(c)

Any entity created by the legislative department by a document other than a statute and that is not an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the legislative department.

Source: Rule 839-006-0280 — Discrimination against Persons with Disabilities by State Government: Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-006-0280.

839‑006‑0100
Injured Workers: Purpose and Scope
839‑006‑0105
Injured Workers: Definitions
839‑006‑0115
Injured Workers: Covered Employees and Employers
839‑006‑0117
Injured Workers: Prohibited Discrimination
839‑006‑0130
Injured Workers: Reinstatement Under ORS 659A.043
839‑006‑0131
Injured Workers: Loss of Reinstatement Rights Under ORS 659A.043
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Injured Workers: Reemployment Under ORS 659A.046
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Injured Workers: Loss of Reemployment Rights Under ORS 659A.046
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Injured Workers: Suitable Employment
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Injured Workers: Injured Temporary Workers and Employer Responsibilities
839‑006‑0150
Injured Workers: Retention and Loss of Reinstatement and Reemployment Rights
839‑006‑0200
Disability and Employment Rights: Purpose and Scope
839‑006‑0202
Disability and Employment Rights: Determining Disability under ORS 659A.103 to 659A.142
839‑006‑0205
Disability and Employment Rights: Definitions
839‑006‑0206
Disability and Employment Rights: Reasonable Accommodation
839‑006‑0212
Disability and Employment Rights: Determining Whether an Impairment Substantially Limits a Major Life Activity
839‑006‑0240
Disability and Employment Rights: Temporary or Progressive Impairments
839‑006‑0242
Disability and Employment Rights: Medical Evaluation
839‑006‑0244
Disability and Employment Rights: Direct Threat to Health or Safety, Employment
839‑006‑0250
Disability and Employment Rights: Customer or Co-Worker Preference
839‑006‑0255
Disability and Employment Rights: Effect of Law
839‑006‑0265
Disability and Employment Rights: Subterfuge
839‑006‑0270
Discrimination against Persons with Disabilities by State Government: Purpose and Scope
839‑006‑0275
Defining Disability for Purposes of Discrimination by State Government
839‑006‑0280
Discrimination against Persons with Disabilities by State Government: Definitions
839‑006‑0290
Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities
839‑006‑0291
Discrimination against Persons with Disabilities by State Government: Reasonable Modifications
839‑006‑0292
Discrimination against Persons with Disabilities by State Government: Definitions for Auxiliary Aids and Services
839‑006‑0295
Discrimination against Persons with Disabilities by State Government: Provision of Auxiliary Aids and Services
839‑006‑0300
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Purpose and Scope
839‑006‑0305
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Definitions
839‑006‑0310
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Physical Barriers to Facilities
839‑006‑0320
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Provision of Auxiliary Aids
839‑006‑0330
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Barriers to Goods and Services
839‑006‑0335
Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Direct Threat to Health or Safety
839‑006‑0340
Discrimination Theories: Discrimination against Individuals with Disabilities by State Government or Places of Public Accommodation
839‑006‑0345
Assistance Animals in Places of Public Accommodation or of Access to State Government
839‑006‑0350
Requirements for Transient Lodging: Lift Systems for Transient Lodging
839‑006‑0435
Veterans’ Preference in Public Employment
839‑006‑0440
Veterans’ Preference in Public Employment: Definitions
839‑006‑0445
Eligibility for Employment Preference
839‑006‑0450
Veterans’ Preference in Public Employment: Applying the Employment Preference
839‑006‑0455
Veterans’ Preference in Public Employment: Employment Preference for Promotions
839‑006‑0460
Veterans’ Preference in Public Employment: Appointment to a Position
839‑006‑0465
Veterans’ Preference in Public Employment: Certification
839‑006‑0470
Veterans’ Preference in Public Employment: Enforcement
839‑006‑0480
Discrimination Based on Uniformed Service
Last Updated

Jun. 24, 2021

Rule 839-006-0280’s source at or​.us