OAR 839-005-0140
Accommodation of Employee Religious Practices

(1)

An employer violates ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited) if the employer does not allow an employee to use vacation leave, or other leave available to the employee, for the purpose of allowing an employee to engage in the religious observance or practices of the employee.

(a)

This requirement applies only to leave that is not restricted as to the manner in which the leave may be used and that the employer allows the employee to take by adjusting or altering the work schedule or assignment of the employee.

(2)

An employer is required to accommodate such leave only when reasonably accommodating use of the leave by the employee will not impose an undue hardship on the operation of the business of the employer.

(a)

A reasonable accommodation imposes an undue hardship on the operation of the business of the employer for the purposes of this section if the accommodation requires significant difficulty or expense. For the purpose of determining whether an accommodation requires significant difficulty or expense, the following factors shall be considered:

(A)

The nature and the cost of the accommodation needed.

(B)

The overall financial resources of the facility or facilities involved in the provision of the accommodation, the number of persons employed at the facility and the effect on expenses and resources or other impacts on the operation of the facility caused by the accommodation.

(C)

The overall financial resources of the employer, the overall size of the business of the employer with respect to the number of persons employed by the employer and the number, type and location of the employer’s facilities.

(D)

The type of business operations conducted by the employer, including the composition, structure and functions of the workforce of the employer and the geographic separateness and administrative or fiscal relationship of the facility or facilities of the employer.

(E)

The safety and health requirements in a facility, including requirements for the safety of other employees and any other person whose safety may be adversely impacted by the requested accommodation.

(3)

An employer violates ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited) if the employer imposes an occupational requirement that restricts the ability of an employee to wear religious clothing, to take time off for a holy day or to take time off to participate in a religious observance or practice when:

(a)

Reasonably accommodating those activities does not impose an undue hardship on the operation of the business of the employer as described in this rule; and

(b)

The activities have only a temporary or tangential impact on the employee’s ability to perform the essential functions of the job.

(4)

“Undue hardship” for purposes of ORS 659A.033 (Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices) and this rule is described in ORS 659A.033 (Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices).

Source: Rule 839-005-0140 — Accommodation of Employee Religious Practices, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-005-0140.

839–005–0000
Purpose and Scope of these Rules 839–005–0003
Definitions: Enforcement of Laws Prohibiting Unlawful Practices 839–005–0005
Unlawful Discrimination Defined 839–005–0010
Discrimination Theories: Employment 839–005–0011
Constructive Discharge from Employment 839–005–0013
Bona Fide Occupational Qualification (BFOQ) and Affirmative Action Plan Exceptions in Employment 839–005–0014
Successors in Interest for Employment Discrimination 839–005–0021
Employment Discrimination Based on Sex or Sexual Orientation 839–005–0026
Employment Protections and Rights Relating to Pregnancy 839–005–0030
Sexual Harassment in Employment 839–005–0031
Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion 839–005–0036
Commissioner’s Complaint for Discrimination Based on Employment Status 839–005–0060
Employer Obtainment or Use of Credit History Information: Purpose and Scope of these Rules 839–005–0065
Employer Obtainment or Use of Credit History Information: Definitions 839–005–0070
Employer Obtainment or Use of Credit History Information: Unlawful Discrimination 839–005–0075
Employer Obtainment or Use of Credit History Information: Exceptions 839–005–0080
Employer Obtainment or Use of Credit History Information: Determining whether Credit History Is Substantially Job-Related 839–005–0085
Employer Obtainment or Use of Credit History Information: Enforcement and Retaliation 839–005–0125
Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices 839–005–0130
Discrimination Based on Protected Activity: Employees Serving or Scheduled to Serve as Jurors 839–005–0135
Discrimination Based on Protected Activity: Insurance Coverage for Employees Serving as Jurors 839–005–0138
Discrimination Based on Protected Activity: Child Support Obligations 839–005–0140
Accommodation of Employee Religious Practices 839–005–0160
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices 839–005–0170
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation 839–005–0195
Housing Discrimination: Purpose and Scope 839–005–0200
Housing Discrimination: Definitions 839–005–0205
Housing Discrimination: Prohibited Discrimination in Real Property Transactions 839–005–0206
Discrimination Theories: Housing 839–005–0210
Housing Discrimination: Exceptions 839–005–0215
Housing Discrimination: Religious Exemption 839–005–0220
Housing Discrimination: Discrimination in Real Property Transactions Against Individuals Based on Disabilities 839–005–0300
Discrimination by Career Schools: Purpose and Scope 839–005–0305
Discrimination by Career Schools: Definitions 839–005–0310
Discrimination by Career Schools: Unlawful Discrimination 839–005–0315
Discrimination Theories: Career Schools 839–005–0320
Discrimination by Career Schools: Authority of Superintendent of Public Instruction Related to Complaints under ORS 345.240 839–005–0325
Discrimination by Career Schools: Retaliation or Discrimination 839–005–0400
Employer Access to Employee or Applicant Social Media Accounts: Unlawful Employment Practice
Last Updated

Jun. 8, 2021

Rule 839-005-0140’s source at or​.us