OAR 839-005-0200
Housing Discrimination: Definitions

(1)

“Aggrieved person” includes a person who believes that the person:

(a)

Has been injured by an unlawful practice or discriminatory housing practice; or

(b)

Will be injured by an unlawful practice or discriminatory housing practice that is about to occur.

(2)

“Disability” means:

(a)

A physical or mental impairment that substantially limits one or more major life activities of the individual.

(b)

A record of having a physical or mental impairment that substantially limits one or more major life activities of the individual. An individual has a record of having a physical or mental impairment if the individual has a history of, or has been misclassified as having, a physical or mental impairment that substantially limits one or more major life activities of the individual.

(c)

A physical or mental impairment that the individual is regarded as having.

(A)

An individual is regarded as having a physical or mental impairment if the individual has been subjected to an action prohibited under ORS 659A.112 (Employment discrimination) to 659A.139 (Construction of ORS 659A.103 to 659A.145) because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity of the individual.

(B)

An individual is not regarded as having a physical or mental impairment if the individual has an impairment that is minor and that has an actual or expected duration of six months or less.

(3)

“Dwelling” means any building, structure, or portion of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location of any such building, structure, or portion of such a building or structure.

(4)

“Family” includes but is not limited to a single individual.

(5)

“Familial status” means the relationship between one or more individuals who have not attained 18 years of age and the individual with whom they are domiciled who is:

(a)

A parent or another person having legal custody of the individual; or

(b)

The designee of the parent or other person having such custody, with the written permission of the parent or other person.

(c)

“Familial status” includes any individual, regardless of age or domicile, who is pregnant or is in the process of securing legal custody of an individual who has not attained 18 years of age.

(d)

“Domiciled” includes but is not limited to part-time residence in a dwelling where an individual has a reasonable expectation of a continuing right to return.

(6)

“Major life activity” includes, but is not limited to:

(a)

Caring for oneself;

(b)

Performing manual tasks;

(c)

Seeing;

(d)

Hearing;

(e)

Eating;

(f)

Drinking;

(g)

Sleeping;

(h)

Walking;

(i)

Standing;

(j)

Lifting;

(k)

Bending;

(l)

Twisting;

(m)

Speaking;

(n)

Breathing;

(o)

Cognitive functioning;

(p)

Learning;

(q)

Education;

(r)

Reading;

(s)

Concentrating;

(t)

Remembering;

(u)

Thinking;
(v)
Communicating;

(w)

Working: To be substantially limited in the major life activity of working, an individual must be significantly restricted in the ability to perform a class of jobs or a broad range of jobs in various classes as compared to the ability of an average person with comparable skill, experience, education or other job-related requirements needed to perform those same positions;
(x)
Socialization;

(y)

Sitting;

(z)

Reaching;

(aa)

Interacting with others;

(bb)

Sexual relations;

(cc)

Employment;

(dd)

Ambulation;

(ee)

Transportation;

(ff)

Operation of a major bodily function, including but not limited to:

(A)

Functions of the immune system;

(B)

Normal cell growth; and

(C)

Digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions; and

(gg)

Ability to acquire, rent or maintain property.

(8)

“Misclassified,” as used in ORS 659A.100(2)(b), means an erroneous or unsupported medical diagnosis, report, certificate or evaluation.

(9 )

“Person” includes one or more individuals, partnerships, associations, labor organizations, limited liability companies, joint stock companies, corporations, legal representatives, trustees, trustees in bankruptcy or receivers, fiduciaries, mutual companies, trusts and unincorporated organizations and public bodies as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300) that have the primary purpose of serving, representing or otherwise benefiting the protected class.

(10)

“Physical or mental impairment” means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, traumatic brain injury, emotional or mental illness, and specific learning disabilities.

(11)

“Property” and “real property” means property used or intended for commercial, business or residential purposes including, but not limited to a dwelling.

(12)

“Purchaser” includes an occupant, prospective occupant, renter, prospective renter, lessee, prospective lessee, buyer or prospective buyer.

(13)

“Receipt or alleged receipt of treatment for a mental disorder,” as used in ORS 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited)(5), means actual treatment of an individual for a mental condition or an assertion that the person received such treatment.

(14)

“Regarded as having an impairment,” as used in ORS 659A.100(2)(c), means:

(a)

An individual having a physical or mental impairment that does not substantially limit a major life activity but who has been treated as having an impairment by a seller, lessor, advertiser, real estate broker or salesperson, or the agent of any seller, lessor, advertiser, real estate broker or salesperson;

(b)

An individual having a physical or mental impairment that substantially limits a major life activity only as a result of the attitude of others toward such impairment; or

(c)

An individual having no physical or mental impairment but who is treated as having an impairment by a seller, lessor, advertiser, real estate broker or salesperson, or the agent of any seller, lessor, advertiser, real estate broker or salesperson.

(15)

“Residential real estate related transaction” means any of the following:

(a)

The making or purchasing of loans or providing other financial assistance:

(A)

For purchasing, constructing, improving, repairing or maintaining a dwelling; or

(B)

Secured by residential real estate; or

(b)

The selling, brokering or appraising of residential real property.

(16)

“Substantially limits” means that an individual has an impairment, had an impairment or is perceived as having an impairment that restricts one or more major life activities of the individual as compared to most people in the general population.

(a)

An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting.

(b)

An impairment that substantially limits one major life activity of the individual need not limit other major life activities of the individual.

(c)

To have a disability (or to have a record of a disability) an individual must be substantially limited in performing a major life activity as compared to most people in the general population.

(d)

An impairment that is episodic or in remission is considered to substantially limit a major life activity of the individual if the impairment would substantially limit a major life activity of the individual when the impairment is active Nonetheless, not every impairment will constitute a disability within the meaning of this section.

(e)

The term “substantially limits” shall be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of ORS 659A.100 to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) and 659A.400 (Place of public accommodation defined) to 659A.425 (Violation based on facially neutral housing policy), and should not require extensive analysis.

(17)

“To rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(18)

“Treatment” includes examination, evaluation, diagnosis and therapy by a health professional within the scope of the professional’s applicable license.

Source: Rule 839-005-0200 — Housing Discrimination: Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-005-0200.

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 839-005-0200’s source at or​.us