OAR 839-006-0117
Injured Workers: Prohibited Discrimination

(1)

Pursuant to ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), unlawful employment practices include:

(a)

Refusal to hire or promote, to bar or discharge from employment or to discriminate in compensation, terms, conditions or privileges of employment because a person applies for benefits under or in other ways invokes or uses Oregon Worker’s Compensation system as provided for in ORS Chapter 656 (Workers’ Compensation).

(b)

Discriminating against a person who has testified, is about to give testimony, or who is perceived as having testified in connection with Oregon Worker’s Compensation procedures or civil procedures pursuant to ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited), 659A.043 (Reinstatement of injured worker to former position) and 659A.046 (Reemployment of injured worker in other available and suitable work).

(2)

Pursuant to ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited)(1)(g), it is an unlawful employment practice for a person, whether an employer or employee, to aid, abet, incite, compel or coerce an individual to do any of the acts forbidden by ORS 659A.040 (Discrimination against worker applying for workers’ compensation benefits prohibited) to 659A.052 (Reemployment rights of injured state workers), or attempt to do so.

(3)

When disciplining workers for excessive absenteeism, an employer cannot count the time an injured worker is off the job because of a compensable injury when calculating the injured worker’s absenteeism rate, as long as the time off the job is covered by time loss compensation or are absences medically certifiable by the attending physician in connection with the compensable injury.

(4)

A person claiming a violation under Oregon’s injured worker statutes may file a complaint with the Civil Rights Division as provided in OAR 839-003-0025 (Filing a Complaint: Employment (other than OSEA) and Public Accommodation).

Source: Rule 839-006-0117 — Injured Workers: Prohibited Discrimination, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-006-0117.

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.043 839‑006‑0135
Injured Workers: Reemployment Under ORS 659A.046 839‑006‑0136
Injured Workers: Loss of Reemployment Rights Under ORS 659A.046 839‑006‑0145
Injured Workers: Suitable Employment 839‑006‑0146
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 839-006-0117’s source at or​.us