OAR 839-006-0290
Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities
(1)
Public transportation services, programs, and activities of public entities are subject to Title II of the federal Americans with Disabilities Act and regulated by the U.S. Department of Transportation. See 42 USC 12141§ 221 and 49 CFR §37. Public transportation is covered by ORS 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited)(4).(2)
Accessibility of government facilities is subject to Title II of the Americans with Disabilities Act, 42 USC §12131. The U.S. Department of Justice regulates existing government facilities (28 CFR §35.150) and new construction and alterations to government facilities (28 CFR §35.151). The Oregon Department of Consumer and Business Services has jurisdiction over disability access to state and local government facilities in Oregon. See ORS 447.210 (Definitions for ORS 447.210 to 447.280) to 447.310 (Standards for curbing) and administrative rules and standards adopted pursuant thereto.(3)
The federal Rehabilitation Act provides that no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any federal executive agency or by the United States Postal Service. 29 USC §794.(4)
Discrimination against individuals with disabilities in employment is subject to ORS 659A.103 (Policy) to 659A.139 (Construction of ORS 659A.103 to 659A.145) and OAR 839-006-0200 (Disability and Employment Rights: Purpose and Scope) to 0265.(5)
Discrimination against individuals with disabilities by places of public accommodation, which include public bodies with some exceptions, is subject to ORS 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited)(4), 659A.400 (Place of public accommodation defined) and OAR 839-006-0300 (Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Purpose and Scope) to 0335.(6)
Assistance animals in places of public accommodation or access to state government are subject to ORS 659A.143 (Assistance animals) and OAR 839-006-0345 (Assistance Animals in Places of Public Accommodation or of Access to State Government).(7)
Discrimination against individuals with disabilities in real property transactions is subject to ORS 659A.142 (Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited), 659A.145 (Discrimination against individual with disability in real property transactions prohibited) and OAR 839-005-0195 (Housing Discrimination: Purpose and Scope) to 839-005-0220 (Housing Discrimination: Discrimination in Real Property Transactions Against Individuals Based on Disabilities).
Source:
Rule 839-006-0290 — Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-006-0290.