Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions
Description of disability for purposes of ORS 659A.103 to 659A.145
(1)An individual has a disability for the purposes of ORS 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) if the individual meets any one of the following criteria:
(a)The individual has a physical or mental impairment that substantially limits one or more major life activities of the individual.
(b)The individual has a record of having a physical or mental impairment that substantially limits one or more major life activities of the individual. For the purposes of this paragraph, 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)The individual is regarded as having a physical or mental impairment that substantially limits one or more major life activities of the individual. For the purposes of this paragraph:
(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.
(2)Activities and functions that are considered major life activities for the purpose of determining if an individual has a disability include but are not limited to:
(a)Caring for oneself;
(b)Performing manual tasks;
(v)Interacting with others;
(z)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
(aa)Ability to acquire, rent or maintain property.
(3)An individual is substantially limited in a major life activity if the 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. 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. An impairment that substantially limits one major life activity of the individual need not limit other major life activities of the individual. 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.
(4)When determining whether an impairment substantially limits a major life activity of an individual, the determination shall be made without regard to the ameliorative effects of mitigating measures, including:
(b)Medical supplies, equipment or appliances;
(c)Low vision devices or other devices that magnify, enhance or otherwise augment a visual image, except that ordinary eyeglasses or contact lenses or other similar lenses that are intended to fully correct visual acuity or eliminate refractive error may be considered when determining whether an impairment substantially limits a major life activity of an individual;
(d)Prosthetics, including limbs and devices;
(e)Hearing aids, cochlear implants or other implantable hearing devices;
(g)Oxygen therapy equipment or supplies;
(i)Reasonable accommodations or auxiliary aids or services; or
(j)Learned behavioral or adaptive neurological modifications.
(5)Nothing in subsection (4)(c) of this section authorizes an employer to use qualification standards, employment tests or other selection criteria based on an individual’s uncorrected vision unless the standard, test or other selection criteria, as used by the employer, are shown to be job-related for the position in question and is consistent with business necessity. [2009 c.508 §2; 2013 c.105 §1]
(formerly 659.280 to 659.290)
Law Review Citations
26 WLR 394-395 (1990)
Notes of Decisions
Termination of employment in retaliation for invoking Oregon Family Leave Act rights constitutes wrongful discharge in violation of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied