ORS 659A.136
Medical examinations and inquiries of employees

Text
Annotations 1

(1)

Except as provided in this section, an employer may not require that an employee submit to a medical examination, may not make inquiries of an employee as to whether the employee has a disability, and may not make inquiries of an employee as to the nature or severity of any disability of the employee, unless the examination or inquiry is shown to be job-related and consistent with business necessity.

(2)

An employer may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. An employer may make inquiries into the ability of an employee to perform job-related functions.

(3)

Information obtained under subsection (2) of this section relating to the medical condition or history of any employee is subject to the same restrictions applicable to information acquired from medical examinations authorized under ORS 659A.133 (Medical examinations and inquiries of job applicants). [Formerly 659.448; 2007 c.70 §296; 2009 c.508 §12]

Source: Section 659A.136 — Medical examinations and inquiries of employees, https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html.

Notes of Decisions

Employers may use reasonable means to ascertain cause of troubling employee behavior without exposing themselves to liability for disability discrimination. Heiple v. Henderson, 229 Or App 693, 215 P3d 891 (2009)

659A.001
Definitions 659A.003
Purpose of ORS chapter 659A 659A.004
Short title 659A.006
Declaration of policy against unlawful discrimination 659A.009
Declaration of policy against discrimination in employment because of age 659A.012
State agencies to carry out policy against discrimination in employment 659A.015
Affirmative action reports to include information on contracts to minority businesses 659A.029
“Because of sex” defined for ORS 659A.030 659A.030
Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited 659A.033
Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices 659A.036
Short title 659A.040
Discrimination against worker applying for workers’ compensation benefits prohibited 659A.043
Reinstatement of injured worker to former position 659A.046
Reemployment of injured worker in other available and suitable work 659A.049
Rights of reinstatement and reemployment protected 659A.052
Reemployment rights of injured state workers 659A.060
Definitions for ORS 659A.060 to 659A.069 659A.063
State to continue group health benefits for injured worker and covered dependents 659A.066
Worker may continue benefits after employer’s obligation ends 659A.069
Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited 659A.082
Discrimination against person for service in uniformed service prohibited 659A.086
Employment rights of members of organized militia when called into active state service 659A.088
Violation of ORS 659A.086 as unlawful employment practice 659A.089
Notification to Director of Veterans’ Affairs 659A.090
Definitions for ORS 659A.090 to 659A.099 659A.093
Employer required to provide leave 659A.096
Denial of leave, retaliation and discrimination prohibited 659A.099
Short title 659A.103
Policy 659A.104
Description of disability for purposes of ORS 659A.103 to 659A.145 659A.106
Employers to whom ORS 659A.112 to 659A.139 apply 659A.109
Discrimination against individual for using procedures in ORS 659A.103 to 659A.145 prohibited 659A.112
Employment discrimination 659A.115
Qualification for position 659A.118
Reasonable accommodation 659A.121
Undue hardship 659A.122
Definitions for ORS 659A.124, 659A.127 and 659A.130 659A.124
Illegal use of drugs 659A.127
Permitted employer action 659A.130
Conditions that do not constitute impairment 659A.133
Medical examinations and inquiries of job applicants 659A.136
Medical examinations and inquiries of employees 659A.139
Construction of ORS 659A.103 to 659A.145 659A.141
Damages recoverable for harm or theft of assistance animal 659A.142
Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited 659A.143
Assistance animals 659A.144
Required accommodations in transient lodging 659A.145
Discrimination against individual with disability in real property transactions prohibited 659A.146
Reasonable accommodation 659A.147
Prohibited conduct 659A.148
Employers to whom provisions relating to reasonable accommodation apply 659A.150
Definitions for ORS 659A.150 to 659A.186 659A.153
Covered employers 659A.156
Eligible employees 659A.159
Purposes for which family leave may be taken 659A.162
Length of leave 659A.165
Notice to employer 659A.168
Medical verification and scheduling of treatment 659A.171
Job protection 659A.174
Use of paid leave 659A.177
Special rules for teachers 659A.180
Postings by employer 659A.183
Denying family leave to eligible employee prohibited 659A.186
Exclusivity of provisions 659A.190
Definitions for ORS 659A.190 to 659A.198 659A.192
Leave to attend criminal proceeding 659A.194
Denying leave to employee prohibited 659A.196
Notice to employer 659A.198
Use of paid leave 659A.199
Prohibited conduct by employer 659A.200
Definitions for ORS 659A.200 to 659A.224 659A.203
Prohibited conduct by public or nonprofit employer 659A.206
Effects of ORS 659A.200 to 659A.224 on employees 659A.209
Effect on public record disclosures 659A.210
Affirmative defense 659A.212
Policy on cooperation with law enforcement officials 659A.215
Remedies not exclusive 659A.218
Disclosure of employee’s name without consent prohibited 659A.219
Uniform standards and procedures manual for implementation of Whistleblower Law 659A.220
Bureau of Labor and Industries to collect and compile information relating to disclosures 659A.221
Uniform application to all public employers 659A.224
Short title 659A.228
Discrimination for reporting violation of election laws prohibited 659A.230
Discrimination for initiating or aiding in criminal or civil proceedings prohibited 659A.233
Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited 659A.236
Discrimination for testifying before Legislative Assembly, committee or task force prohibited 659A.250
Definitions for ORS 659A.250 to 659A.262 659A.253
Restriction of access to employee housing owned or controlled by employer prohibited 659A.256
Regulations by employers concerning use and occupancy of employee housing 659A.259
Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited 659A.262
Warrant on behalf of person entitled to access to housing 659A.270
Definitions for ORS 659A.270 to 659A.285 659A.272
Employer required to provide leave 659A.275
Undue hardship 659A.277
Denying leave to employee prohibited 659A.279
Required posting of summaries of statutes and rules 659A.280
Notice to employer 659A.283
Paid leave for public employees 659A.285
Use of paid leave 659A.290
Prohibited conduct by employer 659A.300
Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited 659A.303
Employer prohibited from obtaining, seeking to obtain or using genetic information 659A.306
Requiring employee to pay for medical examination as condition of continued employment prohibited 659A.309
Discrimination solely because of employment of another family member prohibited 659A.312
Leave of absence to donate bone marrow 659A.315
Restricting use of tobacco in nonworking hours prohibited 659A.318
Discrimination relating to academic degree in theology or religious occupations prohibited 659A.320
Discrimination based on information in credit history prohibited 659A.321
Seniority systems and benefit plans not unlawful employment practices 659A.330
Employee social media account privacy 659A.340
Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited 659A.343
Discrimination based on individual’s presentation of identification other than Real ID prohibited 659A.347
Discrimination related to possession of valid driver license 659A.350
Interns 659A.355
Discrimination based on wage inquiry or wage complaint 659A.357
Restricting salary history inquiries 659A.360
Restricting criminal conviction inquiries 659A.362
Enforcement 659A.370
Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct 659A.375
Employer policies relating to prevention of discrimination and sexual assault 659A.380
When severance or separation agreements are voidable by employer 659A.400
Place of public accommodation defined 659A.403
Discrimination in place of public accommodation prohibited 659A.406
Aiding or abetting certain discrimination prohibited 659A.409
Notice that discrimination will be made in place of public accommodation prohibited 659A.411
Definitions for ORS 659A.411 to 659A.415 659A.413
Denial of access prohibited 659A.415
Liability for damages 659A.417
Violation of ORS 659A.413 659A.421
Discrimination in selling, renting or leasing real property prohibited 659A.425
Violation based on facially neutral housing policy 659A.550
Discrimination because of employment status prohibited 659A.800
Elimination and prevention of discrimination by Bureau of Labor and Industries 659A.805
Rules for carrying out ORS chapter 659A 659A.810
Willful interference with administration of law and violation of orders of commissioner prohibited 659A.815
Advisory agencies and intergroup-relations councils 659A.820
Complaints 659A.825
Complaints filed by Attorney General or commissioner 659A.830
Authority of commissioner 659A.835
Investigation 659A.840
Settlement 659A.845
Formal charges 659A.850
Hearing 659A.855
Civil penalty for certain complaints filed by commissioner 659A.860
Settlement agreements and orders 659A.865
Retaliatory action prohibited 659A.870
Election of remedies 659A.875
Time limitations 659A.880
Ninety-day notice 659A.885
Civil action 659A.890
Civil action for violation of ORS 659A.865 659A.990
Penalties

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Location: https://oregon.public.law/statutes/ors_659a.136

Original Source: Section 659A.136 — Medical examinations and inquiries of employees, https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html (last accessed Aug. 25, 2023).