Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.413
Denial of access prohibited

  • exception


A place of public accommodation that has an employee toilet facility shall allow a customer to use that facility during normal business hours if:


The customer requesting the use of the employee toilet facility suffers from an eligible medical condition;


Three or more employees of the place of public accommodation are working at the time the customer requests use of the employee toilet facility;


The customer presents a letter or other document from a physician, naturopathic physician, physician assistant, nurse or nurse practitioner indicating that the customer suffers from an eligible medical condition, or presents an identification card that was issued by a national organization that advocates for persons with eligible medical conditions and that indicates that the person suffers from an eligible medical condition;


The employee toilet facility is reasonably safe and is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the place of public accommodation; and


A public restroom is not immediately available to the customer.


This section does not apply to a gas station, as defined in ORS 646.932 (Requirement to post amount per gallon of gasoline that is federal, state and local tax), with a building of 800 square feet or less. [2009 c.415 §2; 2017 c.356 §83]
Note: See note under 659A.411 (Definitions for ORS 659A.411 to 659A.415).
§§ 659A.250 to 659A.262

(formerly 659.280 to 659.290)

Law Review Citations

26 WLR 394-395 (1990)

§§ 659A.150 to 659A.186

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


Last accessed
Jun. 26, 2021