Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.115
Qualification for position

For the purposes of ORS 659A.112 (Employment discrimination), an individual is qualified for a position if the individual, with or without reasonable accommodation, can perform the essential functions of the position. For the purpose of determining the essential functions of the position, due consideration shall be given to the employer’s determination as to the essential functions of a position. If an employer has prepared a written description before advertising or interviewing applicants for a job, the position description shall be considered evidence of the essential functions of the job. [Formerly 659.437; 2007 c.70 §292; 2009 c.508 §7]
§§ 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

Notes of Decisions

For purposes of determining whether person can perform essential functions of position, relevant position consists only of individual posts or combination of posts sought by applicant or employee. Evans v. Multnomah County Sheriff's Office, 184 Or App 733, 57 P3d 211 (2002), Sup Ct review denied


Last accessed
Jun. 26, 2021