Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.122
Definitions for ORS 659A.124, 659A.127 and 659A.130

As used in this section and ORS 659A.124 (Illegal use of drugs), 659A.127 (Permitted employer action) and 659A.130 (Conditions that do not constitute impairment):

(1)

“Drug” means a controlled substance, as classified in schedules I through V of section 202 of the federal Controlled Substances Act, as amended, and as modified under ORS 475.035 (Authority to control schedule).

(2)

“Illegal use of drugs” means any use of drugs, the possession or distribution of which is unlawful under state law or under the federal Controlled Substances Act, as amended, but does not include the use of a drug taken under supervision of a licensed health care professional, or other uses authorized under the Controlled Substances Act or under other provisions of state or federal law. [Formerly 659A.100]
Note: 659A.122 (Definitions for ORS 659A.124, 659A.127 and 659A.130) was made a part of 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
§§ 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

(formerly 659.400, then 659A.100)

Notes of Decisions

As major life activity, "employment" means work involved rather than employment in general or specific position. Winnett v. City of Portland, 118 Or App 437, 847 P2d 902 (1993)

Whether individual is disabled person is determined in light of mitigating measures available to counteract or ameliorate individual's impairment. Washburn v. Columbia Forest Products, Inc., 340 Or 469, 134 P3d 161 (2006)

Driving, by itself, is not a "major life activity." Livingston v. Fred Meyer Stores, Inc., 567 F. Supp. 2d 1265 (D. Or. 2008)

Exclusion for drugs taken under supervision of licensed health care professional from definition for "illegal use of drugs" does not apply to use of medical marijuana. Emerald Steel Fabricators, Inc. v. BOLI, 348 Or 159, 230 P3d 518 (2010)

Law Review Citations

16 WLR 535 (1979); 22 WLR 529, 542 (1986)

Source

Last accessed
Jun. 26, 2021

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