Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.124
Illegal use of drugs


(1)

Subject to the provisions of subsection (2) of this section, the protections of ORS 659A.112 (Employment discrimination) do not apply to any job applicant or employee who is currently engaging in the illegal use of drugs if the employer takes action based on that conduct.

(2)

The protections of ORS 659A.112 (Employment discrimination) apply to the following individuals:

(a)

An individual who has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs.

(b)

An individual who is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs.

(c)

An individual who is erroneously regarded as engaging in the illegal use of drugs.

(3)

An employer may adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subsection (2)(a) or (b) of this section is no longer engaging in the illegal use of drugs. [Formerly 659.442; 2009 c.508 §9]
§§ 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

Protections from employment discrimination do not apply to employee against whom adverse action is taken where employee uses medical marijuana. Emerald Steel Fabricators, Inc. v. BOLI, 348 Or 159, 230 P3d 518 (2010)


Source

Last accessed
Jun. 26, 2021