Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.133
Medical examinations and inquiries of job applicants


(1)

Except as provided in this section, an employer violates ORS 659A.112 (Employment discrimination) if the employer conducts a medical examination of a job applicant, makes inquiries of a job applicant as to whether the applicant has a disability or makes inquiries as to the nature or severity of any disability of the applicant.

(2)

An employer may make inquiries into the ability of a job applicant to perform job-related functions.

(3)

An employer may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant, and condition the employment on the results of the examination, if the following conditions are met:

(a)

All individuals entering the employ of the employer must be subject to the examination regardless of disability.

(b)

Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except as follows:

(A)

Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.

(B)

First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment.

(C)

Officers and employees of the Bureau of Labor and Industries investigating compliance with ORS 659A.112 (Employment discrimination) to 659A.139 (Construction of ORS 659A.103 to 659A.145) shall be provided relevant information on request.

(c)

The results of an examination authorized under this subsection may only be used in the manner provided for in ORS 659A.112 (Employment discrimination) to 659A.139 (Construction of ORS 659A.103 to 659A.145). [Formerly 659.447; 2007 c.70 §295; 2009 c.508 §11]
§§ 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


Source

Last accessed
Jun. 26, 2021