Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.136
Medical examinations and inquiries of employees


(1)

Except as provided in this section, an employer may not require that an employee submit to a medical examination, may not make inquiries of an employee as to whether the employee has a disability, and may not make inquiries of an employee as to the nature or severity of any disability of the employee, unless the examination or inquiry is shown to be job-related and consistent with business necessity.

(2)

An employer may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. An employer may make inquiries into the ability of an employee to perform job-related functions.

(3)

Information obtained under subsection (2) of this section relating to the medical condition or history of any employee is subject to the same restrictions applicable to information acquired from medical examinations authorized under ORS 659A.133 (Medical examinations and inquiries of job applicants). [Formerly 659.448; 2007 c.70 §296; 2009 c.508 §12]
§§ 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

Employers may use reasonable means to ascertain cause of troubling employee behavior without exposing themselves to liability for disability discrimination. Heiple v. Henderson, 229 Or App 693, 215 P3d 891 (2009)


Source

Last accessed
Jun. 26, 2021