Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.147
Prohibited conduct

  • posting requirements
  • Commissioner of Bureau of Labor and Industries to develop training and education materials
  • undue hardship exception
  • remedies


(1)

It is an unlawful employment practice for an employer, because of known limitations related to pregnancy, childbirth or a related medical condition, including but not limited to lactation, of a job applicant or an employee, to:

(a)

Deny employment opportunities to an applicant or employee if the denial is based on the need of the employer to make reasonable accommodation to the known limitations.

(b)

Fail or refuse to make reasonable accommodation to the known limitations, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer.

(c)

Take an adverse employment action or in any manner discriminate or retaliate against an applicant or an employee, with respect to hire or tenure, or any other term or condition of employment, because the applicant or employee has inquired about, requested or used a reasonable accommodation under this section.

(d)

Require an applicant or an employee to accept a reasonable accommodation that is unnecessary for the applicant or the employee to perform the essential duties of the job or to accept a reasonable accommodation if the applicant or employee does not have a known limitation.

(e)

Require an employee to take family leave under ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions), or any other leave, if the employer can make reasonable accommodation to the known limitations.

(2)

(a) An employer shall post signs that provide notice informing employees of the employment protections under this section, including the right to be free from discrimination because of pregnancy, childbirth and related medical conditions, and the right to reasonable accommodation under this section.

(b)

The employer shall post the signs in a conspicuous and accessible location in or about the premises where employees work.

(c)

In addition to posting the signs, the employer shall provide a written copy of the notice to:

(A)

A new employee, at the time of hire;

(B)

Existing employees, within 180 days after January 1, 2020; and

(C)

An employee who informs the employer of the employee’s pregnancy, within 10 days after the employer receives the information.

(3)

The Commissioner of the Bureau of Labor and Industries shall develop training and education materials that the Bureau of Labor and Industries may use to train and educate employers and employees regarding the obligations, rights and protections provided in ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited) and under this section.

(4)

(a) For purposes of this section, a reasonable accommodation imposes an undue hardship on the operation of the business of an employer if the reasonable accommodation requires significant difficulty or expense.

(b)

Whether a reasonable accommodation requires significant difficulty or expense shall be determined by considering the factors provided in ORS 659A.121 (Undue hardship) (2).

(5)

An employee who alleges a violation of this section may bring a civil action under ORS 659A.885 (Civil action) or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820 (Complaints).

(6)

(a) Nothing in this section shall be construed to preempt, limit, diminish or otherwise affect any provision of state or federal law relating to discrimination because of sex.

(b)

Nothing in this section shall be construed to limit the remedies or rights under federal or state law that provide greater or equal protection for employees who are affected by pregnancy, childbirth or a related medical condition. [2019 c.139 §3]
§§ 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