BOLI Web site http://www.boli.state.or.us/ These are short descriptions of only a few statutes. Since these were taken from various court decisions which could be inacurate due to changes in law they should be verified before quoting them. ORS 659.410 provides: "It is an unlawful employment practice for an employer to discriminate against a worker with respect to hire or tenure or any term or condition of employment because the worker has applied for workers' compensation benefits or invoked or utilized the procedures provided for in ORS 656.001 to 656.794 and 656.802 to 656.807, or of 659.400 to 659.435 or has given testimony under the provisions of such sections." ORS 659.425(1) provides, in pertinent part: "For the purposes of ORS 659.400 to 659.460, it is an unlawful employment practice for any employer to * * * discriminate * * * in terms, conditions or privileges of employment because: "(b) An individual has a record of a physical or mental impairment; or "(c) An individual is regarded as having a physical or mental impairment." ORS 659.400 further provides, in pertinent part: "As used in ORS 659.400 to 659.460, unless the context requires otherwise: "(1) 'Disabled person' means a person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment or is regarded as having such an impairment. "(2) As used in subsection (1) of this section: "(a) 'Major life activity' includes, but is not limited to self-care, ambulation, communication, transportation, education, socialization, employment and ability to acquire, rent, or maintain property. "(b) 'Has a record of such an impairment' means has a history of, or has been misclassified as having such an impairment. "(c) 'Is regarded as having an impairment' means that the individual: "(A) Has a physical or mental impairment that does not substantially limit major life activities but is treated by an employer or supervisor as having such a limitation; "(B) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitude of others toward such impairment; or "(C) Has no physical or mental impairment but is treated by an employer or supervisor as having an impairment." A violation of ORS 659.425 could occur with the imposition of a negative term or condition of employment even though the impaired employee was not suspended or terminated. One example would be removal of a job duty from an impaired employee because of a misperception of the existence or extent of limitation. It is also worth noting that not all protection from onerous or intrusive terms and conditions of employment for impaired employees reposes in ORS chapter 659. For example, privacy rights may be implicated in the requirement of counseling and disclosure, by report, of the contents of the counseling sessions. See, e.g., Pettus v. Cole, 57 Cal Rptr 2d 46, 1996 WL 518068 (As Modified on Denial of Rehearing Oct. 15, 1996). OAR 839-06-205 provides, in pertinent part: "As used in these rules unless the context requires otherwise: "(2) 'The attitude of others toward such impairment' means an opinion, evaluation, or belief, held by another person or persons toward the individual's perceived or actual physical or mental impairment. "(5) 'Medical' means authored by or originating with a medical * * * physician * * *. "(7) 'Physical or mental impairment' means an apparent or medically detectable condition which weakens, diminishes, restricts or otherwise damages an individual's health or physical or mental activity."