Discrimination Laws

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Discrimination Laws

Postby Guest » February 25th, 2005, 5:56 am

BOLI Web site http://www.boli.state.or.us/
Visit http://www.leg.state.or.us/ors/659.html and to view the latest edition of Oregon Revised Statutes.

These are short descriptions of only a few statutes. Since these were
taken from various court decisions which could be inacurate due to changes since they should be verified above before quoting them.


Oregon Revised Statutes

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."

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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).

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Oregon Administrative Rules

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."
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