justicedao/ipfs_state_laws huggingface dataset:
839-006-0240 Disability and Employment Rights: Temporary or Progressive Impairments (1) The effects of an impairment lasting or expected to last fewer than six months can be substantially limiting within the meaning of ORS 659A.104 and these rules. (2) Conditions that are progressive (including, but not limited to, cancer, Hodgkin's disease, multiple sclerosis and HIV infection, whether or not such condition substantially limits the individual in any major life activity at the time of the alleged discrimination) may not form the basis for an employer to refuse to employ or promote; bar or discharge from employment; or discriminate in compensation, terms, conditions or privileges of employment. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 - 659A.142 History: BLI 12-2015, f. & cert. ef. 8-28-15 BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 2-1998, f. & cert. ef. 2-3-98 BL 4-1996, f. & cert. ef. 3-12-96 BL 15-1990, f. 10-29-90, cert. ef. 11-1-90 BL 2-1984, f. & ef. 1-31-84
839-006-0242 Disability and Employment Rights: Medical Evaluation (1) An employer may not require any applicant to obtain a medical examination or evaluation prior to an offer of employment. (2) An employer may require a medical examination or evaluation after making an employment offer but before the individual commences work, only if all individuals receiving offers of employment in that same job category are required to obtain a medical examination or evaluation. (3) A drug test is not considered a medical examination or evaluation, for purposes of ORS 659A.133, 659A.136 and sections (1) and (2) of this rule, limiting employer actions in regard to medical examinations and inquiries. (4) As provided in ORS 659A.306, the employer must pay the cost of any medical examination or evaluation or test, including a drug test, or the production of any health certificate required by the employer. (5) An employer may not use qualification standards based on vision tests of an individual’s uncorrected vision unless the qualification standards are shown to be job-related for the position in question and are consistent with business necessity. (6) An employer obtaining medical information about an employee or applicant must collect and maintain the information on separate medical forms and in separate medical files to be treated as confidential medical records, except as follows: (a) Supervisors and managers may be informed regarding necessary restrictions on the work duties of an employee or necessary accommodations; (b) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (c) Officers and employees of the Division investigating compliance with disability discrimination laws must be provided relevant information on request. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 - 659A.142 History: BLI 8-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 2-1998, f. & cert. ef. 2-3-98, Renumbered from 839-006-0235 BL 4-1996, f. & cert. ef. 3-12-96 BL 2-1984, f. & ef. 1-31-84
839-006-0244 Disability and Employment Rights: Direct Threat to Health or Safety, Employment (1) Notwithstanding other provisions of these rules, an employer may refuse to employ an individual with a disability posing a direct threat to the health or safety of others. Direct threat means significant risk of substantial harm that cannot be eliminated or reduced below the level of significant risk of substantial harm by reasonable accommodation. (2) The determination that an individual with a disability poses a "direct threat" is based on an individualized assessment of the individual’s present ability to safely perform the essential functions of the position. The assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge or on the best available objective evidence. In making the determination, factors to be considered include: (a) The duration of risk; (b) The nature and severity of potential harm; (c) The likelihood that potential harm will occur; and (d) The imminence of potential harm. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 - 659A.142 History: BLI 12-2015, f. & cert. ef. 8-28-15 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 2-1998, f. & cert. ef. 2-3-98, Renumbered from 839-006-0230 BL 4-1996, f. & cert. ef. 3-12-96 BL 2-1984, f. & ef. 1-31-84
839-006-0250 Disability and Employment Rights: Customer or Co-Worker Preference An employer may not consider the attitude or preference of employers, managers, supervisors, co-workers, customers, clients or the general public toward an individual’s perceived or actual impairment in determining whether an individual is qualified for a position. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 - 659A.142 History: BLI 8-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 2-1998, f. & cert. ef. 2-3-98 BL 4-1996, f. & cert. ef. 3-12-96 BL 2-1984, f. & ef. 1-31-84
839-006-0255 Disability and Employment Rights: Effect of Law Where a state or federal law or regulation prevents employment in a particular position of an individual with a specified, medically verifiable impairment or specified severity of impairment, an employer is not required to employ an individual with a disability with such an impairment in that position. Nothing in this rule will be construed to permit denial of employment to such individual in a position that is not subject to such law or regulations. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 - 659A.142 History: BLI 8-2010, f. & cert. ef. 2-24-10 BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 4-1996, f. & cert. ef. 3-12-96 BL 2-1984, f. & ef. 1-31-84
839-006-0265 Disability and Employment Rights: Subterfuge An employer may not use the provisions of these rules as a subterfuge to avoid the employer's duty not to discriminate under ORS 659A.103 to 659A.142. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 - 659A.142 History: BLI 8-2010, f. & cert. ef. 2-24-10 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 2-1998, f. & cert. ef. 2-3-98
839-006-0270 Discrimination against Persons with Disabilities by State Government: Purpose and Scope (1) ORS 659A.103 provides that it is the policy of the State of Oregon to guarantee individuals the fullest possible participation in the social and economic life of the state, including participating in and receiving the benefits of the services, programs and activities of state government, without discrimination on the basis of disability. (2) ORS 659A.142(5) provides that: (a) It is an unlawful practice for state government to exclude an individual from participation in or deny an individual the benefits of the services, programs or activities of state government or to make any distinction, discrimination or restriction because the individual has a disability. (b) State government shall make reasonable modifications in services, programs or activities, including but not limited to policies and procedures, when the modifications are necessary for state government to comply with ORS 659A.142(5). (c) State government shall provide auxiliary aids and services when necessary to ensure equal access to state government programs, services, and activities. (3) Theories applied in cases of alleged discrimination under ORS 659A.142(5) are found in OAR 839-006-0340. (4) An individual claiming a violation of ORS 659A.142(5) may file a complaint with the Civil Rights Division as provided in OAR 839-003-0025. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.142(5) History: BLI 15-2013, f. & cert. ef 12-30-13 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08 BLI 21-2005, f. 10-20-05, cert. ef. 10-21-05
839-006-0275 Defining Disability for Purposes of Discrimination by State Government (1) “Disability” has the meaning given in OAR 839-006-0205(1) and (8). (2) "Major life activity” has the meaning given in OAR 839-006-0205(6). (3) "Physical or mental impairment" has the meaning given in OAR 839-006-0205(9). (4) "Substantially limits" has the meaning given in OAR 839-006-0205(12). Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103, 659A.104, 659A.106, 659A.109, 659A.139 & 659A.142 History: BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08 BLI 21-2005, f. 10-20-05, cert. ef. 10-21-05
839-006-0290 Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities (1) Public transportation services, programs, and activities of public entities are subject to Title II of the federal Americans with Disabilities Act and regulated by the U.S. Department of Transportation. See 42 USC 12141§ 221 and 49 CFR §37. Public transportation is covered by ORS 659A.142(4). (2) Accessibility of government facilities is subject to Title II of the Americans with Disabilities Act, 42 USC §12131. The U.S. Department of Justice regulates existing government facilities (28 CFR §35.150) and new construction and alterations to government facilities (28 CFR §35.151). The Oregon Department of Consumer and Business Services has jurisdiction over disability access to state and local government facilities in Oregon. See ORS 447.210 to 447.310 and administrative rules and standards adopted pursuant thereto. (3) The federal Rehabilitation Act provides that no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any federal executive agency or by the United States Postal Service. 29 USC §794. (4) Discrimination against individuals with disabilities in employment is subject to ORS 659A.103 to 659A.139 and OAR 839-006-0200 to 0265. (5) Discrimination against individuals with disabilities by places of public accommodation, which include public bodies with some exceptions, is subject to ORS 659A.142(4), 659A.400 and OAR 839-006-0300 to 0335. (6) Assistance animals in places of public accommodation or access to state government are subject to ORS 659A.143 and OAR 839-006-0345. (7) Discrimination against individuals with disabilities in real property transactions is subject to ORS 659A.142, 659A.145 and OAR 839-005-0195 to 839-005-0220. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103–143 & 659A.400 History: BLI 12-2015, f. & cert. ef. 8-28-15 BLI 15-2013, f. & cert. ef 12-30-13 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08 BLI 21-2005, f. 10-20-05, cert. ef. 10-21-05
839-006-0291 Discrimination against Persons with Disabilities by State Government: Reasonable Modifications (1) State government shall make reasonable modifications in services, programs or activities, including but not limited to policies and procedures, when the modifications are necessary for state government to comply with ORS 659A.142(5) unless state government can demonstrate that making the modifications would result in a fundamental alteration in the nature of the service, program, or activity or would result in undue financial or administrative burdens on state government. This will be determined on a case by case basis. (2) ORS 659A.142(5) and these rules are not intended to: (a) Create an independent entitlement to any service, program or activity of state government; or (b) Require state government to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program or activity or would result in undue financial or administrative burdens, as determined on a case-by-case basis. (3) In determining whether financial and administrative burdens are undue for purposes of ORS 659A.142(5) and these rules, all resources available for use in the funding and operation of the service, program, or activity will be considered. (4) Nothing in ORS 659A.142(5) or these rules prohibits state government from providing benefits, services, or advantages to individuals with disabilities beyond those required by 659A.142(5) or these rules. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.142(5) History: BLI 15-2013, f. & cert. ef 12-30-13
839-006-0292 Discrimination against Persons with Disabilities by State Government: Definitions for Auxiliary Aids and Services (1) "Qualified interpreter" means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators. (2) "Qualified reader" means a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary. (3) "Video remote interpreting (VRI) service" means an interpreting service that uses video conferencing technology over dedicated lines or wireless technology offering high-speed, wide- bandwidth video connection that delivers high-quality video images. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.142 History: BLI 15-2013, f. & cert. ef 12-30-13
839-006-0295 Discrimination against Persons with Disabilities by State Government: Provision of Auxiliary Aids and Services (1) Except as provided for in subsection (3) of this section, state government must provide auxiliary aids and services when necessary to ensure equal access for individuals with disabilities to state government programs, services, and activities. (2) Auxiliary aids and services may include, but are not limited to: (a) Qualified interpreters, note takers, real-time computer-aided transcription services, transcription services, written materials, exchange of written notes, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning including real-time captioning, voice, text and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, telecommunications devices for deaf persons (TDDs), videotext displays, computer aided real time captioning (CART), accessible electronic and information technology, or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (b) Qualified readers, taped texts, audio recordings, brailed materials and displays, screen reader software, magnification software, optical readers, secondary auditory programs (SAP), large print materials, accessible electronic and information technology including e-mail, or other effective methods of making visually delivered materials available to individuals with visual impairments; (c) Acquisition or modification of equipment or devices; and (d) Other similar services and actions. (3) State government is not required to provide auxiliary aids or services that state government can demonstrate would result in a fundamental alteration in the nature of a service, program or activity of state government or would result in undue financial or administrative burdens on state government. This will be determined on a case by case basis. (4) State government may not place a surcharge to cover the costs of measures such as the provision of auxiliary aids or program accessibility, that are required to provide an individual with a disability with the nondiscriminatory treatment required by ORS 659A.142(5). Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.142 History: BLI 15-2013, f. & cert. ef 12-30-13 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 21-2005, f. 10-20-05, cert. ef. 10-21-05
839-006-0300 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Purpose and Scope (1) It is the policy of the State of Oregon to guarantee individuals equal access to and enjoyment of places of public accommodation as defined in ORS 659A.142 and 659A.400. No place of public accommodation may discriminate against an individual by any distinction or restriction on the basis of disability. (2) Discrimination on the basis of disability by places of public accommodation is an unlawful practice and the Civil Rights Division of the Bureau of Labor and Industries has the authority to protect the rights of individuals with disabilities through the enforcement of ORS 659A.142(4). OAR 839-006-0300 to 839-006-0335 interpret this statute and apply to all complaints and inquiries relating to these statutes received on or after the effective date of these rules. (3) An individual claiming a violation of ORS 659A.142(4), pertaining to discrimination against individuals on the basis of disability by a place of public accommodation, may file a complaint with the Civil Rights Division as provided in OAR 839-003-0025. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.142 History: BLI 8-2010, f. & cert. ef. 2-24-10 BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 10-1996, f. & cert. ef. 12-4-96
839-006-0305 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Definitions (1) "Disability" has the meaning given in OAR 839-006-0205. (2) "Major life activity" has the meaning given in OAR 839-006-0205(6). (3) "Physical or mental impairment" has the meaning given in OAR 839-006-0205(9). (4) "Place of public accommodation" means: (a) Any place or service offering to the public accommodations, advantages, facilities or privileges whether in the nature of goods, services, lodgings, amusements, transportation or otherwise; (b) Any place that is open to the public and owned or maintained by a public body, as defined in ORS 174.109, regardless of whether the place is commercial in nature; or (c) Any service to the public that is provided by a public body, as defined in ORS 174.109, regardless of whether the service is commercial in nature. (5) A place of public accommodation does not include: (a) A Department of Corrections institution as defined in ORS 421.005; (b) A state hospital as defined in ORS 162.135; (c) A youth correction facility as defined in ORS 420.005; (d) A local correction facility or lockup as defined in ORS 169.005; or (e) An institution, bona fide club or place of accommodation that is in its nature distinctly private. (6) "Substantially limits" has the meaning given in OAR 839-006-0205(12). Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.142 & 659A.400 History: BLI 12-2015, f. & cert. ef. 8-28-15 BLI 15-2013, f. & cert. ef 12-30-13 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 9-2006, f. 3-16-06, cert. ef. 3-20-06 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00
839-006-0310 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Physical Barriers to Facilities (1) Places of public accommodation must remove physical barriers to entering and using existing facilities when such removal is readily achievable. (2) “Readily achievable” means the barrier removal is easily accomplishable and can be carried out without much difficulty or expense. In determining whether a barrier removal is readily achievable, the factors to be considered include: (a) The nature and cost of the action needed; (b) The overall financial resources of the site or sites involved in the action; (c) The number of persons employed at the site; (d) The effect on expenses and resources; (e) Legitimate safety requirements that are necessary for safe operation, including crime prevention measures; (f) The impact otherwise of the barrier removal upon the operation of the site; (g) The administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; and (h) The overall financial resources of any parent corporation or entity. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 & 659A.142 History: BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 10-1996, f. & cert. ef. 12-4-96
839-006-0320 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Provision of Auxiliary Aids (1) Places of public accommodation must provide auxiliary aids and services when necessary to ensure equal access to offered goods, privileges, services or facilities. (2) Places of public accommodation are not required to provide auxiliary aids that would result in significant difficulty or expense, or in a fundamental alteration in the nature of the offered goods, privileges or services. This is to be determined on a case-by-case basis. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 & 659A.142 History: BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 10-1996, f. & cert. ef. 12-4-96
839-006-0330 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Removal of Barriers to Goods and Services (1) Places of public accommodation must remove physical and administrative barriers, if readily achievable (as defined in OAR 839-006-0310) in order to make offered goods and services accessible. (2) If barrier removal is not readily achievable, places of public accommodation must take alternative steps to make offered goods and services accessible, such as providing goods and services at the door, sidewalk or curb; providing home delivery; retrieving merchandise from inaccessible shelves or racks; relocating activities to accessible locations; or relaxing administrative policies. (3) Places of public accommodation may not impose charges on individuals with disabilities to recover costs of barrier removal. (4) Removal of physical or administrative barriers that would result in significant difficulty or expense or in a fundamental alteration in the nature of the offered goods or services is not required and is to be determined on a case-by-case basis. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 & 659A.142 History: BLI 8-2010, f. & cert. ef. 2-24-10 BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 10-1996, f. & cert. ef. 12-4-96