justicedao/ipfs_state_laws huggingface dataset:
839-005-0215 Housing Discrimination: Religious Exemption It is not an unlawful practice for a bona fide church or other religious institution to take any action with respect to housing based on a bona fide religious belief about sexual orientation as long as the housing is closely connected with or related to the primary purpose of the church or institution and is not connected with a commercial or business activity that has no necessary relationship to the church or institution (see OAR 839-005-0031). Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103, 659A.142 & 659A.145, 659A.421 & 42 U.S.C. §3601–3617 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08
839-005-0300 Discrimination by Career Schools: Purpose and Scope (1) ORS 345.240 prohibits unlawful discrimination by career schools licensed under ORS 345.010 to 345.450. (2) A violation of ORS 345.240 is an unlawful practice under ORS chapter 659A. The provisions of ORS Chapter 659A that apply to unlawful practices, apply to alleged violations of ORS 345.240, including but not limited to ORS 659A.030(1)(f) and 659A.800 through 659A.865. (3) Any individual claiming to be aggrieved by an unlawful practice including a violation of ORS 345.240 may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820. (4) The Civil Rights Division of the Bureau of Labor and Industries enforces ORS 345.240. These rules implement and interpret ORS 345.240. Statutory/Other Authority: ORS 651.060 Statutes/Other Implemented: ORS 345.240 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13
839-005-0305 Discrimination by Career Schools: Definitions For purposes of ORS 345.240 and these rules: (1) “Agent” means an individual who: (a) Is employed by or for a career school, or is working on behalf of the school under a contract, for the purpose of procuring students, enrollees or subscribers of the school by solicitation in any form that is made at a place or places other than the school office or place of business of the school; or (b) At the request of a career school or under a contract with a career school, provides information technology services for the school and has control over information technology systems that are used for the purpose of procuring students, enrollees or subscribers of the school by solicitation in any form that is made by technology that is accessed at a place or places other than the school office or place of business of the school. (2) “Career school” includes any private proprietary professional, technical, home study, correspondence, business or other school instruction, organization or person that offers any instruction or training for the purpose or purported purpose of instructing, training or preparing persons for any profession. “Career school” includes those required to be licensed under ORS 345.010 to 345.450, and excludes entities described in ORS 345.015. Entities excluded by ORS 345.015 but receiving state funds, may be subject to ORS 659.850, which is under the jurisdiction of the State Board of Higher Education. (3) "Discrimination" means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on age, disability, national origin, race, color, marital status, religion, sex or sexual orientation. (4) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth. Statutory/Other Authority: ORS 651.060 Statutes/Other Implemented: ORS 345.240, 345.010 & 659.850 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13
839-005-0310 Discrimination by Career Schools: Unlawful Discrimination (1) No career school or its agent may, based on the protected classes of age, disability, national origin, race, color, marital status, religion, sex or sexual orientation of an individual or any other individual with whom that individual associates: (a) Refuse admission to any individual; (b) Discriminate in any aspect of admission or enrollment against any individual; (c) Discriminate in giving instruction to any individual; (d) Discriminate in requirements for or the provision of aid, benefits, or services; (e) Discriminate in application of rules of behavior, sanctions, or any other treatment; or (f) Otherwise limit any individual in the enjoyment of any right, privilege, advantage, or opportunity. (2) No career school may aid or perpetuate discrimination by joining or remaining a member of any organization that discriminates, based on the protected classes in subsection (1) of this rule, in providing any aid, benefit, or service to students or employees. Statutory/Other Authority: ORS 651.060 Statutes/Other Implemented: ORS 345.240 & 659.850 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13
839-005-0320 Discrimination by Career Schools: Authority of Superintendent of Public Instruction Related to Complaints under ORS 345.240 (1) Pursuant to ORS 345.120, the Superintendent of Public Instruction of the State of Oregon has authority to suspend or revoke licenses of career schools violating ORS 345.010 to 345.450 or any applicable rule. A certified copy of a finding by the Commissioner of the Bureau of Labor and Industries in a contested case proceeding under ORS 659A.850 that the school has violated ORS 345.240 is adequate proof of the violation. (2) Pursuant to ORS 345.060, the Superintendent of Public Instruction may accept service of all actions or proceedings brought against a career school not domiciled in Oregon. Statutory/Other Authority: ORS 651.060 Statutes/Other Implemented: ORS 345.240, 345.120 & 345.060 History: BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13
839-005-0325 Discrimination by Career Schools: Retaliation or Discrimination Pursuant to, ORS 659.852(1)(b), it is an unlawful practice for a career school or its agent to retaliate or discriminate against any individual because the individual has in good faith reported information that the student believes is evidence of a violation of a state or federal law, rule or regulation. Statutory/Other Authority: ORS 651.060 Statutes/Other Implemented: ORS 345.240 & 659.850 History: BLI 9-2016, f. & cert. ef. 11-8-16 BLI 11-2015, f. & cert. ef. 8-4-15 BLI 14-2013, f. & cert. ef. 12-30-13
839-006-0100 Injured Workers: Purpose and Scope (1) The Civil Rights Division of the Bureau of Labor and Industries enforces the provisions of ORS 659A.040 to 659A.052, prohibiting discrimination against employees who use the Workers’ Compensation statutes and providing specific reinstatement and reemployment requirements. (2) It is an unlawful employment practice for an employer to discriminate against a worker injured on the job who applies for benefits under or in other ways invokes or uses the Oregon Workers’ Compensation system. An employer may not discriminate against workers who have testified, are about to give testimony, or who are perceived as having testified in connection with Oregon Workers’ Compensation procedures or civil procedures pursuant to ORS 659A.040, 659A.043, 659A.046. (3) A worker or injured worker claiming a violation under Oregon’s injured worker statutes 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.040 - 659A.052 History: 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 1-1983, f. & ef. 1-26-83
839-006-0115 Injured Workers: Covered Employees and Employers (1) As provided in ORS 659A.040, an employer may not discriminate against employees or applicants with respect to hire or tenure or any term or condition of employment because the worker has applied for benefits or invoked or utilized the procedures provided for in ORS Chapter 656 or 659A.040 to 659A.052 or has given testimony, is about to give testimony or is perceived as having testified under the provisions of such sections. As provided in 659A.046, an employer must reemploy an injured worker who is unable to perform the duties of the worker’s former position to an available, suitable position. “Employer” for the purposes of 659A.040 and 659A.046 includes persons employing six or more employees on a full-time, part-time or seasonal basis at one of the following times: (a) At the time of the worker’s on-the-job injury; (b) At the time of the injured worker’s demand for reemployment under ORS 659A.046; or (c) At the time of the discriminatory act alleged under ORS 659A.040. (2) As provided in ORS 659A.043, an employer must reinstate an injured worker to the worker’s former position. If the former position no longer exists the employer must offer the worker a vacant, suitable position. “Employer” for the purposes of 659A.043 are those employing 21 or more workers at one of the following times: (a) At the time of the worker’s on-the-job injury; or (b) At the time of the worker’s demand for reinstatement to the worker’s former position under ORS 659A.043. (3) The “six or more persons” referred to in section (1) and the “21 or more employees” referred to in section (2) need not be employed within Oregon. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.100, 659A.040, 659A.043 - 659A.046 & 659A.049 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 BL 4-1996, f. & cert. ef. 3-12-96 BL 3-1991, f. 2-12-91, cert. ef. 2-15-91 BL 13-1990(Temp), f. & cert. ef. 9-4-90 BL 1-1983, f. & ef. 1-26-83
839-006-0117 Injured Workers: Prohibited Discrimination (1) Pursuant to ORS 659A.040, unlawful employment practices include: (a) Refusal to hire or promote, to bar or discharge from employment or to discriminate in compensation, terms, conditions or privileges of employment because a person applies for benefits under or in other ways invokes or uses Oregon Worker’s Compensation system as provided for in ORS Chapter 656. (b) Discriminating against a person who has testified, is about to give testimony, or who is perceived as having testified in connection with Oregon Worker’s Compensation procedures or civil procedures pursuant to ORS 659A.040, 659A.043 and 659A.046. (2) Pursuant to ORS 659A.030(1)(g), it is an unlawful employment practice for a person, whether an employer or employee, to aid, abet, incite, compel or coerce an individual to do any of the acts forbidden by ORS 659A.040 to 659A.052, or attempt to do so. (3) When disciplining workers for excessive absenteeism, an employer cannot count the time an injured worker is off the job because of a compensable injury when calculating the injured worker’s absenteeism rate, as long as the time off the job is covered by time loss compensation or are absences medically certifiable by the attending physician in connection with the compensable injury. (4) A person claiming a violation under Oregon’s injured worker statutes 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.030(1)(g), 659A.040 & 659A.820 History: BLI 10-2002, f. & cert. ef. 5-17-02
839-006-0131 Injured Workers: Loss of Reinstatement Rights Under ORS 659A.043 (1) An injured worker meeting the requirements for reinstatement under ORS 659A.043 loses the right to reinstatement to the worker's former position when any of the following occurs: (a) A medical determination by the attending physician or, after an appeal of such determination, by a medical arbiter or panel of medical arbiters pursuant to ORS chapter 656, that the worker cannot return to the former position of employment; (b) The worker is eligible for and participates in vocational assistance under ORS 656.340; (c) The worker accepts suitable employment with another employer after becoming medically stationary; (d) The worker refuses a bona fide offer from the employer of light duty of modified employment which is suitable prior to becoming medically stationary, except as provided under section (2) of this rule; (e) Seven days elapse from the date that the worker is notified by the insurer or self-insured employer by certified mail that the worker’s attending physician or an authorized nurse practitioner has released the worker for employment unless the worker requests reinstatement within that time period; (f) Three years elapse from the date of injury; (g) The worker is discharged for bonafide reasons not connected with the injury and for which others are or would be discharged; or (h) The worker clearly and unequivocally abandons employment with the employer. (2) A worker who refuses an offer of employment under subsection (1)(d) of this rule and who otherwise is entitled to Oregon Family Leave Act (OFLA) leave under ORS 659A.150 to 659A.186: (a) Automatically commences a period of OFLA leave upon refusing the offer of employment; and (b) Need not give notice to the employer that would otherwise be required under OAR 839-009-0250 that the employee is commencing a period of OFLA leave. See ORS 659A.162 and 659A.043. (3) The right to reinstatement does not apply to: (a) A worker hired on a temporary basis as a replacement for an injured worker; (b) A seasonal worker hired for and actually employed for less than six months in a calendar year; or (c) A worker whose employment at the time of injury resulted from referral to short-term employment from a hiring hall operating pursuant to a collective bargaining agreement. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.150 – ORS 659A.186 History: BLI 44-2007, f. 12-31-07, cert. ef. 1-1-08 BLI 34-2006, f. 10-3-06, cert. ef. 10-4-06 Reverted to BLI 10-2002, f. & cert. ef. 5-17-02 BLI 11-2006(Temp), f. 3-16-06, cert. ef. 3-17-06 thru 9-8-06 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
839-006-0136 Injured Workers: Loss of Reemployment Rights Under ORS 659A.046 An injured worker meeting the requirements for reemployment under ORS 659A.046 loses the right to reemployment to an available, suitable position when any of the following occurs: (1) A medical determination by the attending physician or authorized nurse practitioner or, after an appeal of such determination, by a medical arbiter or panel of medical arbiters pursuant to ORS chapter 656, that the worker cannot return to any position of reemployment with the employer. (2) The worker is eligible for and participates in vocational assistance under ORS 656.340; (3) The worker accepts suitable employment with another employer after becoming medically stationary; (4) The worker refuses a bona fide offer from the employer of light duty or modified employment that is suitable prior to becoming medically stationary. Except that a worker who refuses an offer of employment under this section, and who otherwise is entitled to Oregon Family Leave Act (OFLA) leave under ORS 659A.150 to 659A.186: (a) Automatically commences a period of OFLA leave upon refusing the offer of employment; and (b) Need not give notice to the employer that would otherwise be required under OAR 839-009-0250 that the employee is commencing a period of OFLA leave. See ORS 659A.162 and 659A.046; (5) Seven days elapse from the date that the worker is notified by the insurer or self-insured employer by certified mail that the worker’s attending physician or authorized nurse practitioner has released the worker for reemployment unless the worker requests reemployment within that time period; (6) Three years elapse from the date of injury; (7) The worker is discharged for bona fide reasons not connected with the injury and for which others are or would be discharged; or (8) The worker clearly and unequivocally abandons employment with the employer. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.046 & 659A.150–659A.186 History: BLI 44-2007, f. 12-31-07, cert. ef. 1-1-08 BLI 10-2006, f. 3-16-06, cert. ef. 3-20-06 BLI 22-2005(Temp), f. 10-26-05, cert. ef. 10-27-05 thru 4-24-06 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
839-006-0146 Injured Workers: Injured Temporary Workers and Employer Responsibilities Subject to these rules regarding position availability and suitability, and except as otherwise provided in a valid collective bargaining agreement: (1) A worker serving on probationary or trial service status (whether due to initial hire, promotion or disciplinary measures) when a compensable injury occurs, has the same rights under ORS 659A.043 and 659A.046 as other injured workers. Upon return to work, however, the injured worker resumes the worker’s probationary or trial service status unless the employer waives such status. (2) A seasonal worker must be employed by an employer for at least six months in a calendar year to be eligible for reinstatement to the former position under ORS 659A.043. This requirement does not apply to seasonal workers seeking reemployment to an available, suitable position under 659A.046. If the employment season ends prior to a seasonal worker’s release to the former position under 659A.043, or to an available, suitable position under 659A.046, reinstatement or reemployment is deferred until the next season. (3) A worker hired on a temporary basis as a replacement for an injured worker, and who is injured while in the temporary replacement position, does not have reinstatement rights under ORS 659A.043. (4) A worker employed in a limited-duration or temporary position has reinstatement and reemployment rights under ORS 659A.043 and 659A.046 as follows: (a) Under ORS 659A.043, a worker injured on the job while employed for a limited duration and released to the worker’s former position must be reinstated to the former position, from the date of timely demand until the date the limited duration was originally set to expire; (b) Under ORS 659A.043, a worker injured on the job while employed in a temporary position ending at the completion of a defined task, and released to the former position, must be reinstated to the former position from the date of timely demand until the task is completed; (c) Under ORS 659A.046, a worker injured on the job while employed for a limited duration and released to an available, suitable position must be reemployed in the next available, suitable position from the date of timely demand until the date the limited duration was originally set to expire; (d) Under ORS 659A.046, a worker injured on the job while employed in a temporary position ending at the completion of a defined task and released to an available, suitable position must be reemployed in the next available, suitable position from the date of timely demand until the task is completed. (5) Nothing in this rule prevents an employer from extending the original period of employment in the worker’s favor. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.043 & 659A.046 History: 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 3-1991, f. 2-12-91, cert. ef. 2-15-91 BL 13-1990(Temp), f. & cert. ef. 9-4-90 BL 1-1983, f. & ef. 1-26-83
839-006-0150 Injured Workers: Retention and Loss of Reinstatement and Reemployment Rights (1) An injured worker does not lose the right to reinstatement or reemployment under ORS 659A.043 or 659A.046 if: (a) An employer discharges all employees who are off the job for a certain amount of time and discharges the injured worker under this policy for time off covered by time-loss compensation or for absences medically certifiable by the attending physician or authorized nurse practitioner in connection with the compensable injury. (b) An employer discharges the injured worker for reasons other than for cause; (c) An injured worker quits or resigns involuntarily or under mistake of fact; (d) An injured worker making a timely demand for reinstatement or reemployment takes a position that is not suitable with another employer while waiting for a suitable position to become available; or (e) An injured worker, disabled from performing the duties of the worker’s former regular employment, accepts an available, suitable position with the same employer under ORS 659A.046 and these rules. (2) If an injured worker recovers to the point that the worker can perform the duties of the worker's former position, the worker must make timely demand for reinstatement to the former position, subject to the requirements of OAR 839-006-0130. (3) If an injured worker is unable to perform the duties of the former position but is released by the attending physician or authorized nurse practitioner to perform duties that meet the workers medical restrictions, the worker must make timely demand for reemployment to an available, suitable position, subject to the requirements of OAR 839-006-0135. (4) Compliance with the duty to mitigate damages by seeking employment with another employer will not extinguish an injured worker's reinstatement rights, except when the injured worker acquires and commences suitable employment with another employer after becoming medically stationary. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.040, 659A.043 & 659A.046 History: BLI 43-2007, f. 12-31-07, cert. ef. 1-1-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00 BL 3-1991, f. 2-12-91, cert. ef. 2-15-91 BL 13-1990(Temp), f. & cert. ef. 9-4-90 BL 1-1983, f. & ef. 1-26-83
839-006-0202 Disability and Employment Rights: Determining Disability under ORS 659A.103 to 659A.142 The determination of whether an individual has a disability shall be construed in favor of broad coverage of individuals under ORS 659A.103 to 659A.142, to the maximum extent permitted by the terms of 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
839-006-0212 Disability and Employment Rights: Determining Whether an Impairment Substantially Limits a Major Life Activity (1) When determining whether an impairment substantially limits a major life activity of an individual, the determination shall be made without regard to the ameliorative effects of mitigating measures, including: (a) Medication; (b) Medical supplies, equipment or appliances; (c) Low vision devices or other devices that magnify, enhance or otherwise augment a visual image, except that ordinary eyeglasses or contact lenses or other similar lenses that are intended to fully correct visual acuity or eliminate refractive error may be considered when determining whether an impairment substantially limits a major life activity of an individual; (d) Prosthetics, including limbs and devices; (e) Hearing aids, cochlear implants or other implantable hearing devices; (f) Mobility devices; (g) Oxygen therapy equipment or supplies; (h) Assistive technology; (i) Reasonable accommodations or auxiliary aids or services; or (j) Learned behavioral or adaptive neurological modifications. (2) The non-ameliorative effects of mitigating measures, such as negative side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual’s impairment substantially limits a major life activity. (3) The determination of whether a person is substantially limited in a major life activity shall be made on a case-by-case basis. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 - 659A.142 History: BLI 15-2013, f. & cert. ef 12-30-13 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