839-006-0200 Disability and Employment Rights: Purpose and Scope (1) It is the policy of the State of Oregon to guarantee individuals with disabilities the fullest possible participation in the social and economic life of the state, including employment. The people of Oregon have the right to employment without discrimination on the basis of disability. (2) It is an unlawful employment practice for any employer to refuse to hire or promote, to bar or discharge from employment or to discriminate in compensation, terms, conditions or privileges of employment because a qualified individual has a disability. (3) Prohibited discrimination includes, but is not limited to: (a) Limiting, segregating or classifying applicants or employees with disabilities in a way that adversely affects opportunities or status; (b) Participating in a contractual or other arrangement with the effect of discriminating against applicants or employees with disabilities, including but not limited to, relationships with employment or referral agencies, labor unions, organizations providing fringe benefits, or training and apprenticeship programs; (c) Using standards, criteria or methods of administration that have the effect of discrimination against applicants or employees with disabilities; (d) Excluding or denying equal employment or benefits to a qualified individual because the individual is known to have an association with an individual with a disability; (e) Failing to make reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the business of the employer; (f) Using qualification standards, tests or other criteria, including those based on an individual’s uncorrected vision or unaided hearing, that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criterion, as used by the employer, is job related for the position in question and is consistent with business necessity; (g) Failing to select and administer tests in a way that accurately reflects the skills and aptitude of applicants or employees with disabilities that impair sensory, manual or speaking skills. An employer may, however, administer tests measuring sensory, manual and speaking skills of applicants and employees. (4) It is an unlawful employment practice for an employment agency to: (a) Fail or refuse to refer for employment, or otherwise discriminate against an individual because that individual has a disability; or (b) Classify or refer an individual for employment because that individual has a disability. (5) It is an unlawful employment practice for a labor organization to exclude or to expel from its membership, or to discriminate in any way against an individual because that individual has a disability. (6) It is an unlawful employment practice for any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any individual because the individual has opposed any practices forbidden by ORS 659A.103 to 659A.142. (7) It is an unlawful employment practice for any person, whether an employer or an employee, to aid, abet, incite, compel or coerce an individual to do any of the acts forbidden by ORS 659A.103 to 659A.142 or to attempt to do so. (8) The Civil Rights Division of the Bureau of Labor and Industries has the authority to protect the rights of employees and applicants with disabilities through the enforcement of ORS 659A.103 to 659A.142. OAR 839-006-0200 to 839-006-0265 interpret these statutes and apply to all complaints and inquiries relating to these statutes received on or after the effective date of these rules. (9) An individual claiming a violation of ORS 659A.103 to 659A.142 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.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 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