justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.063. State to continue group health benefits for injured worker and covered dependents; when ended. (1) The State of Oregon shall cause group health benefits to continue in effect with respect to that worker and any covered dependents or family members by timely payment of the premium that includes the contribution due from the state under the applicable benefit plan, subject to any premium contribution due from the worker that the worker paid before the occurrence of the injury or illness. If the premium increases or decreases, the State of Oregon and worker contributions shall be adjusted to remain consistent with similarly situated active employees. The State of Oregon shall continue the workers health benefits in effect until whichever of the following events occurs first: (a) The workers attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 has determined the worker to be medically stationary and a notice of closure has been entered; (b) The worker returns to work for the State of Oregon, after a period of continued coverage under this section, and satisfies any probationary or minimum work requirement to be eligible for group health benefits; (c) The worker takes full- or part-time employment with another employer that is comparable in terms of the number of hours per week the worker was employed with the State of Oregon or the worker retires; (d) Twelve months have elapsed since the date the State of Oregon received notice that the worker filed a workers compensation claim pursuant to ORS chapter 656; (e) The claim is denied and the claimant fails to appeal within the time provided by ORS 656.319 or the Workers Compensation Board or a workers compensation hearings referee or a court issues an order finding the claim is not compensable; (f) The worker does not pay the required premium or portion thereof in a timely manner in accordance with the terms and conditions under this section; (g) The worker elects to discontinue coverage under this section and notifies the State of Oregon in writing of this election; (h) The workers attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 has released the worker to modified or regular work, the work has been offered to the worker and the worker refuses to return to work; or (i) The worker has been terminated from employment for reasons unrelated to the workers compensation claim. (2) If the workers compensation claim of a worker for whom health benefits are provided pursuant to subsection (1) of this section is denied and the worker does not appeal or the worker appeals and does not prevail, the State of Oregon may recover from the worker the amount of the premiums plus interest at the rate authorized by ORS 82.010. The State of Oregon may recover the payments through a payroll deduction not to exceed 10 percent of gross pay for each pay period. (3) The State of Oregon shall notify the worker of the provisions of ORS 659A.060 to 659A.069, and of the remedies available for breaches of ORS 659A.060 to
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.066. Worker may continue benefits after employers obligation ends. If the State of Oregons obligation to continue paying premiums for health benefits under ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.069. that the worker will be absent from work as a result of an injury or illness for which a workers compensation claim has been filed pursuant to ORS chapter 656. The notice from the State of Oregon shall include the terms and conditions of the continuation of health benefits and what events will terminate the coverage. (4) If the worker fails to make timely payment of any premium contribution owing, the State of Oregon shall notify the worker of impending cancellation of the health benefits and provide the worker with 30 days to pay the required premium prior to canceling the policy. (5) It is an unlawful employment practice for the State of Oregon to discriminate against a worker, as defined in ORS 659A.060, by terminating the workers group health benefits while that worker is absent from the place of employment as a result of an injury or illness for which a workers compensation claim has been filed pursuant to ORS chapter 656, except as provided for in this section.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.082. Discrimination against person for service in uniformed service prohibited. (1) As used in this section: (a) Service means the performance of duty on a voluntary or involuntary basis in a uniformed service that may involve active duty, active duty for training, initial active duty for training, inactive duty for training, full-time duty in the National Guard, funeral honors duty or an examination to determine fitness for service in a uniformed service. (b) Uniformed service means the Armed Forces of the United States, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training or full-time National Guard duty, the commissioned corps of the United States Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency. (2) It is an unlawful employment practice for an employer to discriminate against a person because of the persons service in a uniformed service by: (a) If the employer is a public body, denying a public officer or public employee the status or rights provided by ORS 408.240 to 408.280 and 408.290. (b) Denying any of the following because a person is a member of, applies to be a member of, performs, has performed, applies to perform or has an obligation to perform service in a uniformed service: (A) Initial employment; (B) Reemployment following a leave from employment taken by reason of service in a uniformed service; (C) Retention in employment; (D) Promotion; or (E) Any other term, condition or privilege of employment, including but not limited to compensation. (c) Discharging, expelling, disciplining, threatening or otherwise retaliating against the person for exercising or attempting to exercise the status or rights provided by this section. (3) An employer does not commit an unlawful employment practice under subsection (2)(b) of this section if the employer acted based on a bona fide occupational requirement reasonably necessary to the normal operation of the employers business and the employers actions could not be avoided by making a reasonable accommodation of the persons service in a uniformed service. (4) Subsection (2)(b) and (c) of this section shall be construed to the extent possible in a manner that is consistent with similar provisions of the federal Uniformed Services Employment and Reemployment Rights Act of 1994, including the five-year limit on eligibility for reemployment under 38 U.S.C. 4312. (5) In addition to any exception under federal law, the cumulative period of time for which an employee is absent from a position of employment with an employer for purposes of any of the following types of service in the uniformed service shall be excluded from the calculation of any durational limit on the eligibility for reemployment rights: (a) Voluntary service overseas; and (b) Voluntary service within the United States during or in response to an emergency or disaster declared by local, state or federal government. [2009 c.378 2; 2011 c.18 1; 2021 c.62 2] (Leave of Absence for State Service)
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.088. Violation of ORS 659A.086 as unlawful employment practice; complaint; remedies and penalties. (1) Any violation of ORS 659A.086 (1) to (3) by an employer is an unlawful employment practice. (2) Complaints alleging a violation of ORS 659A.086 (1) to (3) may be filed by employees with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. The commissioner shall enforce ORS 659A.086 in the manner provided in ORS chapter 659A regarding other unlawful employment practices. (3) Violation of ORS 659A.086 (1) to (3) subjects the violator to the same civil remedies and penalties as provided in ORS chapter 659A. [Formerly 399.235] Note: See note under
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.089. Notification to Director of Veterans Affairs. (1) As used in this section, uniformed service means the Armed Forces of the United States, the Army National Guard or the Air National Guard when the member is engaged in active duty for training, inactive duty for training or full-time National Guard duty, the commissioned corps of the United States Public Health Service and any other category of persons designated by the President of the United States in time of war or national emergency. (2) Subject to subsection (3) of this section, the Commissioner of the Bureau of Labor and Industries shall notify the Director of Veterans Affairs within 30 days of receipt of written information from, or the filing of a complaint for violation of ORS 659A.082 or 659A.086 by, a member or veteran of a uniformed service. (3) The commissioner shall notify the director as required by subsection (2) of this section only if authorized to do so by the member or veteran of a uniformed service who submitted the written information or filed the complaint. [2012 c.44 1] Note: See note under
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.090. Definitions for ORS 659A.090 to 659A.099. As used in ORS 659A.090 to
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.093. Employer required to provide leave; job protection; benefits; notice to employer; use of accrued leave; rules. (1) During a period of military conflict, an employee who is a spouse of a member of the Armed Forces of the United States, the National Guard or the military reserve forces of the United States who has been notified of an impending call or order to active duty or who has been deployed is entitled to a total of 14 days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment and when the military spouse is on leave from deployment. (2) An employee who takes leave authorized under this section is entitled to be restored to a position of employment and to the continuation of benefits as provided in ORS 659A.171. (3) An employee who intends to take leave as authorized under this section must provide the employer with notice of the intention to take leave within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment. (4) An employee who takes leave authorized under this section may elect to substitute any accrued leave to which the employee is entitled for any part of the leave provided under this section. (5) Leave taken under this section shall be included in the total amount of leave authorized under ORS 659A.162. (6) The Bureau of Labor and Industries may adopt rules necessary for the implementation and administration of ORS 659A.090 to 659A.099.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.096. Denial of leave, retaliation and discrimination prohibited. It is an unlawful practice for an employer to: (1) Deny military family leave to an employee who is entitled to such leave under ORS 659A.090 to 659A.099; or (2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of ORS 659A.090 to 659A.099, submitted a request for military family leave or invoked any provision of ORS 659A.090 to
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.099. (1) Notwithstanding ORS 659A.001, employee means an individual who performs services for compensation for an employer for an average of at least 20 hours per week. Employee includes all individuals employed at any site owned or operated by an employer, but does not include independent contractors. (2) Notwithstanding ORS 659A.001, employer means: (a) A person, firm, corporation, partnership, legal representative or other business entity that engages in any business, industry, profession or activity in this state and that employs 25 or more persons in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which leave is taken under ORS 659A.093 or the year immediately preceding the year in which the leave is to be taken; (b) The state, and a department, agency, board or commission of the state; and (c) A local government, including, but not limited to, a county, city, town, municipal corporation, independent public corporation or political subdivision of the state. (3) Period of military conflict means a period of war: (a) Declared by the United States Congress; (b) Declared by executive order of the President of the United States; or (c) In which a reserve component of the Armed Forces of the United States is ordered to active duty pursuant to Title 32 of the United States Code or section 12301 or 12302 of Title 10 of the United States Code.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.100. [Formerly 659.400; 2003 c.254 1; 2007 c.70 289; 2009 c.508 3; renumbered 659A.122 in 2009] UNLAWFUL DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.103. Policy. (1) It is declared to be the public policy of Oregon to guarantee individuals the fullest possible participation in the social and economic life of the state, to engage in remunerative employment, to use and enjoy places of public accommodation, resort or amusement, to participate in and receive the benefits of the services, programs and activities of state government and to secure housing accommodations of their choice, without discrimination on the basis of disability. (2) The guarantees expressed in subsection (1) of this section are hereby declared to be the policy of the State of Oregon to protect, and ORS 659A.103 to
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.104. Description of disability for purposes of ORS 659A.103 to 659A.145. (1) An individual has a disability for the purposes of ORS 659A.103 to 659A.145 if the individual meets any one of the following criteria: (a) The individual has a physical or mental impairment that substantially limits one or more major life activities of the individual. (b) The individual has a record of having a physical or mental impairment that substantially limits one or more major life activities of the individual. For the purposes of this paragraph, an individual has a record of having a physical or mental impairment if the individual has a history of, or has been misclassified as having, a physical or mental impairment that substantially limits one or more major life activities of the individual. (c) The individual is regarded as having a physical or mental impairment that substantially limits one or more major life activities of the individual. For the purposes of this paragraph: (A) An individual is regarded as having a physical or mental impairment if the individual has been subjected to an action prohibited under ORS 659A.112 to
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.106. Employers to whom ORS 659A.112 to 659A.139 apply. The requirements of ORS 659A.112 to 659A.139 apply only to employers who employ six or more persons. The requirements of ORS 659A.112 to 659A.139 do not apply to the Oregon National Guard.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.109. against individual for using procedures in ORS 659A.103 to 659A.145 prohibited
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.115. Qualification for position. For the purposes of ORS 659A.112, an individual is qualified for a position if the individual, with or without reasonable accommodation, can perform the essential functions of the position. For the purpose of determining the essential functions of the position, due consideration shall be given to the employers determination as to the essential functions of a position. If an employer has prepared a written description before advertising or interviewing applicants for a job, the position description shall be considered evidence of the essential functions of the job.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.118. Reasonable accommodation. (1) For the purposes of ORS 659A.112, reasonable accommodation may include: (a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities. (b) Job restructuring, part-time or modified work schedules or reassignment to a vacant position. (c) Acquisition or modification of equipment or devices. (d) Appropriate adjustment or modification of examinations, training materials or policies. (e) The provision of qualified readers or interpreters. (2) An employer is not required to provide a reasonable accommodation to an individual who satisfies the criteria for being an individual with a disability for the purposes of ORS 659A.103 to 659A.145 solely because the individual meets the criterion described in ORS 659A.104 (1)(c).
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.121. Undue hardship. (1) For the purposes of ORS 659A.112, an accommodation imposes an undue hardship on the operation of the business of the employer if the accommodation requires significant difficulty or expense. (2) For the purpose of determining whether an accommodation requires significant difficulty or expense, the following factors shall be considered: (a) The nature and the cost of the accommodation needed. (b) The overall financial resources of the facility or facilities involved in the provision of the accommodation, the number of persons employed at the facility and the effect on expenses and resources or other impacts on the operation of the facility caused by the accommodation. (c) The overall financial resources of the employer, the overall size of the business of the employer with respect to the number of its employees and the number, type and location of the employers facilities. (d) The type of operations conducted by the employer, including the composition, structure and functions of the workforce of the employer and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the employer. [Formerly 659.440]
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.122. Definitions for ORS 659A.124, 659A.127 and 659A.130. As used in this section and ORS 659A.124, 659A.127 and 659A.130: (1) Drug means a controlled substance, as classified in schedules I through V of section 202 of the federal Controlled Substances Act, as amended, and as modified under ORS 475.035. (2) Illegal use of drugs means any use of drugs, the possession or distribution of which is unlawful under state law or under the federal Controlled Substances Act, as amended, but does not include the use of a drug taken under supervision of a licensed health care professional, or other uses authorized under the Controlled Substances Act or under other provisions of state or federal law. [Formerly
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.124. Illegal use of drugs. (1) Subject to the provisions of subsection (2) of this section, the protections of ORS 659A.112 do not apply to any job applicant or employee who is currently engaging in the illegal use of drugs if the employer takes action based on that conduct. (2) The protections of ORS 659A.112 apply to the following individuals: (a) An individual who has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs. (b) An individual who is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs. (c) An individual who is erroneously regarded as engaging in the illegal use of drugs. (3) An employer may adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subsection (2)(a) or (b) of this section is no longer engaging in the illegal use of drugs.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.127. Permitted employer action. ORS 659A.112 to 659A.139 do not affect the ability of an employer to do any of the following: (1) An employer may prohibit the transfer, offering, sale, purchase or illegal use of drugs at the workplace by any employee. An employer may prohibit possession of drugs except for drugs prescribed by a licensed health care professional. (2) An employer may prohibit the use of alcohol at the workplace by any employee. (3) An employer may require that employees not be under the influence of alcohol or illegally used drugs at the workplace. (4) An employer may require that employees behave in conformance with the requirements established under the federal Drug-Free Workplace Act of 1988. (5) An employer may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment, job performance and behavior to which the employer holds other employees, even if the unsatisfactory performance or behavior is related to the alcoholism of or the illegal use of drugs by the employee. (6) An employer may require that employees comply with all federal and state statutes and regulations regarding alcohol and the illegal use of drugs. [Formerly 659.444]
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.130. Conditions that do not constitute impairment. For the purposes of ORS 659A.112 to 659A.139, the following conditions are not physical or mental impairments, and an individual with one or more of the following conditions does not have a disability for the purposes of ORS 659A.112 to 659A.139 solely by reason of that condition: (1) Pedophilia, exhibitionism, voyeurism or other sexual behavior disorders. (2) Compulsive gambling, kleptomania or pyromania. (3) Psychoactive substance use disorders resulting from current illegal use of drugs.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.133. Medical examinations and inquiries of job applicants. (1) Except as provided in this section, an employer violates ORS 659A.112 if the employer conducts a medical examination of a job applicant, makes inquiries of a job applicant as to whether the applicant has a disability or makes inquiries as to the nature or severity of any disability of the applicant. (2) An employer may make inquiries into the ability of a job applicant to perform job-related functions. (3) An employer may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant, and condition the employment on the results of the examination, if the following conditions are met: (a) All individuals entering the employ of the employer must be subject to the examination regardless of disability. (b) Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except as follows: (A) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. (B) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment. (C) Officers and employees of the Bureau of Labor and Industries investigating compliance with ORS 659A.112 to 659A.139 shall be provided relevant information on request. (c) The results of an examination authorized under this subsection may only be used in the manner provided for in ORS 659A.112 to 659A.139.