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

ORS 659a.136. Medical examinations and inquiries of employees. (1) Except as provided in this section, an employer may not require that an employee submit to a medical examination, may not make inquiries of an employee as to whether the employee has a disability, and may not make inquiries of an employee as to the nature or severity of any disability of the employee, unless the examination or inquiry is shown to be job-related and consistent with business necessity. (2) An employer may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. An employer may make inquiries into the ability of an employee to perform job-related functions. (3) Information obtained under subsection (2) of this section relating to the medical condition or history of any employee is subject to the same restrictions applicable to information acquired from medical examinations authorized under ORS 659A.133.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.141. Damages recoverable for harm or theft of assistance animal. (1) In addition to and not in lieu of any other penalty provided by state law, a person with a disability who uses an assistance animal or the owner of an assistance animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the assistance animal. The person with a disability or the owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks an assistance animal. The action authorized by this subsection may be brought by the person with a disability or the owner even if the assistance animal was in the custody or under the supervision of another person when the theft or attack occurred. (2) If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in the death of the animal or the animal is not returned or if injuries sustained in the theft or attack prevent the animal from returning to service as an assistance animal, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal. In addition, the person with a disability or the owner may recover any other costs and expenses, including, but not limited to, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, incurred as a result of the theft of or injury to the animal. (3) If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in injuries from which the animal recovers and returns to service, or if the animal is stolen but is recovered and returns to service, the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and any other costs and expenses incurred by the person with a disability or the owner as a result of the theft of or injury to the animal. (4) A cause of action does not arise under this section if the person with a disability, the owner or the person having custody or supervision of the assistance animal was committing a criminal or civil trespass at the time of the theft of or attack on the assistance animal. (5) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court. (6) As used in this section, assistance animal has the meaning given that term in ORS 659A.143. [Formerly 346.687] Note:
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.144. Required accommodations in transient lodging; liability; limitations on applicability. (1) As used in this section: (a) Lift system means a system that: (A) Is used to transfer a person to a bed, toilet, shower or bathtub, but does not provide the person with independent mobility; (B) May be a manual lift, an electronic lift or a lift that uses a track system; and (C) May require operation by an assistant. (b) Transient lodging means a unit consisting of a room or suite of rooms that: (A) Is not occupied as a principal residence; (B) Is typically occupied for periods of fewer than 30 consecutive days; and (C) Includes services that are part of the regularly charged cost of occupancy, including maid and linen services. (2) A transient lodging provider shall ensure that at least one room or suite of rooms of the transient lodging facility has a lift system or multiple lift systems that enable a person with a disability to access the following in the room or suite of rooms occupied by the person with a disability: (a) A bed; (b) A toilet; and (c) A shower or bathtub. (3) A lift system shall be made available by a transient lodging provider at no cost to a person with a disability, but the person is responsible for providing: (a) The persons own sling or other personal equipment that is required to use the lift system; and (b) Any assistant necessary for the operation of the lift system. (4) A transient lodging provider is not liable for any injury caused by the use of a lift system, unless the injury is caused by the gross negligence or recklessness of the provider in relation to the provision and maintenance of the lift system. (5)(a) The requirements of this section apply only to transient lodging facilities that: (A) Consist of 175 or more rooms or suites of rooms; and (B) Are newly constructed or that are altered in a manner that affects or could affect the usability of the facility in a manner that requires the facility to be in compliance with the accessibility standards established by the Americans with Disabilities Act of 1990. (b) For the purpose of this subsection, the usability of a facility is not affected by cosmetic changes, including, but not limited to, changes in: (A) Floor coverings; (B) Wall coverings; (C) Soft or hard surfaces, including upholstery, drapery, window treatments, countertops, vanities and cabinetry; and (D) Furnishings, including furniture or fixtures. (6) Any violation of this section is an unlawful practice.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.146. Reasonable accommodation. For purposes of ORS 659A.147, reasonable accommodation may include, but need not be limited to: (1) Acquisition or modification of equipment or devices; (2) More frequent or longer break periods or periodic rest; (3) Assistance with manual labor; or (4) Modification of work schedules or job assignments.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.148. Employers to whom provisions relating to reasonable accommodation apply. The requirements of ORS 659A.147 apply only to employers who employ six or more persons. [2019 c.139 4] FAMILY LEAVE
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.150. following purposes: (a) To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability. (b) To care for a family member with a serious health condition. (c) To recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employees regular position. (d) To care for a child of the employee who is suffering from an illness, injury or condition that is not a serious health condition but that requires home care or who requires home care due to the closure of the childs school or child care provider as a result of a public health emergency. (e) To deal with the death of a family member by: (A) Attending the funeral or alternative to a funeral of the family member; (B) Making arrangements necessitated by the death of the family member; or (C) Grieving the death of the family member. (2)(a) Leave under subsection (1)(a) of this section must be completed within 12 months after birth or placement of the child, and an eligible employee is not entitled to any period of family leave under subsection (1)(a) of this section after the expiration of 12 months after birth or placement of the child. (b) Leave under subsection (1)(e) of this section must be completed within 60 days of the date on which the eligible employee receives notice of the death of a family member.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.153. Covered employers. (1) The requirements of ORS 659A.150 to 659A.186 apply only to employers who employ 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 the leave is to be taken or in the year immediately preceding the year in which the leave is to be taken. (2) The requirements of ORS 659A.150 to 659A.186 do not apply to any employer who offers to an eligible employee a nondiscriminatory cafeteria plan, as defined by section 125 of the Internal Revenue Code of 1986, providing, as one of its options, employee leave at least as generous as the leave required by ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.156. Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked. (1) All employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.159 (1)(b) to (e) except: (a) An employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence. (b) An employee who worked an average of fewer than 25 hours per week for the covered employer during the 180 days immediately preceding the date on which the family leave would commence. (2) All employees of a covered employer are eligible to take leave for the purpose specified in ORS 659A.159 (1)(a) except an employee who was employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would commence. (3) Notwithstanding subsections (1) and (2) of this section, all employees of a covered employer are eligible to take leave for one of the purposes specified in ORS 659A.159 (1)(a) to (e) during a period of time covered by a public health emergency except: (a) An employee who worked for the covered employer for fewer than 30 days immediately before the date on which the family leave would commence; or (b) An employee who worked for the covered employer for an average of fewer than 25 hours per week in the 30 days immediately before the date on which the family leave would commence. (4)(a) Notwithstanding subsections (1) and (2) of this section, an employee of a covered employer is eligible to take leave for one of the purposes specified in ORS 659A.159 (1)(a) to (e) if the employee: (A)(i) Separates from employment with the covered employer, irrespective of any reason; (ii) Is eligible to take leave under subsection (1) or (2) of this section at the time the employee separates; and (iii) Is reemployed by the covered employer within 180 days of separation from employment; or (B)(i) Is eligible to take leave under subsection (1) or (2) of this section at the beginning of a temporary cessation of scheduled hours of 180 days or less; and (ii) Returns to work at the end of the temporary cessation of scheduled hours of 180 days or less. (b) Any family leave taken by the employee within any one-year period continues to count against the length of time of family leave the employee is entitled under ORS 659A.162. (c) The amount of time that an employee is deemed to have worked for a covered employer prior to a break in service due to a separation from employment or a temporary cessation of scheduled hours shall be restored to the employee when the employee is reemployed by the employer within 180 days of separation from employment or when the employee returns to work at the end of the temporary cessation of scheduled hours of 180 days or less.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.157. Determining family member by reason of affinity. In order to determine whether an individual qualifies as a family member by reason of affinity, as that term is used in ORS 659A.150, consideration shall be given to whether there exists a significant personal bond attributable to factors, established by the Commissioner of the Bureau of Labor and Industries by rule, that, when examined in total, resemble a family relationship. [2023 c.203 4] Note: Sections 1 and 5, chapter 203, Oregon Laws 2023, provide: Sec. 1. Sections 2 [659A.164], 4 [659A.157] and 5 [chapter 203, Oregon Laws 2023] are added to and made a part of ORS 659A.150 to 659A.186. [2023 c.203 1] Sec. 5. (1) The Commissioner of the Bureau of Labor and Industries shall adopt rules necessary to implement and administer section 4 of this 2023 Act [659A.157]. The rules may include rules for developing and using an attestation form by which an employee may attest to the affinity factors described in section 4 of this 2023 Act. Any rules adopted under this section relating to the factors described in section 4 of this 2023 Act shall be consistent with the rules established by the Employment Department under section 10 of this 2023 Act [657B.023]. (2) The Commissioner of the Bureau of Labor and Industries shall adopt rules under this section in time for the rules to become operative no later than September 3, 2023.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.159. approval of the employer. (6) Leave need not be provided to an eligible employee by a covered employer for the purpose specified in ORS 659A.159 (1)(d) if another family member is available to care for the child. (7) A covered employer may not reduce the amount of family leave available to an eligible employee under this section by any period the employee is unable to work because of a disabling compensable injury. (8)(a) The Commissioner of the Bureau of Labor and Industries shall adopt rules governing when family leave for a serious health condition of an eligible employee or a family member of the eligible employee may be taken intermittently or by working a reduced workweek. Rules adopted by the commissioner under this paragraph shall allow taking of family leave on an intermittent basis or by use of a reduced workweek to the extent permitted by federal law and to the extent that taking family leave on an intermittent basis or by use of a reduced workweek does not result in the loss of an eligible employees exempt status under the federal Fair Labor Standards Act. (b) The commissioner shall adopt rules governing when family leave for the purposes described in ORS 659A.159 (1)(e) may be taken to the extent permitted by federal law and to the extent that taking family leave on an intermittent basis does not result in the loss of an eligible employees exempt status under the federal Fair Labor Standards Act.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.162. Length of leave; conditions; rules. (1) Except as specifically provided by ORS 657B.020 and 659A.150 to 659A.186, an eligible employee is entitled to up to a total of 12 weeks of family leave within any one-year period. (2)(a) Except as provided by paragraph (b) of this subsection, an eligible employee is entitled to a total of two weeks of family leave for the purposes described in ORS 659A.159 (1)(e). (b) An eligible employee is entitled to the period of leave described in paragraph (a) of this subsection upon the death of each family member of the employee within any one-year period, except that leave taken as provided by this subsection may not exceed the total period of family leave authorized by subsection (1) of this section. (c) A covered employer may not require an eligible employee to take multiple periods of leave described in ORS 659A.159 (1)(e) concurrently if more than one family member of the employee dies during the one-year period. (d) All leave taken for the purposes described in ORS 659A.159 (1)(e) shall be counted toward the total period of family leave authorized by subsection (1) of this section. (3)(a) In addition to the 12 weeks of family leave authorized by subsection (1) of this section, an eligible employee may take a total of 12 weeks of leave within any one-year period for an illness, injury or condition related to the eligible employees own pregnancy or childbirth that disables the eligible employee from performing any available job duties offered by the covered employer. (b) An eligible employee who takes 12 weeks of family leave within a one-year period for the purpose specified in ORS 659A.159 (1)(a) may take up to an additional 12 weeks of leave within the one-year period for the purpose specified in ORS 659A.159 (1)(d). (4) When two or more family members work for the same covered employer, the eligible employees may not take concurrent family leave unless: (a) One employee needs to care for another employee who is a family member and who is suffering from a serious health condition; (b) One employee needs to care for a child who has a serious health condition while another employee who is a family member is also suffering from a serious health condition; or (c) The employees are taking leave described in ORS 659A.159 (1)(e). (5) An eligible employee may take family leave for the purpose specified in ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.164. (1) For purposes of determining the amount of family leave that an eligible employee is entitled to take within a given one-year period, one-year period means: (a) A period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave commences; or (b) A consecutive 12-month period, such as a calendar year commencing on January 1 and ending on December 31 following, a fiscal year, the 12-month period that ends on the date that the employee uses any family leave or the 12-month period that begins on the date on which an employee commences a period of family leave. (2) The Commissioner of the Bureau of Labor and Industries may adopt any rules necessary to implement and administer this section.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.165. Notice to employer. (1) Except as provided in subsection (2) of this section, a covered employer may require an eligible employee to give the employer written notice at least 30 days before commencing family leave. The employer may require the employee to include an explanation of the need for the leave in the notice. (2) An eligible employee may commence taking family leave without prior notice under the following circumstances: (a) An unexpected serious health condition of an employee or family member of an employee; (b) An unexpected illness, injury or condition of a child of the employee that requires home care; (c) A premature birth, unexpected adoption or unexpected foster placement; or (d) The death of a family member. (3) If an employee commences leave without prior notice under subsection (2) of this section, the employee must give oral notice to the employer within 24 hours of the commencement of the leave, and must provide the written notice required by subsection (1) of this section within three days after the employee returns to work. The oral notice required by this subsection may be given by any other person on behalf of the employee taking the leave. (4) Except as provided in this subsection, if the employee fails to give notice as required by subsections (1) and (3) of this section, the employer may reduce the total period of family leave authorized by ORS 659A.162 by three weeks, and the employee may be subject to disciplinary action under a uniformly applied policy or practice of the employer. A reduction of family leave under this subsection may not limit leave described in ORS 659A.159 (1)(e).
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.174. Use of paid leave. (1) Except as provided in subsection (2) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, family leave is not required to be granted with pay. (2) An employee taking family leave is entitled to use any paid accrued sick leave or any paid accrued vacation leave during the period of family leave, or to use any other paid leave that is offered by the employer in lieu of vacation leave during the period of family leave. (3) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement, the employer may determine the particular order in which accrued leave is to be used in circumstances in which more than one type of accrued leave is available to the employee.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.177. Special rules for teachers. (1) Notwithstanding any other provision of ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.180. Postings by employer. A covered employer shall post a notice of the requirements of ORS 659A.150 to
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.183. Denying family leave to eligible employee prohibited; retaliation prohibited. It is an unlawful practice for a covered employer to: (1) Deny family leave to which an eligible employee is entitled under ORS 659A.150 to 659A.186; 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.150 to 659A.186, submitted a request for family leave or invoked any provision of ORS 659A.150 to 659A.186.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.190. Definitions for ORS 659A.190 to 659A.198. As used in ORS 659A.190 to
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.192. Leave to attend criminal proceeding; undue hardship on employer; scheduling criminal proceeding. (1) As used in this section, undue hardship means a significant difficulty and expense to a business and includes consideration of the size of the covered employers business and the covered employers critical need for the employee. (2) Except as provided in subsection (3) of this section, a covered employer shall allow an eligible employee to take leave from employment to attend a criminal proceeding. (3) A covered employer may limit the amount of leave an eligible employee takes to attend a criminal proceeding if the employees leave creates an undue hardship to the covered employers business. (4) An eligible employee may notify the prosecuting attorney if taking leave to attend a criminal proceeding would cause undue hardship to the covered employer. The prosecuting attorney shall then notify the court or hearing body. The court or hearing body must take the schedule of the employee into consideration when scheduling a criminal proceeding.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.194. Denying leave to employee prohibited. A covered employer who denies leave to an eligible employee or who discharges, threatens to discharge, intimidates or coerces because the employee takes leave to attend a criminal proceeding commits an unlawful employment practice.