reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0146 - Injured Temporary Workers and Employer Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
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 ORS 659A.046. If the employment
			 season ends prior to a seasonal worker's release to the former position under
			 ORS 659A.043, or to an available,
			 suitable position under ORS
			 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0150 - Retention and Loss of Reinstatement and Reemployment Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0200 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0202 - Determining Disability under ORS 659A.103 to 659A.142

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103 -
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Disability"
			 means:
(a) A physical or mental impairment
			 that substantially limits one or more major life activities of the individual.
(b) A record of having a physical
			 or mental impairment that substantially limits one or more major life
			 activities of the individual. 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) A physical or mental impairment that the
			 individual is regarded as having.
(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
			 659A.139 because of an actual or
			 perceived physical or mental impairment, whether or not the impairment limits
			 or is perceived to limit a major life activity of the individual.
(B) An individual is not regarded as having a
			 physical or mental impairment if the individual has an impairment that is minor
			 and that has an actual or expected duration of six months or less.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0206 - Disability and Employment Rights: Reasonable Accommodation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Reasonable
			 Accommodation" means modifications or adjustments:
(a) To a job application process that enable
			 a qualified applicant with a disability to be considered for the
			 position;
(b) To the work
			 environment, or to the manner or circumstances under which a position is
			 customarily performed, that enable a qualified employee or applicant with a
			 disability to perform the position's essential functions; or
(c) That enable a qualified employee or
			 applicant with a disability to enjoy equal benefits and privileges of
			 employment as are enjoyed by similarly situated employees without a
			 disability.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0212 - Determining Whether an Impairment Substantially Limits a Major Life Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0240 - Temporary or Progressive Impairments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103 -
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0242 - Medical Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0244 - Direct Threat to Health or Safety, Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0250 - Customer or Co-Worker Preference

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103 -
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0255 - Effect of Law

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103 -
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0265 - Subterfuge

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103 -
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0270 - Purpose and Scope: State Government

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0275 - Definitions - Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103,
				  659A.104,
				  659A.106,
				  659A.109,
				  659A.139,
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0280 - Definitions - Discrimination by State Government on the Basis of Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 ORS 659A.142(5) and
			 these rules, "state government" has the meaning given to that term in ORS
			 174.111 and includes the
			 executive, judicial and legislative departments of state government. Consistent
			 with ORS 174.108(3), it
			 does not include the Oregon Health and Science University, the Oregon State
			 Bar, any intergovernmental entity formed by a public body with another state or
			 with a political subdivision of another state, or any intergovernmental entity
			 formed by a public body with an agency of the federal government.
(2) Pursuant to ORS
			 174.112, "executive department"
			 means all statewide elected officers other than judges, and all boards,
			 commissions, departments, divisions and other entities, without regard to the
			 designation given to those entities, that are within the executive department
			 of government as described in Article III, Section 1 of the Oregon
			 Constitution, and that are not in the judicial department, legislative
			 department, local governments or special government bodies. "Executive
			 department" includes:
(a) An entity created
			 by statute for the purpose of giving advice only to the executive department
			 and that does not have members who are officers or employees of the judicial
			 department or legislative department;
(b) An entity created by the executive
			 department for the purpose of giving advice to the executive department, if the
			 document creating the entity indicates that the entity is a public body; and
(c) Any entity created by the
			 executive department other than an entity described in paragraph (b) of this
			 subsection, unless the document creating the entity indicates that the entity
			 is not a governmental entity or the entity is not subject to any substantial
			 control by the executive department.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0290 - Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103-143,
				  659A.400
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0291 - Reasonable Modifications: State Government

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0292 - Definitions - Auxiliary Aids and Services: State Government

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0295 - Provision of Auxiliary Aids and Services: State Government

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0300 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0305 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0310 - Removal of Physical Barriers to Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0320 - Provision of Auxiliary Aids

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103 & ORS
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0330 - Removal of Barriers to Goods and Services

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  659A.103 &
				  659A.142
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0332 - Lift Systems for Transient Lodging

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A transient lodging provider shall ensure
			 that in transient lodging facilities of 175 or more rooms or suite of rooms
			 that at least one room or suite of rooms has a lift system or multiple lift
			 systems that enable an individual with a disability to access a bed, a toilet,
			 and a shower or bathtub in the room or suite of rooms occupied by the
			 individual with a disability.
(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
			 individual 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0335 - Direct Threat to Health or Safety: Places of Public Accommodation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding
			 other provisions of these rules, places of public accommodation may refuse to
			 permit an individual with a disability to participate in or benefit from the
			 goods, services, facilities, privileges, advantages and accommodations of the
			 public accommodation if the individual with a disability poses 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 a modification of policies, practices
			 or procedures, or by the provision of auxiliary aids or services.
(2) In determining whether an individual with
			 a disability poses a direct threat to the health or safety of others, places of
			 public accommodation must make an individualized assessment, based on
			 reasonable judgment that relies on the most current medical knowledge, or on
			 the best available objective evidence, to ascertain:
(a) The duration of risk;
(b) The nature and severity of potential
			 harm;
(c) The likelihood that
			 potential harm will occur;
(d) The
			 imminence of potential harm; and
(e) Whether reasonable modifications of
			 policies, practices or procedures will mitigate the risk.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0345 - Assistance Animals in Places of Public Accommodation or of Access to State Government

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Assistance animal" means a dog or other animal designated by administrative
			 rule that has been individually trained to do work or perform tasks for the
			 benefit of an individual.
(2)
			 "Assistance animal trainee" means an animal that is undergoing a course of
			 development and training to do work or perform tasks for the benefit of an
			 individual that directly relate to the disability of the individual.
(3) "Assistance animal trainer" means an
			 individual exercising care, custody and control over an assistance animal
			 trainee during a course of training designed to develop the trainee into an
			 assistance animal.
(4) A place of
			 public accommodation or of access to state government services, programs or
			 activities may not:
(a) Ask an individual
			 about the nature or extent of a disability that the individual has or may
			 have;
(b) Require an individual to
			 provide documentation proving that an animal is an assistance animal or an
			 assistance animal trainee; or
(c)
			 Notwithstanding any fee or admission charge imposed for pets, require that a
			 person with a disability or an assistance animal trainer pay a fee or admission
			 charge for an assistance animal or assistance animal trainee.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0350 - Lift Systems for Transient Lodging

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A transient lodging provider shall ensure
			 that in transient lodging facilities of 175 or more rooms or suite of rooms
			 that at least one room or suite of rooms has a lift system or multiple lift
			 systems that enable an individual with a disability to access a bed, a toilet,
			 and a shower or bathtub in the room or suite of rooms occupied by the
			 individual with a disability.
(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
			 individual 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0435 - Veterans'Preference in Public Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is the policy of the State of Oregon that a public employer grant a
			 preference in hiring and promotion to veterans and disabled veterans under the
			 provisions of ORS 408.230.
(2) The requirement to grant a preference in
			 hiring and promotion to veterans and disabled veterans under the provisions of
			 ORS 408.230 applies only to a public
			 employer's civil service positions.
(3) That a private employer may give
			 employment preference in the hiring or promotion of employees under OL Ch. 86,
			 Sec. 2 2014 does not preclude the filing of a complaint under ORS chapter
			 659A.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  408.230,
				  408.235, OL Ch. 86, Sec.2
				  2014
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0440 - Definitions: Veterans' Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Active duty" does not include attendance
			 at a school under military orders, except schooling incident to an active
			 enlistment or a regular tour of duty, or normal military training as a reserve
			 officer or member of an organized reserve or a National Guard unit.
(2) "Armed Forces" means the United States
			 Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve
			 components thereof. (Title 38 USC Part I Chapter 1 Section 101). Reserve
			 components mean:
(a) The Army
			 Reserve;
(b) The Navy
			 Reserve;
(c) The Marine Corps
			 Reserve;
(d) The Air force
			 Reserve;
(e) The Coast Guard
			 Reserve;
(f) The Army National
			 Guard of the United States; and
(g)
			 The Air National Guard of the United States.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0445 - Eligibility for Employment Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A veteran is eligible to use the
			 preference provided for in OAR
			 839-006-0450 and
			 839-006-0455 for a civil service
			 position for which application is made at any time after discharge or release
			 from service in the Armed Forces of the United States.
(2) Except as provided in (1) of this rule
			 there are no limitations to the number of times a person can claim the
			 preference.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  408.230,
				  408.235
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0450 - Applying the Employment Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public employer shall grant a
			 preference to a veteran or disabled veteran who applies for a vacant civil
			 service position or who seeks promotion to a civil service position with a
			 higher maximum salary rate and who:
(a)
			 Successfully completes an initial application screening or an application
			 examination for the position; or
(b) Successfully completes a civil service
			 test the employer administers to establish eligibility for the position;
			 and
(c) Meets the minimum
			 qualifications and any special qualifications for the position.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0455 - Employment Preference for Promotions

Current through Register Vol. 63, No. 7, July 1, 2024
A public employer will grant a preference to a person seeking
				promotion in the manner described at OAR
				839-006-0450.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  408.225,
				  408.230,
				  408.235
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0460 - Appointment to a Position

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 public employer will appoint an otherwise qualified veteran or disabled veteran
			 to a vacant civil service position if the results of a veteran's or disabled
			 veteran's application examination, when combined with the veteran's or disabled
			 veteran's preference, are equal to or higher than the results of an application
			 examination for an applicant who is not a veteran or disabled
			 veteran.
(2) Preferences of the
			 type described in OAR
			 839-006-0450 and
			 839-006-0455 are not a
			 requirement that a public employer appoint a veteran or disabled veteran to a
			 civil service position.
(3) A
			 public employer may base a decision not to appoint the veteran or disabled
			 veteran solely on the veteran's or disabled veteran's merits or qualifications
			 with respect to the vacant civil service position.
(4) If a public employer does not appoint a
			 veteran or disabled veteran to a vacant civil service position, upon written
			 request of the veteran or disabled veteran, the public employer, will provide
			 the public employer's reasons for the decision not to appoint the veteran or
			 disabled veteran to the position.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  408.230,
				  408.235
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0465 - Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public
			 employer may require an applicant to provide certification that the person is
			 an eligible veteran or disabled veteran under OAR
			 839-006-0440(5) and
			 (9).
(2) An applicant for a position with a public
			 employer claiming veteran's or disabled veteran's preference points may submit
			 as certification of eligibility under OAR
			 839-006-0440(5) and
			 (9) a copy of the Certificate of Release or
			 Discharge from Active Duty (a federal DD Form 214 or 215) with the application
			 for employment.
(3) Disabled
			 veterans may also submit a copy of their veteran's disability preference letter
			 from the U.S. Department of Veterans Affairs, unless the information is
			 included in the federal DD Form 214/215.
(4) If a person's record appears to show
			 service qualifying for the preference the public employer may provisionally
			 designate an applicant as an eligible veteran or disabled veteran. However,
			 before the person can be appointed, the person must submit proof of the
			 entitlement to the preference.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  408.225,
				  408.230,
				  408.235
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0470 - Enforcement: Veterans' Preference

Current through Register Vol. 63, No. 7, July 1, 2024
The Civil Rights Division of the Bureau of Labor and Industries
				enforces the provisions of ORS
				408.230. A person claiming a
				violation of ORS 408.230 may file a verified
				written complaint with the Civil Rights Division in accordance with ORS
				659A.820.
Stat. Auth.: ORS
				  659A.805
Stats. Implemented: ORS
				  408.230,
				  408.235,
				  659A.820