(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. [Formerly 659.447; 2007 c.70 §295; 2009 c.508 §11]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Section 659A.001 - Definitions.
Section 659A.003 - Purpose of ORS chapter 659A.
Section 659A.036 - Short title.
Section 659A.052 - Reemployment rights of injured state workers; rules.
Section 659A.060 - Definitions for ORS 659A.060 to 659A.069.
Section 659A.082 - Discrimination against person for service in uniformed service prohibited.
Section 659A.089 - Notification to Director of Veterans’ Affairs.
Section 659A.090 - Definitions for ORS 659A.090 to 659A.099.
Section 659A.096 - Denial of leave, retaliation and discrimination prohibited.
Section 659A.104 - Description of disability for purposes of ORS 659A.103 to 659A.145.
Section 659A.112 - Employment discrimination.
Section 659A.118 - Reasonable accommodation.
Section 659A.121 - Undue hardship.
Section 659A.122 - Definitions for ORS 659A.124, 659A.127 and 659A.130.
Section 659A.124 - Illegal use of drugs.
Section 659A.127 - Permitted employer action.
Section 659A.130 - Conditions that do not constitute impairment.
Section 659A.133 - Medical examinations and inquiries of job applicants.
Section 659A.136 - Medical examinations and inquiries of employees.
Section 659A.139 - Construction of ORS 659A.103 to 659A.145.
Section 659A.141 - Damages recoverable for harm or theft of assistance animal.
Section 659A.143 - Assistance animals.
Section 659A.146 - Reasonable accommodation.
Section 659A.150 - Definitions for ORS 659A.150 to 659A.186.
Section 659A.153 - Covered employers.
Section 659A.159 - Purposes for which family leave may be taken.
Section 659A.162 - Length of leave; conditions; rules.
Section 659A.165 - Notice to employer.
Section 659A.168 - Medical verification and scheduling of treatment; exceptions.
Section 659A.171 - Job protection; benefits.
Section 659A.174 - Use of paid leave.
Section 659A.177 - Special rules for teachers.
Section 659A.183 - Denying family leave to eligible employee prohibited; retaliation prohibited.
Section 659A.186 - Exclusivity of provisions; construction.
Section 659A.190 - Definitions for ORS 659A.190 to 659A.198.
Section 659A.196 - Notice to employer; records confidential.
Section 659A.198 - Use of paid leave.
Section 659A.199 - Prohibited conduct by employer.
Section 659A.200 - Definitions for ORS 659A.200 to 659A.224.
Section 659A.206 - Effects of ORS 659A.200 to 659A.224 on employees.
Section 659A.209 - Effect on public record disclosures.
Section 659A.210 - Affirmative defense.
Section 659A.218 - Disclosure of employee’s name without consent prohibited.
Section 659A.228 - Discrimination for reporting violation of election laws prohibited.
Section 659A.250 - Definitions for ORS 659A.250 to 659A.262.
Section 659A.270 - Definitions for ORS 659A.270 to 659A.285.
Section 659A.272 - Employer required to provide leave.
Section 659A.275 - Undue hardship.
Section 659A.280 - Notice to employer; records confidential.
Section 659A.283 - Paid leave for public employees.
Section 659A.285 - Use of paid leave.
Section 659A.290 - Prohibited conduct by employer; records confidential.
Section 659A.312 - Leave of absence to donate bone marrow; verification by employer.
Section 659A.315 - Restricting use of tobacco in nonworking hours prohibited; exceptions.
Section 659A.320 - Discrimination based on information in credit history prohibited; exceptions.
Section 659A.330 - Employee social media account privacy; exception.
Section 659A.347 - Discrimination related to possession of valid driver license.
Section 659A.355 - Discrimination based on wage inquiry or wage complaint; exception.
Section 659A.357 - Restricting salary history inquiries.
Section 659A.360 - Restricting criminal conviction inquiries; exceptions.
Section 659A.362 - Enforcement.
Section 659A.400 - Place of public accommodation defined.
Section 659A.403 - Discrimination in place of public accommodation prohibited.
Section 659A.411 - Definitions for ORS 659A.411 to 659A.415.
Section 659A.413 - Denial of access prohibited; exception.
Section 659A.415 - Liability for damages; physical changes not required.
Section 659A.417 - Violation of ORS 659A.413.
Section 659A.421 - Discrimination in selling, renting or leasing real property prohibited.
Section 659A.425 - Violation based on facially neutral housing policy.
Section 659A.550 - Discrimination because of employment status prohibited; penalties.
Section 659A.805 - Rules for carrying out ORS chapter 659A.
Section 659A.815 - Advisory agencies and intergroup-relations councils.
Section 659A.820 - Complaints.
Section 659A.830 - Authority of commissioner.
Section 659A.835 - Investigation; finding of substantial evidence.
Section 659A.840 - Settlement.
Section 659A.845 - Formal charges.
Section 659A.850 - Hearing; orders; fees.
Section 659A.855 - Civil penalty for certain complaints filed by commissioner.
Section 659A.860 - Settlement agreements and orders.
Section 659A.870 - Election of remedies.
Section 659A.875 - Time limitations.
Section 659A.880 - Ninety-day notice.
Section 659A.885 - Civil action.
Section 659A.890 - Civil action for violation of ORS 659A.865.