(a) "Reasonable safety accommodation" may include, but is not limited to, a transfer, reassignment, modified schedule, use of available paid leave from employment, unpaid leave from employment, changed work telephone number, changed work station, installed lock, implemented safety procedure or any other adjustment to a job structure, workplace facility or work requirement in response to actual or threatened domestic violence, harassment, sexual assault or stalking.
(b) "Victim of domestic violence" has the meaning given that term in ORS 659A.270.
(c) "Victim of harassment" has the meaning given that term in ORS 659A.270.
(d) "Victim of sexual assault" has the meaning given that term in ORS 659A.270.
(e) "Victim of stalking" has the meaning given that term in ORS 659A.270.
(2) It is an unlawful employment practice for an employer to:
(a) Refuse to hire an otherwise qualified individual because the individual is a victim of domestic violence, harassment, sexual assault or stalking.
(b) Discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an individual with regard to promotion, compensation or other terms, conditions or privileges of employment because the individual is a victim of domestic violence, harassment, sexual assault or stalking.
(c) Refuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, harassment, sexual assault or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer, as determined under ORS 659A.121.
(3)(a) Prior to making a reasonable safety accommodation, an employer may require an individual to provide certification that the individual is a victim of domestic violence, harassment, sexual assault or stalking.
(b) An individual must provide a certification required under paragraph (a) of this subsection within a reasonable time after receiving the employer’s request for certification.
(c) Any of the following constitutes sufficient certification:
(A) A copy of a police report indicating that the individual was or is a victim of domestic violence, harassment, sexual assault or stalking.
(B) A copy of a protective order or other evidence from a court, administrative agency or attorney that the individual appeared in or is preparing for a civil, criminal or administrative proceeding related to domestic violence, harassment, sexual assault or stalking.
(C) Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy or victim services provider that the individual was or is undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, harassment, sexual assault or stalking.
(d) All records and information kept by an employer regarding a reasonable safety accommodation made for an individual are confidential and may not be released without the express permission of the individual, unless otherwise required by law. [2009 c.478 §2; 2011 c.687 §4; 2013 c.613 §3]
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.