2021 Oregon Revised Statutes
Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement
Section 659A.315 - Restricting use of tobacco in nonworking hours prohibited; exceptions.


(2) Subsection (1) of this section does not apply if an applicable collective bargaining agreement prohibits off-duty use of tobacco products. [Formerly 659.380; 2005 c.199 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 16 - Trade Practices, Labor and Employment

Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement

Section 659A.001 - Definitions.

Section 659A.003 - Purpose of ORS chapter 659A.

Section 659A.006 - Declaration of policy against unlawful discrimination; opportunity to obtain employment without unlawful discrimination recognized as a civil right; exception of religious group.

Section 659A.012 - State agencies to carry out policy against discrimination in employment; evaluation of supervisors; affirmative action reports.

Section 659A.030 - Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited.

Section 659A.033 - Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices; determination of reasonable accommodation.

Section 659A.036 - Short title.

Section 659A.040 - Discrimination against worker applying for workers’ compensation benefits prohibited.

Section 659A.043 - Reinstatement of injured worker to former position; certificate evidencing ability to work; effect of collective bargaining agreement; termination of right to reinstatement; when reinstatement right terminates.

Section 659A.046 - Reemployment of injured worker in other available and suitable work; termination of right to reemployment; effect of collective bargaining agreement.

Section 659A.052 - Reemployment rights of injured state workers; rules.

Section 659A.060 - Definitions for ORS 659A.060 to 659A.069.

Section 659A.063 - State to continue group health benefits for injured worker and covered dependents; when ended.

Section 659A.082 - Discrimination against person for service in uniformed service prohibited.

Section 659A.086 - Employment rights of members of organized militia when called into active state service.

Section 659A.088 - Violation of ORS 659A.086 as unlawful employment practice; complaint; remedies and penalties.

Section 659A.089 - Notification to Director of Veterans’ Affairs.

Section 659A.090 - Definitions for ORS 659A.090 to 659A.099.

Section 659A.093 - Employer required to provide leave; job protection; benefits; notice to employer; use of accrued leave; rules.

Section 659A.096 - Denial of leave, retaliation and discrimination prohibited.

Section 659A.103 - Policy.

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.142 - Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited; discrimination in provision of healthcare; mental disorder treatment not evid...

Section 659A.143 - Assistance animals.

Section 659A.144 - Required accommodations in transient lodging; liability; limitations on applicability.

Section 659A.145 - Discrimination against individual with disability in real property transactions prohibited; advertising discriminatory preference prohibited; allowance for reasonable modification; assisting discriminatory practices prohibited.

Section 659A.146 - Reasonable accommodation.

Section 659A.147 - Prohibited conduct; posting requirements; Commissioner of Bureau of Labor and Industries to develop training and education materials; undue hardship exception; remedies.

Section 659A.150 - Definitions for ORS 659A.150 to 659A.186.

Section 659A.153 - Covered employers.

Section 659A.156 - Eligible employees; exceptions; eligibility during public health emergency; restoration of time worked.

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.192 - Leave to attend criminal proceeding; undue hardship on employer; scheduling criminal proceeding.

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.203 - Prohibited conduct by public or nonprofit employer; prohibited conduct by school services employer during public health emergency; remedies.

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.212 - Policy on cooperation with law enforcement officials; duty to report person subject to warrant for arrest.

Section 659A.218 - Disclosure of employee’s name without consent prohibited.

Section 659A.219 - Uniform standards and procedures manual for implementation of Whistleblower Law; requirements.

Section 659A.220 - Bureau of Labor and Industries to collect and compile information relating to disclosures; report to legislature.

Section 659A.221 - Uniform application to all public employers; optional procedure for disclosures; rules.

Section 659A.228 - Discrimination for reporting violation of election laws prohibited.

Section 659A.230 - Discrimination for initiating or aiding in criminal or civil proceedings prohibited; remedies not exclusive.

Section 659A.250 - Definitions for ORS 659A.250 to 659A.262.

Section 659A.253 - Restriction of access to employee housing owned or controlled by employer prohibited; telephone accessibility.

Section 659A.256 - Regulations by employers concerning use and occupancy of employee housing; requirements; notice.

Section 659A.259 - Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited; enforcement.

Section 659A.262 - Warrant on behalf of person entitled to access to housing; vacation of warrant; rules.

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.300 - Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited; exceptions.

Section 659A.303 - Employer prohibited from obtaining, seeking to obtain or using genetic information.

Section 659A.306 - Requiring employee to pay for medical examination as condition of continued employment prohibited; exceptions.

Section 659A.309 - Discrimination solely because of employment of another family member prohibited; exceptions.

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.318 - Discrimination relating to academic degree in theology or religious occupations prohibited.

Section 659A.320 - Discrimination based on information in credit history prohibited; exceptions.

Section 659A.330 - Employee social media account privacy; exception.

Section 659A.340 - Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited; remedy.

Section 659A.343 - Discrimination based on individual’s presentation of identification other than Real ID prohibited; remedies.

Section 659A.347 - Discrimination related to possession of valid driver license.

Section 659A.350 - Interns.

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.370 - Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct; exceptions; remedies.

Section 659A.375 - Employer policies relating to prevention of discrimination and sexual assault; requirements.

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.800 - Elimination and prevention of discrimination by Bureau of Labor and Industries; subpoenas.

Section 659A.805 - Rules for carrying out ORS chapter 659A.

Section 659A.810 - Willful interference with administration of law and violation of orders of commissioner prohibited.

Section 659A.815 - Advisory agencies and intergroup-relations councils.

Section 659A.820 - Complaints.

Section 659A.825 - Complaints filed by Attorney General or commissioner; temporary cease and desist orders in certain cases.

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.