Current through Register Vol. 63, No. 3, March 1, 2024
(1) "Aggrieved person" includes a person who
believes that the person:
(a) Has been
injured by an unlawful practice or discriminatory housing practice; or
(b) Will be injured by an unlawful
practice or discriminatory housing practice that is about to occur.
(2) "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.
(3) "Dwelling" means
any building, structure, or portion of a building or structure that is occupied
as, or designed or intended for occupancy as, a residence by one or more
families, and any vacant land that is offered for sale or lease for the
construction or location of any such building, structure, or portion of such a
building or structure.
(4)
"Family" includes but is not limited to a single individual.
(5) "Familial status" means the relationship
between one or more individuals who have not attained 18 years of age and the
individual with whom they are domiciled who is:
(a) A parent or another person having legal
custody of the individual; or
(b)
The designee of the parent or other person having such custody, with the
written permission of the parent or other person.
(c) "Familial status" includes any
individual, regardless of age or domicile, who is pregnant or is in the process
of securing legal custody of an individual who has not attained 18 years of
age.
(d) "Domiciled" includes but
is not limited to part-time residence in a dwelling where an individual has a
reasonable expectation of a continuing right to return.
(6) "Major life activity" includes, but is
not limited to:
(a) Caring for oneself;
(b) Performing manual tasks;
(c) Seeing;
(d) Hearing;
(e) Eating;
(f) Drinking;
(g) Sleeping;
(h) Walking;
(i) Standing;
(j) Lifting;
(k) Bending;
(l) Twisting;
(m) Speaking;
(n) Breathing;
(o) Cognitive functioning;
(p) Learning;
(q) Education;
(r) Reading;
(s) Concentrating;
(t) Remembering;
(u) Thinking;
(v) Communicating;
(w) Working: To be substantially limited in
the major life activity of working, an individual must be significantly
restricted in the ability to perform a class of jobs or a broad range of jobs
in various classes as compared to the ability of an average person with
comparable skill, experience, education or other job-related requirements
needed to perform those same positions;
(x) Socialization;
(y) Sitting;
(z) Reaching;
(aa) Interacting with others;
(bb) Sexual relations;
(cc) Employment;
(dd) Ambulation;
(ee) Transportation;
(ff) Operation of a major bodily function,
including but not limited to:
(A) Functions
of the immune system;
(B) Normal
cell growth; and
(C) Digestive,
bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and
reproductive functions; and
(gg) Ability to acquire, rent or maintain
property.
(8)
"Misclassified," as used in ORS
659A.100(2)(b),
means an erroneous or unsupported medical diagnosis, report, certificate or
evaluation.
(9) "Person" includes
one or more individuals, partnerships, associations, labor organizations,
limited liability companies, joint stock companies, corporations, legal
representatives, trustees, trustees in bankruptcy or receivers, fiduciaries,
mutual companies, trusts and unincorporated organizations and public bodies as
defined in ORS 30.260 that have the primary
purpose of serving, representing or otherwise benefiting the protected
class.
(10) "Physical or mental
impairment" means any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the following body
systems: neurological, musculoskeletal, special sense organs, respiratory
(including speech organs), cardiovascular, reproductive, digestive,
genito-urinary, hemic and lymphatic, skin and endocrine; or any mental or
psychological disorder, such as mental retardation, organic brain syndrome,
traumatic brain injury, emotional or mental illness, and specific learning
disabilities.
(11) "Property" and
"real property" means property used or intended for commercial, business or
residential purposes including, but not limited to a dwelling.
(12) "Purchaser" includes an occupant,
prospective occupant, renter, prospective renter, lessee, prospective lessee,
buyer or prospective buyer.
(13)
"Receipt or alleged receipt of treatment for a mental disorder," as used in ORS
659A.142(5),
means actual treatment of an individual for a mental condition or an assertion
that the person received such treatment.
(14) "Regarded as having an impairment," as
used in ORS 659A.100(2)(c),
means:
(a) An individual having a physical or
mental impairment that does not substantially limit a major life activity but
who has been treated as having an impairment by a seller, lessor, advertiser,
real estate broker or salesperson, or the agent of any seller, lessor,
advertiser, real estate broker or salesperson;
(b) An individual having a physical or mental
impairment that substantially limits a major life activity only as a result of
the attitude of others toward such impairment; or
(c) An individual having no physical or
mental impairment but who is treated as having an impairment by a seller,
lessor, advertiser, real estate broker or salesperson, or the agent of any
seller, lessor, advertiser, real estate broker or salesperson.
(15) "Residential real estate
related transaction" means any of the following:
(a) The making or purchasing of loans or
providing other financial assistance:
(A) For
purchasing, constructing, improving, repairing or maintaining a dwelling; or
(B) Secured by residential real
estate; or
(b) The
selling, brokering or appraising of residential real property.
(16) "Substantially limits" means
that an individual has an impairment, had an impairment or is perceived as
having an impairment that restricts one or more major life activities of the
individual as compared to most people in the general population.
(a) An impairment need not prevent, or
significantly or severely restrict, the individual from performing a major life
activity in order to be considered substantially limiting.
(b) An impairment that substantially limits
one major life activity of the individual need not limit other major life
activities of the individual.
(c)
To have a disability (or to have a record of a disability) an individual must
be substantially limited in performing a major life activity as compared to
most people in the general population.
(d) An impairment that is episodic or in
remission is considered to substantially limit a major life activity of the
individual if the impairment would substantially limit a major life activity of
the individual when the impairment is active Nonetheless, not every impairment
will constitute a disability within the meaning of this section.
(e) The term "substantially limits" shall be
construed in favor of broad coverage of individuals to the maximum extent
permitted by the terms of ORS
659A.100 to
659A.145 and
659A.400 to
659A.425, and should not require
extensive analysis.
(17)
"To rent" includes to lease, to sublease, to let and otherwise to grant for a
consideration the right to occupy premises not owned by the occupant.
(18) "Treatment" includes examination,
evaluation, diagnosis and therapy by a health professional within the scope of
the professional's applicable license.
Stat. Auth.: ORS
659A.805
Stats. Implemented: ORS
659A.103-.142;
659A.145,
659A.421
