Current through Register Vol. 63, No. 12, December 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.
(2) "Employer" means
any person that employs six or more persons and includes the state, counties,
cities, districts, authorities, public corporations and entities and their
instrumentalities, except the Oregon National Guard, as provided in ORS
659A.106. The "six or more
persons" need not be employed within Oregon.
(3) "Employment agency" includes any person
undertaking to procure employees or opportunities to work.
(4) "Essential functions" are the fundamental
duties of a position an individual with a disability holds or desires.
(a) A job function may be essential for any
of several reasons, including but not limited to, the following:
(A) The position exists to perform that
function;
(B) A limited number of
employees is available to carry out the essential function; or
(C) The function is highly specialized so
that the position incumbent was hired for the expertise or ability required to
perform the function.
(b) Evidence of whether a particular function
is essential includes but is not limited to:
(A) The amount of time spent performing the
function;
(B) The consequences of
not performing the function;
(C)
The terms of a collective bargaining agreement;
(D) The work experience of past incumbents in
the job; and
(E) The current work
experience of incumbents in similar jobs.
(5) "Labor organization" includes any
organization constituted for the purpose, in whole or in part, of collective
bargaining or dealing with employers concerning grievances, terms or conditions
of employment or of other mutual aid or protection in connection with
employees.
(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.
(7)
"Medical," as used in ORS
659A.133 and
659A.136 and these rules, means
any information, whether oral, written or electronic that:
(a) Is created or received by an employer;
and
(b) Relates to the past,
present, or future physical or mental health status or condition of an
individual.
(8)
"Misclassified," as used in ORS
659A.104(b),
means an erroneous or unsupported medical diagnosis, report, certificate or
evaluation.
(9) "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.
(10) A "qualified
individual with a disability" is an individual with a disability who satisfies
the requisite skill, experience, education and other job-related requirements
of a position that the individual holds or desires, and who can, with or
without reasonable accommodation, perform the position's essential functions.
(11) "Reasonable accommodation" is
defined in OAR 839-006-0206.
(12) "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)
In determining whether an impairment substantially limits a major life
activity, the ability of the individual with the impairment to perform that
major life activity is compared to that of individuals in the general
population.
(d) Factors that could
affect whether an impairment "substantially limits a major life activity"
include, but are not limited to, the presence of other impairments that combine
to make the impairment disabling.
(e) 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.
Stat. Auth.: ORS
659A.805
Stats. Implemented: ORS
659A.103 -
659A.142, H.B. 2111, 77th Leg.,
Reg. Session (Or. 2013)
