Oregon Disability Discrimination: Your Rights

Quick Answer: Oregon law prohibits disability discrimination and requires reasonable accommodations. Oregon's definition of disability is broader than federal ADA. File with BOLI within 1 year or pursue court action within 5 years. Covers employers with 6+ employees.

Oregon provides strong disability protections.

Oregon Disability Law

State Protections

Oregon law:

• Covers 6+ employees
• Broader disability definition
• Reasonable accommodations required
• BOLI enforcement

Federal ADA

Also applies:

• 15+ employees
• ADA definition
• EEOC enforcement
• 300-day deadline

Oregon's Advantages

Broader because:

• Lower employer threshold
• Broader disability definition
• Longer filing deadline
• State remedies

Who Is Protected

Oregon Definition

Disability means:

• Physical or mental impairment
• Substantially limits major life activities
• Has record of impairment
• Regarded as having impairment

Broader Than ADA

Oregon includes:

• Less severe impairments
• Temporary conditions (sometimes)
• More inclusive approach

Examples

May qualify:

• Mobility impairments
• Vision/hearing impairments
• Mental health conditions
• Chronic illnesses
• Learning disabilities

Reasonable Accommodations

Employer Duty

Must provide:

• Unless undue hardship
• Interactive process required
• Case-by-case basis

Common Accommodations

Examples:

• Modified schedules
• Assistive technology
• Physical workspace changes
• Leave for treatment
• Job restructuring

Interactive Process

Steps:

1. Employee requests
2. Employer engages
3. Discuss options
4. Implement accommodation
5. Follow up

Filing Claims

BOLI Complaint

State agency:

• 1-year deadline
• Investigation process
• Mediation offered
• Phone: 971-673-0761

Private Lawsuit

Court action:

• 5-year statute
• Full damages available
• Jury trial

EEOC

Federal option:

• 300 days
• ADA claims
• 15+ employees

Proving Discrimination

Elements

Must show:

1. Qualified individual with disability
2. Could perform essential functions
3. With or without accommodation
4. Adverse action taken
5. Because of disability

Failure to Accommodate

Show:

• Requested accommodation
• Employer knew of disability
• Accommodation reasonable
• Employer refused

Remedies

Oregon Law

May recover:

• Back pay
• Front pay
• Compensatory damages
• Punitive damages
• Attorney's fees

Accommodation Orders

May require:

• Implement accommodation
• Reinstatement
• Policy changes

Common Scenarios

Scenario 1: Accommodation Denial

Situation: Requested schedule change for treatment, denied.

Analysis: May be reasonable accommodation. Document request and response.

Scenario 2: Medical Leave Termination

Situation: Fired after requesting medical leave.

Analysis: May violate Oregon law and FMLA. Document timeline.

Scenario 3: Perceived Disability

Situation: Demoted after employer learned of condition.

Analysis: "Regarded as" protection applies. Document employer's knowledge.

Employer Defenses

Undue Hardship

May argue:

• Cost prohibitive
• Disruptive to operations
• Must prove hardship

Essential Functions

May claim:

• Cannot perform essential duties
• Even with accommodation

Direct Threat

Limited defense:

• Significant risk of harm
• Cannot be eliminated
• Rarely successful

Frequently Asked Questions

What employers are covered?

Oregon: 6+ employees. Federal ADA: 15+ employees.

Must I disclose my disability?

Only to request accommodations. Otherwise, your choice.

What's the deadline?

BOLI: 1 year. EEOC: 300 days. Court: 5 years.

What if accommodation is denied?

Document the denial and consult an attorney.

Related Topics

• Oregon Workplace Discrimination
• Oregon Family Medical Leave
• Oregon Employment Law Hub

Take Action

If facing disability discrimination:

1. Document disability and need
2. Request accommodations in writing
3. Keep records of responses
4. File BOLI complaint if needed
5. Consult attorney

Legal Disclaimer

This article provides general information about disability discrimination in Oregon and is not legal advice. For specific advice, consult a licensed Oregon employment attorney.

For official information:

• BOLI: https://www.oregon.gov/boli | 971-673-0761