Oregon Statutes 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 …
(1) As used in this section:
Terms Used In Oregon Statutes 659A.142
- Employment agency: includes any person undertaking to procure employees or opportunities to work. See Oregon Statutes 659A.001
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
- Labor organization: includes any organization which is constituted for the purpose, in whole or in part, of collective bargaining or in dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employees. See Oregon Statutes 659A.001
- National origin: includes ancestry. See Oregon Statutes 659A.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Race: includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles. See Oregon Statutes 659A.001
- Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
- Unlawful employment practice: includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. See Oregon Statutes 659A.001
- Unlawful practice: includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. See Oregon Statutes 659A.001
(a) ‘Health care facility’ has the meaning given that term in ORS § 442.015.
(b) ‘Health professional regulatory board’ has the meaning given that term in ORS § 676.160.
(c) ‘Medical resources’ includes but is not limited to:
(A) Medical devices or equipment.
(B) Prescription drugs.
(C) Laboratory testing.
(d) ‘Provider’ means:
(A) An individual licensed or certified by a health professional regulatory board.
(B) A health care facility.
(e) ‘State government’ has the meaning given that term in ORS § 174.111.
(2) It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise discriminate against, any individual because that individual has a disability, or to classify or refer for employment any individual because that individual has a disability.
(3) It is an unlawful employment practice for a labor organization, because an individual has a disability, to exclude or to expel from its membership such individual or to discriminate in any way against such individual.
(4) It is an unlawful practice for any place of public accommodation, resort or amusement as defined in ORS § 659A.400, or any person acting on behalf of such place, to make any distinction, discrimination or restriction because a customer or patron is an individual with a disability.
(5)(a) It is an unlawful practice for state government to exclude an individual from participation in or deny an individual the benefits of the services, programs or activities of state government or to make any distinction, discrimination or restriction because the individual has a disability.
(b) Paragraph (a) of this subsection is intended to ensure equal access to available services, programs and activities of state government.
(c) Paragraph (a) of this subsection is not intended to:
(A) Create an independent entitlement to any service, program or activity of state government; or
(B) Require state government to take any action that state government can demonstrate would result in a fundamental alteration in the nature of a service, program or activity of state government or would result in undue financial or administrative burdens on state government.
(6)(a) It is an unlawful practice for a provider or any person acting on behalf of a provider to discriminate by doing any of the following based on the patient’s race, color, national origin, sex, sexual orientation, gender identity, age or disability:
(A) Deny medical treatment to the patient that is likely to benefit the patient based on an individualized assessment of the patient using objective medical evidence; or
(B) Limit or restrict in any manner the allocation of medical resources to the patient.
(b) In determining whether medical treatment is likely to benefit a patient under paragraph (a)(A) of this subsection, a provider shall consult with the patient and others legally authorized to act on behalf of the patient, if available.
(c) This subsection does not:
(A) Restrict the authority of a patient, or an individual legally authorized to act on behalf of a patient, to consent to or decline medical treatment;
(B) Require the provision of medical treatment that is prohibited by state or federal law; or
(C) Restrict a provider, after completing the individualized assessment described in paragraph (a)(A) of this subsection and the consultation described in paragraph (b) of this subsection, from providing objective information to the patient about the risks and benefits of treatment.
(7) Receipt or alleged receipt of treatment for a mental disorder does not constitute evidence of an individual’s inability to acquire, rent or maintain property. [Formerly 659.425; 2003 c.254 § 3; 2007 c.70 § 297; 2009 c.508 § 14; 2021 c.584 § 1]