The Oregon Fair Employment Practice Act (FEPA) prohibits employment practices that discriminate against qualified individuals with a disability. This prohibition covers employers with six or more employees (OR Rev. Stat. Sec. 659A.112 ). “Disability” is defined as any physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded by others as having such an impairment (OR Rev. Stat. Sec. 659A.104 et seq.).
Under the FEPA, an individual is regarded as having a disability if he or she was subjected to an action prohibited under the FEPA because of an actual or perceived impairment whether or not the impairment actually limits or is perceived to limit a major life activity.
Reasonable accommodation. Employers must offer reasonable accommodations to allow protected individuals to continue working, as long as they can perform the basic requirements of their jobs. Reasonable accommodations include, but are not limited to, job restructuring, modified work schedules, making facilities used by employees accessible to employees with disabilities, acquisition of or modification of equipment, and providing readers or interpreters (OR Rev. Stat. Sec. 659A.118).
However, an employer is not obligated to offer an accommodation that presents an undue hardship to the employer, such as significant difficulty or expense. Determining whether there is an undue hardship depends on several factors, including the size and resources of the employer. There is additional information on reasonable accommodation requirements.
With regard to medical examinations and inquiries, Oregon law distinguishes between applicants, ...