Oregon Physical Exams laws & HR compliance analysis

Oregon Physical Exams: What you need to know

The Oregon Fair Employment Practice (FEP) Act prohibits employment practices that discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, age, or disability, or because an applicant or employee associates with a person in one of the protected classifications (OR Rev. Stat. Sec. 659A.030 et seq.). The Act covers all employers regardless of size, except for the disability provision, which applies to employers with six or more employees.
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An employer may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties. The employer may condition employment on the results of the examination if the following conditions are met:
• All entering employees must be subject to the same examination regardless of disability.
• All information regarding the medical history or condition of the applicant is kept in separate, confidential files (OR Rev. Stat. Sec. 659A.133).
Employees may be required to undergo an exam only if the exam is job related and consistent with business necessity. An example of this would be a requirement of physical fitness for the job of a security guard. In this case, an employer would be permitted to test its employee's fitness because it is both a business necessity and related to the job (OR Rev. Stat. Sec. 659A.136).
The Act includes a separate provision that prohibits employers from requiring that a job applicant or employee undergo genetic testing and from using genetic test results when making any employment decision unless based on a bona fide occupational qualification (BFOQ), as defined by the ...

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