Comparison: State vs. Federal
The Oregon Fair Employment Practice Act prohibits employment practices that discriminate on the basis of disability (OR Rev. Stat. Sec. 659A.001 et seq.). The Act covers all employers regardless of size; however, the laws prohibiting disability discrimination apply only to employers with six or more employees. An intern is considered to be in an employment relationship with an employer for purposes of employment discrimination under the Act.
The term "disability" means:
- A physical or mental impairment that substantially limits one or more major life activities
- A record of such an impairment
- Being regarded by others as having such an impairment
Note: An individual is regarded as having such an impairment if he or she has been subjected to an unlawful employment action because of an actual or perceived impairment, whether or not the impairment limits or is perceived to limit a major life activity. An individual is not regarded as having a physical or mental impairment if an impairment is minor and has an actual or expected duration of 6 months or less.
Use of tests and qualification standards. It is a violation of the Act for an employer to use a qualification standard, test, or other selection criteria that screen out or tend to screen out individuals with disabilities. Prohibited criteria include those based on an individual's uncorrected vision or unaided hearing. An employer may use such selection criteria if they are related to the position in question and consistent with business necessity (OR Rev. Stat. Sec. 659A.112(g)). Mitigating Measures
The determination of whether an impairment substantially limits a major life activity must be made without ...