['Discrimination']
['Pregnancy Discrimination']
06/13/2024
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Summary of differences between federal and state regulations
General anti-discrimination provisions
Employer defined
“Employer” means any person in this state who, directly or through an agent, engages or utilizes the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed.
“Employer” also includes any public body that, directly or through an agent, engages or utilizes the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed, including all officers, agencies, departments, divisions, bureaus, boards and commissions of the legislative, judicial and administrative branches of the state, all county and city governing bodies, school districts, special districts, municipal corporations and all other political subdivisions of the state.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act. For example, the state law requires employers to treat disabilities caused by pregnancy the same as any other similar disability, and to give the same job (or a similar, equal job) to employees returning from pregnancy leave.
Posting
A covered employer must post a notice of the requirements of ORS 659A.150 to 659A.186 in every establishment in which employees are employed.
Pregnancy accommodations
Effective January 1, 2020, employers with six or more employees must make reasonable accommodations for an employee’s or applicant’s pregnancy-related limitations, including childbirth, lactation, or related medical conditions.
Reasonable accommodation may include, but need not be limited to:
- Acquisition or modification of equipment or devices;
- More frequent or longer break periods or periodic rest;
- Assistance with manual labor; or
- Modification of work schedules or job assignments.
You must make reasonable accommodation to the known limitations, unless you can demonstrate that the accommodation would impose an undue hardship on the operation of the business (requires significant difficulty or expense).
You are prohibited from requiring an employee to take leave if you can make reasonable accommodation to the known limitations.
You must post a notice regarding the law’s provisions. You must also provide a written copy of the notice to new employees at time of hire, to existing employees by June 29, 2020, and within 10 days after an employee provides notice of the need for leave.
State
Contact
Oregon Bureau of Labor and Industries, Civil Rights Division
Regulations
Oregon Revised Statutes, Chapter 659 — Miscellaneous Prohibitions Relating to Employment and Discrimination
www.oregonlegislature.gov/bills_laws/ors/ors659.html
Oregon Revised Statutes, Chapter 659A, Unlawful Discrimination in Employment
https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html
Oregon Administrative Rules, Title 839, Division 5, Discrimination
http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_005.html
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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