Bill Text: OR HB2111 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to determination of substantial limitation to major life activity.
Spectrum: Unknown
Status: (Passed) 2013-05-13 - Chapter 105, (2013 Laws): Effective date January 1, 2014. [HB2111 Detail]
Download: Oregon-2013-HB2111-Introduced.html
Bill Title: Relating to determination of substantial limitation to major life activity.
Spectrum: Unknown
Status: (Passed) 2013-05-13 - Chapter 105, (2013 Laws): Effective date January 1, 2014. [HB2111 Detail]
Download: Oregon-2013-HB2111-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 405 House Bill 2111 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of Commissioner of the Bureau of Labor and Industries Brad Avakian) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Revises standard for determination of whether individual is substantially limited in major life activity. A BILL FOR AN ACT Relating to determination of substantial limitation to major life activity; amending ORS 659A.104. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 659A.104 is amended to read: 659A.104. (1) An individual has a disability for the purposes of ORS 659A.103 to 659A.145 if the individual meets any one of the following criteria: (a) The individual has a physical or mental impairment that substantially limits one or more major life activities of the individual. (b) The individual has a record of having a physical or mental impairment that substantially limits one or more major life activities of the individual. For the purposes of this paragraph, an individual has a record of having a physical or mental impairment if the individual has a history of, or has been misclassified as having, a physical or mental impairment that substantially limits one or more major life activities of the individual. (c) The individual is regarded as having a physical or mental impairment that substantially limits one or more major life activities of the individual. For the purposes of this paragraph: (A) An individual is regarded as having a physical or mental impairment if the individual has been subjected to an action prohibited under ORS 659A.112 to 659A.139 because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity of the individual. (B) An individual is not regarded as having a physical or mental impairment if the individual has an impairment that is minor and that has an actual or expected duration of six months or less. (2) Activities and functions that are considered major life activities for the purpose of determining if an individual has a disability include but are not limited to: (a) Caring for oneself; (b) Performing manual tasks; (c) Seeing; (d) Hearing; (e) Eating; (f) Sleeping; (g) Walking; (h) Standing; (i) Lifting; (j) Bending; (k) Speaking; (L) Breathing; (m) Learning; (n) Reading; (o) Concentrating; (p) Thinking; (q) Communicating; (r) Working; (s) Socializing; (t) Sitting; (u) Reaching; (v) Interacting with others; (w) Employment; (x) Ambulation; (y) Transportation; (z) Operation of a major bodily function, including but not limited to: (A) Functions of the immune system; (B) Normal cell growth; and (C) Digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions; and (aa) Ability to acquire, rent or maintain property. (3) An individual is substantially limited in a major life activity if the individual has an impairment, had an impairment or is perceived as having an impairment that { - materially - } restricts one or more major life activities of the individual. An impairment that substantially limits one major life activity of the individual need not limit other major life activities of the individual. An impairment that is episodic or in remission is considered to substantially limit a major life activity of the individual if the impairment would substantially limit a major life activity of the individual when the impairment is active. (4) When determining whether an impairment substantially limits a major life activity of an individual, the determination shall be made without regard to the ameliorative effects of mitigating measures, including: (a) Medication; (b) Medical supplies, equipment or appliances; (c) Low vision devices or other devices that magnify, enhance or otherwise augment a visual image, except that ordinary eyeglasses or contact lenses or other similar lenses that are intended to fully correct visual acuity or eliminate refractive error may be considered when determining whether an impairment substantially limits a major life activity of an individual; (d) Prosthetics, including limbs and devices; (e) Hearing aids, cochlear implants or other implantable hearing devices; (f) Mobility devices; (g) Oxygen therapy equipment or supplies; (h) Assistive technology; (i) Reasonable accommodations or auxiliary aids or services; or (j) Learned behavioral or adaptive neurological modifications. (5) Nothing in subsection (4)(c) of this section authorizes an employer to use qualification standards, employment tests or other selection criteria based on an individual's uncorrected vision unless the standard, test or other selection criteria, as used by the employer, are shown to be job-related for the position in question and is consistent with business necessity. ----------