Bill Text: OR HB2111 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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     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

                           A-Engrossed

                         House Bill 2111
                  Ordered by the House March 20
            Including House Amendments dated March 20

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.

  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
 { + as compared to most people in the general population. An
impairment need not prevent, or significantly or severely
restrict, the individual from performing a major life activity in
order to be considered substantially limiting + }. 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.
 { + Nonetheless, not every impairment will constitute a
disability within the meaning of this section. + }
  (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.
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