Can an employer deny you a job in Oregon because of a disability?

Navigating the job market can be challenging enough without the added hurdle of discrimination. For individuals with disabilities in Oregon, the fear of being denied employment based on their condition is a very real concern. However, it's crucial to understand that both federal and state laws in Oregon provide robust protections against such discrimination. If you believe you’ve been denied a job because of a disability, you have legal rights and avenues for recourse.

Understanding Your Rights: Federal and Oregon Law

In Oregon, job applicants with disabilities are protected by two primary legal frameworks: the federal Americans with Disabilities Act (ADA) and Oregon's own Persons with Disabilities Civil Rights Act (ORS 659A.100 et seq.). While both aim to prevent discrimination, they have some key differences that are important for job seekers to know.

The Americans with Disabilities Act (ADA)

The ADA is a comprehensive federal civil rights law that prohibits discrimination based on disability in various areas, including employment. Under Title I of the ADA, employers with 15 or more employees are prohibited from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment.

A "qualified individual with a disability" is someone who, with or without reasonable accommodation, can perform the essential functions of the job. This is a critical concept, as it means an employer cannot deny you a job simply because you have a disability if you can still do the core tasks of the role, potentially with some adjustments.

Oregon's Persons with Disabilities Civil Rights Act (ORS 659A.100 et seq.)

Oregon's state law often provides even broader protection than the ADA. The Oregon Persons with Disabilities Civil Rights Act generally applies to employers with six or more employees, covering a wider range of businesses. In some specific instances, it may even apply to employers with fewer than six employees, such as in cases involving public accommodation or where a common carrier is involved.

Oregon law defines "disability" broadly and prohibits discrimination against individuals because of a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. It also explicitly requires employers to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business.

What Constitutes a "Disability" Under Oregon Law?

The definition of "disability" is crucial when asserting your rights. Oregon law aligns closely with the ADA Amendments Act (ADAAA), adopting a broad interpretation. A person has a disability if they have:

• ♿ A physical or mental impairment that substantially limits one or more major life activities (e.g., walking, seeing, hearing, speaking, breathing, learning, caring for oneself, performing manual tasks, working).
• 📜 A record of such an impairment (meaning you previously had a disability but are now recovered, or were misclassified as having one).
• 🔍 Been "regarded as" having such an impairment (meaning an employer treats you as if you have a disability, even if you don't actually have one, but they perceive you as limited).

It's important to note that the focus is on whether the impairment substantially limits a major life activity, not necessarily severely or permanently. Many conditions that might not seem "severe" can still qualify, including conditions that are episodic or in remission if they would substantially limit a major life activity when active. For example, conditions like diabetes, epilepsy, depression, anxiety, PTSD, and certain chronic illnesses can be considered disabilities if they meet these criteria.

When Can an Employer Legally Deny a Job Based on Disability?

Employers generally cannot deny you a job because of your disability if you are otherwise qualified. However, there are very specific and narrow circumstances under which a job denial related to a disability might be lawful:

• 🚫 Inability to Perform Essential Functions: The primary reason an employer can deny a job is if the applicant, even with reasonable accommodation, cannot perform the "essential functions" of the job. Essential functions are the fundamental duties of the position, not marginal tasks. An employer must clearly define these, often in a job description. The employer must consider whether a reasonable accommodation would enable you to perform these functions.
• ⚠️ Direct Threat: An employer may deny employment if an individual poses a "direct threat" to the health or safety of themselves or others that cannot be eliminated or reduced to an acceptable level by reasonable accommodation. This is a very high legal bar. The employer must show a significant risk of substantial harm, not a remote or speculative one. This determination must be based on an individualized assessment of the applicant's current ability to safely perform the job, not on generalizations or stereotypes.
• 🏢 Undue Hardship (for Accommodation): While not a reason to deny a job outright, an employer might be excused from providing a specific reasonable accommodation if it would cause "undue hardship." Undue hardship means significant difficulty or expense. This is also a difficult defense for employers to prove and considers factors like the employer's size, financial resources, and the nature and cost of the accommodation.

It's vital to remember that these exceptions are narrowly interpreted by courts and administrative agencies. An employer can't simply claim you can't do the job or that you're a threat without objective, factual evidence.

The Interactive Process and Reasonable Accommodation

A cornerstone of disability employment law is the "interactive process" and the employer's duty to provide "reasonable accommodation."

If you have a known disability and request an accommodation (or if an employer becomes aware that you might need one), the employer is legally obligated to engage in an "interactive process" with you. This is a good-faith discussion between you and the employer to identify effective accommodations that would enable you to perform the job's essential functions. This process should explore various options and consider your specific needs and the employer's resources.

Examples of reasonable accommodations include, but are not limited to:

• ⏰ Modifying work schedules or allowing flexible hours.
• 🖥️ Making existing facilities readily accessible and usable (e.g., ramps, wider doorways, accessible restrooms).
• ⚙️ Acquiring or modifying equipment or devices (e.g., assistive technology, ergonomic chairs, specialized software).
• 🔄 Job restructuring (reallocating marginal functions of a job).
• 📚 Providing qualified readers or interpreters.
• 💡 Providing appropriate training materials or policies.
• 🛋️ Modifying workplace policies or procedures.
• 📝 Offering a leave of absence for treatment or recovery related to the disability.

An employer is not required to provide the exact accommodation you request, but they must provide an effective one. They also don't have to create a new job for you or lower legitimate performance standards.

What to Do if You Believe You Were Denied a Job Due to Disability

If you suspect you were denied a job in Oregon because of a disability, taking swift and strategic action is crucial. Here's a step-by-step guide:

1. Gather Evidence

Documentation is your best friend. Start collecting everything relevant:

• 📝 The job posting or advertisement, including the job description.
• ✉️ Your application materials (resume, cover letter).
• 📧 Any communication with the employer (emails, texts, letters, interview notes).
• 🚫 The rejection notice, if you received one, and any stated reasons for denial.
• 💬 Notes from interviews, including any questions asked about your disability or health, or discussions about accommodations.
• 🏥 Any medical documentation that substantiates your disability, if it was discussed or relevant to your need for accommodation.
• 🗣️ Names of individuals involved in the hiring process.
• 👀 Any observations or statements made by the employer or their representatives that suggest discriminatory intent.

2. Consider an Internal Complaint (If Applicable)

While less common for job applicants than for current employees, if the employer has an accessible HR department or an internal complaint process, you might consider reaching out. However, be cautious and document everything. Often, pursuing external remedies is more effective for job denial cases.

3. File a Formal Complaint with a Government Agency

You have two main options for filing a formal complaint, depending on the employer's size and your preference:

a. Oregon Bureau of Labor and Industries (BOLI)

BOLI is the state agency responsible for enforcing Oregon's civil rights laws, including the Oregon Persons with Disabilities Civil Rights Act. This is often the first stop for many Oregonians.

• ⚖️ Jurisdiction: Applies to employers with 6 or more employees (or even fewer in some specific cases).
• ⏳ Statute of Limitations: You generally have one year from the date of the discriminatory act (the job denial) to file a complaint with BOLI.
• 📈 Process: BOLI will investigate your complaint, which may involve interviewing witnesses, reviewing documents, and potentially mediating a settlement between you and the employer. If BOLI finds probable cause, it may attempt conciliation or refer the case for a formal hearing.

b. Equal Employment Opportunity Commission (EEOC)

The EEOC is the federal agency responsible for enforcing federal anti-discrimination laws, including the ADA.

• 🏛️ Jurisdiction: Applies to employers with 15 or more employees.
• 📅 Statute of Limitations: You generally have 300 days from the date of the discriminatory act to file a charge with the EEOC in Oregon, because Oregon has a state agency (BOLI) that also handles such complaints. If there were no state agency, the deadline would be 180 days.
• 📝 Process: The EEOC will investigate your charge. Like BOLI, they may attempt mediation or conciliation. If they find discrimination, they may issue a "Letter of Determination" and attempt to resolve the matter. If not, or if conciliation fails, they will issue a "Right-to-Sue" letter, allowing you to file a lawsuit in federal court.

Important Note: BOLI and the EEOC have a work-sharing agreement. This means that if you file with one agency, it will often be cross-filed with the other, ensuring you meet both deadlines and preserving your rights under both state and federal law.

4. Consult an Attorney

While you can file a complaint with BOLI or EEOC yourself, consulting an experienced Oregon employment law attorney is highly recommended. An attorney can:

• 🧠 Evaluate the strength of your case and explain your legal options.
• 📚 Help you gather and organize evidence effectively.
• 📝 Draft and file the administrative complaint with BOLI or EEOC, ensuring all deadlines are met and the complaint is properly framed.
• 🗣️ Represent you during investigations, mediations, and hearings.
• 💼 Negotiate a settlement on your behalf.
• 🏛️ If necessary, file a lawsuit in state or federal court.

Many employment attorneys offer free initial consultations and work on a contingency fee basis, meaning they only get paid if you win your case.

Possible Compensations and Remedies

If you succeed in a disability discrimination claim for job denial, various remedies may be available to you:

• 💰 Back Pay: This includes wages, benefits, and other compensation you would have earned from the date of the discriminatory denial up to the date of resolution.
• 💸 Front Pay: If reinstatement to the job is not feasible or appropriate, you might be awarded "front pay," which compensates you for future lost earnings until you find a comparable position.
• 💔 Emotional Distress Damages (Compensatory Damages): Compensation for non-economic harms such as emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and injury to reputation. The amount varies greatly depending on the severity and impact on the individual.
• punitive damages.
• ⚖️ Punitive Damages: In cases where an employer's conduct was particularly malicious, reckless, or egregious, courts may award punitive damages to punish the employer and deter similar conduct. These are generally available under federal law (ADA) and sometimes under Oregon law in private lawsuits.
• 🧑‍⚖️ Attorney Fees and Costs: If you prevail, the employer may be ordered to pay your reasonable attorney fees and litigation costs.
• 📈 Injunctive Relief: This is an order requiring the employer to take specific actions, such as offering you the job, changing discriminatory policies, or providing training to their staff.

Illustrative Examples of Potential Outcomes:

Please note: These examples are hypothetical and outcomes in real cases vary widely based on specific facts, evidence, and jurisdiction. They are for illustrative purposes only and do not guarantee similar results.

• 🚶‍♀️ Example 1: Mobility Impairment & Retail Job Denial (BOLI Settlement)

  Sarah, who uses a cane, applied for a retail sales associate position. She was highly qualified but was told during the interview that the store "needed someone who could move quickly on the floor" despite her explaining how she could manage. She filed a BOLI complaint. After investigation and mediation, BOLI found evidence of discrimination. The employer settled for $15,000, covering Sarah's lost wages for the period she was unemployed and emotional distress, plus an agreement for the employer to provide disability awareness training to its hiring managers.

• 🧠 Example 2: Chronic Health Condition & Tech Role (EEOC Conciliation/Lawsuit Potential)

  David, who manages a chronic, but controlled, neurological condition, applied for a software developer role. He disclosed his need for a flexible work schedule for occasional appointments and was subsequently rejected despite strong qualifications, receiving a vague reason for denial. He filed with the EEOC. The EEOC's investigation suggested the employer viewed his condition as a barrier to consistent attendance, despite his proposed accommodation. During conciliation, the employer offered $45,000 as a settlement, covering lost income and distress, to avoid a potential lawsuit, and revised its HR policies.

• 👂 Example 3: Hearing Impairment & Manufacturing Job (Private Attorney Negotiation)

  Maria, who is deaf, applied for a manufacturing assembly line position and requested an ASL interpreter for training and safety briefings. The employer stated it would be too expensive and denied her application. Maria hired a private attorney who sent a demand letter, detailing the legal obligations and the availability of resources for interpreters. After initial resistance, the employer agreed to a settlement of $30,000, recognizing the cost of litigation and the strength of Maria's case, plus a commitment to reviewing accommodation policies.

• 👁️ Example 4: Visual Impairment & Graphic Design (Combination of Lost Wages and Training)

  John, who has a visual impairment, applied for a graphic design role and requested specific screen-reading software as an accommodation. The employer denied the request, stating they didn't have the budget for "special software." John contacted an attorney. Through negotiations, the employer settled by offering John the job, retroactively paying him $10,000 for the wages he lost while fighting the denial, and agreed to purchase the necessary software. The settlement also included an additional $5,000 for emotional distress for the initial denial.

Important Notices and Considerations

• 🚫 Retaliation is Illegal: It is unlawful for an employer to retaliate against you for asserting your rights under disability discrimination laws, whether by filing a complaint, participating in an investigation, or requesting an accommodation. Retaliation includes negative actions like withdrawing a job offer, giving a poor reference, or blacklisting.
• 🔒 Confidentiality: Your medical information related to your disability is confidential and should be handled with care by potential employers. Employers generally cannot ask disability-related questions or require medical examinations before making a job offer. After a job offer, they can only do so if it's required of all entering employees in the same job category, and the results are used consistently with the ADA.
• 📝 Documentation is Key: As emphasized, keep detailed records of all interactions, communications, and evidence. This will be invaluable if you need to pursue a claim.
• ⏱️ Timelines Are Critical: Do not delay in seeking advice or filing a complaint. The statutes of limitations are strict, and missing a deadline can permanently bar your claim.

Practical Advice for Job Seekers with Disabilities in Oregon

• 📚 Know Your Rights: Educate yourself on both federal (ADA) and Oregon state disability discrimination laws.
• 🗣️ Communicate Clearly: If you need an accommodation, consider when and how to disclose your disability and request the accommodation. Often, it's best to discuss accommodation once you've received a job offer or if a disability is clearly impacting the application process.
• ✍️ Document Everything: From job descriptions to rejection letters, keep thorough records. If you have conversations about your disability or accommodation needs, follow up with an email to confirm your understanding.
• 🤝 Seek Professional Help Early: Don't hesitate to consult an Oregon employment law attorney. They can provide invaluable guidance from the very beginning.
• 💪 Be Persistent: Pursuing a discrimination claim can be a long process, but standing up for your rights is important not just for yourself but for others.

Being denied a job due to a disability is not just unfair; it's illegal. Oregon and federal laws are designed to protect qualified individuals with disabilities from such discrimination, ensuring they have an equal opportunity to contribute to the workforce. If you believe your rights have been violated, remember that you have legal recourse and support available to help you navigate the path to justice.

Disclaimer: This article provides general information about disability discrimination laws in Oregon and is not intended as legal advice. Laws are complex and may change. The information provided herein is for educational purposes only and should not be used as a substitute for competent legal advice from a licensed attorney in your state. If you have a specific legal issue, you should consult with a qualified attorney.