Oregon 2023 Regular Session

Oregon House Bill HB3436

Introduced
2/28/23  
Refer
3/3/23  

Caption

Relating to employment discrimination on the basis of disability.

Impact

If enacted, HB3436 will enhance the legal framework surrounding disability rights in employment. This shift will require employers to be more proactive in discussing potential accommodations necessary for employees with disabilities. The amendments will codify the need for an interactive dialogue between employers and employees, reinforcing the obligation of employers to accommodate rather than conditionally exclude based on disability. This could transform workplace practices and policies statewide, aiming to mitigate barriers faced by disabled individuals in employment settings.

Summary

House Bill 3436 proposes significant amendments to the existing laws regarding employment discrimination on the basis of disability in Oregon. The bill specifically makes it unlawful for employers to fail to engage in a good faith, interactive process to determine reasonable accommodations for qualified individuals with disabilities. By extending protections against discrimination, the bill aims to create a more inclusive workplace environment for individuals who may require specific adjustments to effectively perform their job duties.

Sentiment

The sentiment surrounding HB3436 appears to be largely supportive, especially among advocates for disability rights and inclusion in the workforce. Supporters praise the bill for promoting equality and providing necessary protections to individuals with disabilities, thus improving their employment opportunities. Conversely, there may be some concerns from employers regarding the potential implications for operational procedures and the financial burden associated with implementing required accommodations, though these are often viewed in the context of broader social responsibility.

Contention

Notable points of contention include the balance between ensuring reasonable accommodations and the perceived burden on employers. Some opponents may argue that the expectations set forth in the bill could lead to undue legal and operational challenges, particularly for small businesses. The dialogue surrounding HB3436 underscores a key tension in employment law: the need to protect marginalized groups while considering the practicality of implementation from the employer's perspective. Stakeholders may engage in discussions about what constitutes 'reasonable' accommodations, further shape discussions as the bill progresses.

Companion Bills

No companion bills found.

Previously Filed As

OR HB2742

Relating to persons with disabilities.

OR HB2630

Employment; conditions; labor organizations; discrimination

OR AB1119

Employment discrimination.

OR SB403

Discrimination on the basis of ancestry.

OR HB2800

Relating to age-based employment discrimination.

OR AB1938

Employment discrimination: familial status.

OR AB2355

Employment discrimination: medical cannabis.

OR SB164

Prohibiting discriminatory practices on the basis of religion at public educational institutions and authorizing the attorney general to investigate violations and assess civil penalties under the Kansas act against discrimination.

OR AB1556

Employment discrimination: unlawful employment practices.

OR HB978

Relating to the employment rights of certain individuals with disabilities.

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