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Oregon Revised Statutes

Or. Rev. Stat. § 659A.029 (2026)

“Because of sex” defined for ORS 659A.030

✓ current as of May 2026
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      659A.029 “Because of sex” defined for ORS 659A.030. For purposes of ORS 659A.030, the phrase “because of sex” includes, but is not limited to, because of pregnancy, childbirth and related medical conditions or occurrences. An individual affected by the individual’s pregnancy, childbirth or related medical conditions or occurrences shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as any other person not so affected but similar in ability or inability to work by reason of physical condition, and nothing in this section shall be interpreted to permit otherwise. [Formerly 659.029; 2023 c.228 §47]

 

      Note: Section 59 (5), chapter 228, Oregon Laws 2023, provides:

      Sec. 59. (5) The amendments to ORS 659A.029 by section 47 of this 2023 Act apply to unlawful employment discrimination occurring before, on or after the effective date of this 2023 Act [July 13, 2023]. [2023 c.228 §59(5)]

Notes of Decisions
Cited in 3 cases, 2010–2020 · leading case: H. K. v. Spine Surgery Ctr. of Eugene, 470 P.3d 403 (Or. Ct. App. 2020).
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H. K. v. Spine Surgery Ctr. of Eugene, 470 P.3d 403 (Or. Ct. App. 2020). · cites it 3× “Defendants assign error to the trial court’s admission into evidence of documents related to a Bureau of Labor Industries (BOLI) investigation of a sexual harassment complaint against the clinic by another former employee.”
Maxwell v. Kelly Servs., Inc., 730 F. Supp. 2d 1254 (D. Or. 2010). · cites it 3× “42 U.S.C. § 2000e(k). Employers must treat pregnant women “the same .”
Kemp v. Masterbrand Cabinets, Inc., 307 P.3d 491 (Or. Ct. App. 2013). “” ORS 659A.029, in turn, illuminates further what it means to discharge an employee because of her sex: “For purposes of ORS 659A.”
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