839-006-0290 - Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities

839-006-0290. Other Statutes, Regulations and Agencies Governing Access by or Discrimination against Persons with Disabilities

(1) Public transportation services, programs, and activities of public entities are subject to Title II of the federal Americans with Disabilities Act and regulated by the U.S. Department of Transportation. See 42 USC 12141 § 221 and 49 CFR § 37. Public transportation is covered by ORS 659A.142(4).

(2) Accessibility of government facilities is subject to Title II of the Americans with Disabilities Act, 42 USC § 12131. The U.S. Department of Justice regulates existing government facilities (28 CFR § 35.150) and new construction and alterations to government facilities (28 CFR § 35.151). The Oregon Department of Consumer and Business Services has jurisdiction over disability access to state and local government facilities in Oregon. See ORS 447.210 to 447.310 and administrative rules and standards adopted pursuant thereto.

(3) The federal Rehabilitation Act provides that no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any federal executive agency or by the United States Postal Service. 29 USC § 794.

(4) Discrimination against individuals with disabilities in employment is subject to ORS 659A.103 to 659A.139 and OAR 839-006-0200 to 0265.

(5) Discrimination against individuals with disabilities by places of public accommodation, which include public bodies with some exceptions, is subject to ORS 659A.142(4), 659A.400 and OAR 839-006-0300 to 0335.

(6) Assistance animals in places of public accommodation or access to state government are subject to ORS 659A.143 and OAR 839-006-0345.

(7) Discrimination against individuals with disabilities in real property transactions is subject to ORS 659A.142, 659A.145 and OAR 839-005-0195 to 839-005-0220.

(BLI 21-2005, f. 10-20-05, cert. ef. 10-21-05; BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08; BLI 8-2010, f. & cert. ef. 2-24-10; BLI 15-2013, f. & cert. ef 12-30-13; BLI 12-2015, f. & cert. ef. 8-28-15)

Stat. Auth.: ORS 659A.805

Stats. Implemented: ORS 659A.103-143, 659A.400

The following state regulations pages link to this page.