Contact Steve today for a consultation with a disability discrimination lawyer in Portland
503-568-1267 • steve@elzielaw.com

As a former Supervising Attorney with Disability Rights Oregon, Steve is committed to protecting people with disabilities.  Steve understands and is committed to navigating complex issues related to disabilities, reasonable accommodations, and sick leave or medical leave.  At DRO, Steve gained invaluable experience representing people with serious physical conditions, mental illness, and developmental disabilities. Steve continues to represent individuals with disabilities in Portland and throughout Multnomah County. With an office just four blocks from the Multnomah County Circuit Court, Steve devote a significant amount of his practice to Portland residents who have been fired after taking medical leave

While disabled Oregonians face unique challenges in the workplace, they are also afforded strong protections under both State and Federal law.  These protections can be difficult to navigate.  If you or a loved one faces disability-related challenges at work or was terminated in relation to a disability or medical leave, it’s import that you find a skilled and experienced attorney to fully exercise your rights.

What qualifies as a disability for on-the-job protections? 

Disabilities can include both long-term conditions and some short-term conditions.  Broadly speaking, a disability is a condition that limits one or more major life activities.  Oregon law, under ORS 659A, excludes conditions that are “minor” and have “an actual or expected duration of six months or less.”  Careful analysis and sometimes medical opinion can be necessary to determine whether an individual experiences a qualifying disability.  Oftentimes, however, an individual may have legal protections for a short-term disability when they took time off to deal with that disability.

I took time off work for a medical condition – what are my rights when I come back to work?

Protections for time off are legally found in a number of sources, including Paid Leave Oregon, the Oregon Family Leave Act (“OFLA”), and the federal Family and Medical Leave Act (“FMLA”).  Leave for protections may also be available under Oregon law in addition to the federal Americans with Disabilities Act (“ADA”), specifically in the form of reasonable accommodations.  Extended leave and holding open a person’s job can be argued for as a disability accommodation, even when periods of leave have been exhausted under other statutes and sources of law.  All too often, employees will take medical leave, only to face harassment, demotions, poor performance reviews, and ultimately termination upon their return.

Some protections for leave are limited to employers of a certain size.  Broadly speaking, this is based on a recognition by lawmakers that small mom-and-pop employers with just two or three employees may not be able to easily hire temporary replacement workers or hold a position open for an employee who is on leave.  There are, of course, some exceptions to this rule, so it’s important to speak with a skilled and experienced attorney to help navigate these issues.

Can I get a reasonable accommodation at work?  Does my employer have to work with me to help me do my job effectively?  And what about the “interactive process”?

Frequently, individuals with disabilities will require reasonable accommodations at work.  This can include everything from flexible schedules to time off, modified duties, and the use of specialized equipment.  A right to an accommodation is not absolute, and sometimes an employer can seek to deny an accommodation based on business needs.  Other times, there may be issues surrounding whether an employer challenges that there was a bona fide need for an accommodation.  Or, cynically, they may simply challenge an employees’ needs in order to skirt the law.  Employers are often required to engage in an “interactive process.”  Of course, the requirements and contours of that process can change from case to case – just one more reason you should always seek out a strong advocate on your side to help you navigate and understand these challenges.