Oregon’s Governor signed Senate Bill 483 into law on June 15, 2021 amending the state’s Safe Employment Act to increase protection for workplace safety complaints.
The Act creates a “rebuttable presumption of retaliation” if an employer takes an adverse action (e.g., denial of promotion, non-hire, denial of job benefits, demotion, suspension, termination) against an employee or prospective employee within 60 days of the individual making a complaint about, opposing or reporting unsafe work practices.
This bill essentially places the burden of proof on the employer to show it wasn’t retaliating against the individual for participating in this type of protected activity when taking the adverse action. Previously, the burden of proof was on the employee to show that retaliation occurred.
Employers may refute the presumption of retaliation by demonstrating a “preponderance of evidence” that it acted in a non-retaliatory manner in taking adverse employment action. As an example, employers will want to ensure they have strong documentation to show that the reason for taking any adverse action against an individual was not related to their protected activity.