Oregon Workplace Fairness Act: Summary & Action for Employers

by | Jun 24, 2019 | Employment Law

Summary of Oregon Workplace Fairness Act

The Oregon Workplace Fairness Act was recently signed into law by Governor Brown. Most of the provisions will take effect on or about October 1, 2019, and apply to all Oregon employers regardless of size. Following is a summary of some of the Act’s main provisions:

  • All OR employers must have a written policy aimed at reducing and preventing discrimination and harassment.  The law outlines specific compliance for employer policies.  Employers will be required to make the policy available to all current employees and new employees upon hire and also at the time a complaint is made.  BOLI will create model policies for employers to use as guidance later this year.
  • The Act extends the statute of limitations for filing harassment, discrimination, and retaliation claims from one (1) year to five (5) years.
  • Employers may not require an employee or prospective employee to sign a non-disclosure, non-disparagement, or other types of agreements that would prohibit them from disclosing or discussing discrimination, sexual assault or harassment based on protected classes.  An employer may enter into a non-disclosure and/or no-rehire agreement in a settlement, separation or severance agreement if the employee claiming to be the victim of discrimination, sexual assault or harassment requests it, and they are provided at least seven (7) days to revoke the agreement after signing it.
  • If an employer makes a good faith determination that an employee has engaged in conduct such as discrimination, sexual assault or harassment, the employer may enter into a non-disclosure and/or no-rehire agreement in a settlement, separation or severance agreement with that employee.

View the full text of the Workplace Fairness Act.
 

Immediate Action for Oregon Employers

  • Review discrimination and harassment prevention policies to ensure compliance no later than October 1, 2019.
  • OR employers who use non-disclosure, non-disparagement, or separation/severance agreements should consult with an employment attorney to have the agreements reviewed and updated for compliance.

Proactive Steps for Oregon Employers