Oregon’s Workplace Fairness Act

The Oregon Workplace Fairness Act was signed into law earlier this year and grows out of the #MeToo movement.  It is a broad change and covers all employers in Oregon.

What do you need to know?

  • All Oregon employers must have a written policy aimed at reducing and preventing discrimination and harassment.  Employers are required to make the policy available to current employees and new employees and when a complaint is made.
  • The Act extends the statue of limitations for filing harassment, discrimination, and retaliation claims from 1 year to five years. This is for all conduct after September 28, 2019.
  • 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.
  • The Act allows employers to void severance agreements for managers who violate harassment or discrimination policy.

What do you need to do?

  • Review your current harassment policy.  Your policy must be updated to comply with the new law by October 1, 2020. If you currently do not have one you need to put one in place and release to all staff by October 1, 2020.
  • Review your current record retention for employee information to ensure you are keeping all required employee information.
  • If you want to enter into settlement or severance agreements with employees consult with legal counsel to ensure you are following the rules of the new law.

If you have any questions or would like help creating or updating your harassment policy, please contact our office.

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