Oregon’s Workplace Fairness Act, enacted June 11, 2019, requires all Oregon employers to adopt by October 1, 2020, a written policy that describes the employer’s procedures and practices to report and prevent discrimination, harassment, and sexual assault. At a minimum, the policy must:

1. Provide a process for employees to report prohibited conduct, including identifying the person, and an alternate, to whom employees can report,
2. Include the applicable statute of limitations for the employee to bring a legal claim,
3. Include a statement that an employer may not require or coerce an employee to enter into a nondisclosure or non-disparagement agreement that prevents the employee from discussing discrimination or sexual assault that occurred at work or between employees, but the employee may request that a nondisclosure or non-disparagement clause be included, and if they choose to include one, the employee has seven days after the agreement is signed to change their mind before the agreement becomes final, and
4. Include a statement advising employees to document any incidents involving prohibited discrimination, harassment, or sexual assault.

If you have questions about these requirements, or want assistance with updating your handbook, please feel free to contact Employment Attorney Shane Swilley.