In 2019, the Oregon Legislature passed the Workplace Fairness Act, which required employers to adopt a written anti-harassment and anti-discrimination policy by October 1, 2020.

The Act requires that an employer’s written anti-harassment and anti-discrimination policy must include the following:

• Specific process for reporting prohibited conduct;
• Individual (or position) and an alternate identified who are responsible for receiving reports of prohibited conduct (e.g., Vice President of HR, Plant Manager);
• Notification to employees that they have five years from the date of the prohibited conduct to bring a claim;
• Statement that an employer may not require or coerce an employee to enter into a non-disclosure or non-disparagement agreement, with a definition of those terms;
• Explanation that an employee may voluntarily request to enter into an agreement with a non-disclosure, non-disparagement, and no-rehire clauses, provided the employee is given seven days to revoke the agreement; and
• Statement advising employers and employees to document any incidents involving alleged prohibited conduct under the Act.

Earlier this summer, BOLI issued a template policy. Employers may, but are not required to, use BOLI’s template policy for their organization.

UEA created a sample policy that meets the requirements of the Act for its members. We recommend tailoring one of these sample policies for your organization.

By October 1, 2020, employers must make the anti-harassment and anti-discrimination policy available to all employees within the workplace, provide a copy of the policy to all new hires, and provide a copy to an employee who reports information regarding alleged prohibited conduct.

More information regarding the Workplace Fairness Act can be found in this October 2019 Newsletter article.

UEA Attorneys are available to assist members with modifying their anti-harassment and anti-discrimination policy to ensure compliance with the requirements of the Workplace Fairness Act or any other questions members may have regarding the Act.

Contact us for more information about these new changes at EmployerHelpline@UnitedEmployers.org or 503.595.2170.