All employers are required by law to have a clear policy to reduce and prevent harassment, discrimination, and sexual assault, as a result of legislative action in 2019. The Oregon Workplace Fairness Act requires all Oregon employers to adopt a written policy containing procedures and practices to reduce and prevent specific types of unlawful discrimination and sexual assault.
At a minimum, the policy must:
(a) Provide a process for employees to report prohibited conduct;
(b) Identify the individual or position (for example the Store Manager or HR Director) as well as an alternate individual or position to whom an employee can report of prohibited conduct;
(c) Include a statement that an employee who pursues legal action on alleged conduct prohibited by ORS 659A.030, 659A.082 or 659A.112 must do so no later than five years after the occurrence of the violation;
(d) Include a statement that an employer may not require or coerce an employee to enter into a nondisclosure or non-disparagement agreement, including a description of the meaning of those terms;
(e) Include an explanation that an employee claiming to be aggrieved by unlawful discrimination or sexual assault may voluntarily request to enter into a settlement, separation or severance agreement which contains a nondisclosure, non-disparagement, or no-rehire provision only if the employee has at least seven days to revoke the agreement after signing; and
(f) Include a statement that advises employers and employees to document any incidents involving unlawful discrimination and sexual assault.
All employers must:
(a) Make the policy available to employees within the workplace;
(b) Provide a copy of the policy to each employee at the time of hire; and
(c) Require any individual who is designated by the employer to receive complaints to provide a copy of the policy to an employee at the time that the employee discloses information regarding prohibited discrimination or harassment.