New Oregon Workplace Fairness Act Restrictions Take Effect

A new, more restrictive version of the Oregon Workplace Fairness Act took effect on January 1, 2023. Oregon employers remain limited in their ability to enter into certain terms in agreements with employees claiming discrimination and harassment under certain statutes, including confidentiality, non-disparagement, and no-rehire terms.

The prior law restricted confidentiality terms that prevented the employee from disclosing or discussing conduct that constitutes discrimination and that occurred between employees or between an employer and an employee in the workplace or at a work-related event. The new amendments also restrict confidentiality terms that prevent the disclosure of the amount of or fact of any settlement with any employee if the agreement releases a covered discrimination claim. Under the prior and new law, an employee may request the inclusion of such provisions. If such provisions are included, the agreement must provide that the employee has at least seven days after executing the agreement to revoke the agreement. Some specific exceptions apply.

For a further discussion about the new Oregon Workplace Fairness Act, please see DWT's prior blog post.