Public Employee Rights and Benefits

ORS 243.323
Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment

  • exceptions
  • remedy for violation


(1)

Except as provided in subsection (2) or (4) of this section, it is an unlawful employment practice under ORS chapter 659A for a public employer to enter into an agreement with an employee or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a nondisparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing workplace harassment:

(a)

That occurred between employees or between an employer and an employee in the workplace or at a work-related event that is off the employment premises and coordinated by or through the employer; or

(b)

That occurred between an employer and an employee off the employment premises.

(2)

A public employer may enter into a settlement, separation or severance agreement that includes one or more of the following provisions only when an employee claiming to be aggrieved by workplace harassment described under subsection (1) of this section requests to enter into the agreement:

(a)

A provision described in subsection (1) of this section;

(b)

A provision that prevents the disclosure of factual information relating to the claim of discrimination or conduct that constitutes sexual assault; or

(c)

A no-rehire provision that prohibits the employee from seeking reemployment with the employer as a term or condition of the agreement.

(3)

(a) An agreement entered into under subsection (2) of this section must provide that the employee has at least seven days after executing the agreement to revoke the agreement.

(b)

The agreement may not become effective until after the revocation period has expired.

(4)

If an employer makes a good faith determination that an employee has engaged in workplace harassment described under subsection (1) of this section, the employer may enter into a settlement, separation or severance agreement that includes one or more of the following provisions:

(a)

A provision described in subsection (1) of this section;

(b)

A provision that prevents the disclosure of factual information that relates to the workplace harassment; or

(c)

A no-rehire provision that prohibits the employee from seeking reemployment with the employer as a term or condition of the agreement.

(5)

An employee may file a complaint under ORS 659A.820 (Complaints) for violations of this section and may bring a civil action under ORS 659A.885 (Civil action) and recover relief as provided by ORS 659A.885 (Civil action) (1) to (3).

(6)

This section does not apply to an employee who is tasked by law to receive confidential or privileged reports of discrimination, sexual assault or harassment. [2019 c.463 §4]
Note: 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment) becomes operative October 1, 2020. See section 11, chapter 463, Oregon Laws 2019.
Note: See note under 243.317 (Definitions for ORS 243.317 to 243.323).
Chapter 243

Notes of Decisions

Effect of Public Employe Relations Act is to modify authority of Personnel Division so that, while division retains responsibility for establishing general job salary grades and classifications, specific salary within each range which is paid to employe in public employe bargaining unit is subject to negotiation or arbitration under terms of this chapter. AFSCME v. Executive Dept., 52 Or App 457, 628 P2d 1228 (1981), Sup Ct review denied

Provision of collective bargaining agreement giving present employes lateral transfer rights was valid under ORS 240.321 and fact that its implementation resulted in male succeeding female employe did not violate state affirmative action statutes. State Executive Dept. v. OPEU, 91 Or App 124, 754 P2d 582 (1988)

Atty. Gen. Opinions

State agencies paying carpooling employes' parking fees, (1974) Vol 36, p 1015

Law Review Citations

51 OLR 23, 44 (1971)


Source

Last accessed
Jun. 26, 2021