ORS 244.049
Prohibition on use of moneys to make payments in connection with nondisclosure agreement relating to workplace harassment


(1)

A holder of public office or candidate may not:

(a)

Use public moneys to make payments in connection with a nondisclosure agreement relating to workplace harassment; or

(b)

Use moneys received from a third party to make payments in connection with a nondisclosure agreement relating to workplace harassment if the alleged harassment occurred when the holder of public office or candidate was acting as a holder of public office or candidate.

(2)

A nondisclosure agreement made in violation of this section is void and may not be enforced by a court of this state.

(3)

As used in this section:

(a)

“Payments in connection with a nondisclosure agreement” includes any form of consideration provided in exchange for the silence of an individual on issues relating to workplace harassment, including but not limited to:

(A)

Money;

(B)

Stock, personal property or other items with a resale value;

(C)

Severance pay or benefits for an individual who resigned or was fired from a place of employment without cause;

(D)

The promise of a positive reference or assistance in obtaining future employment in a position in which the individual’s salary is paid for with public moneys;

(E)

The promise of a bonus payment of moneys in addition to the individual’s salary;

(F)

Alternative work arrangements that have the effect of reducing the amount of work required to be performed by the individual, or of removing the individual from the workplace; or

(G)

Any agreement that terminates the employment of the individual and includes a waiver of past or future claims against the holder of public office, the public body or any public employee.

(b)

“Public office” has the meaning given that term in ORS 260.005 (Definitions).

(c)

“Workplace harassment” means conduct that constitutes discrimination prohibited by ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, national origin, marital status, age or expunged juvenile record prohibited), including conduct that constitutes sexual assault as defined in ORS 181A.323 (Definitions for ORS 181A.323 to 181A.328).

(4)

This section does not prevent a holder of public office from using public moneys to make payments in connection with the receipt of a legally required confidential or privileged report of discrimination, sexual assault or harassment, including workplace harassment. [2019 c.462 §3]

Source
Last accessed
May. 15, 2020