Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions

ORS 659A.375
Employer policies relating to prevention of discrimination and sexual assault

  • requirements


(1)

Every employer in this state shall adopt a written policy containing procedures and practices for the reduction and prevention of 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 sexual assault, as defined in ORS 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct), and discrimination prohibited by ORS 659A.082 (Discrimination against person for service in uniformed service prohibited) and 659A.112 (Employment discrimination).

(2)

At a minimum, the policy must:

(a)

Provide a process for an employee to report prohibited conduct;

(b)

Identify the individual designated by the employer who is responsible for receiving reports of prohibited conduct, including an individual designated as an alternate to receive such reports;

(c)

Include the statute of limitations period applicable to an employee’s right of action for alleging unlawful conduct described in subsection (1) of this section;

(d)

Include a statement that an employer may not require or coerce an employee to enter into a nondisclosure or nondisparagement agreement, including a description of the meaning of those terms;

(e)

Include an explanation that an employee claiming to be aggrieved by conduct described in subsection (1) of this section may voluntarily request to enter into an agreement described in ORS 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) (2), including a statement that explains that the employee has at least seven days to revoke the agreement; and

(f)

Include a statement that advises employers and employees to document any incidents involving conduct 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 sexual assault as defined in ORS 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct), or conduct prohibited by ORS 659A.082 (Discrimination against person for service in uniformed service prohibited) and 659A.112 (Employment discrimination).

(3)

An employer shall:

(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.

(4)

The Bureau of Labor and Industries shall make available on the bureau’s website model procedures or policies that employers may use as guidance to establish the policy described in this section.

(5)

Nothing in this section is intended to relieve an employer of liability for engaging in conduct that is prohibited under ORS chapter 659A. [2019 c.343 §3]
Note: 659A.375 (Employer policies relating to prevention of discrimination and sexual assault) becomes operative October 1, 2020. See section 11, chapter 343, Oregon Laws 2019.
§§ 659A.250 to 659A.262

(formerly 659.280 to 659.290)

Law Review Citations

26 WLR 394-395 (1990)

§§ 659A.150 to 659A.186

Notes of Decisions

Termination of employment in retaliation for invoking Oregon Family Leave Act rights constitutes wrongful discharge in violation of public policy. Yeager v. Providence Health System Oregon, 195 Or App 134, 96 P3d 862 (2004), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021