New year, new challenges for Oregon employers

The 2019 version of Oregon's biennial legislative session brought some significant changes to the state's employment laws and new action items for employers. Happy New Year!

Review document retention policies

Oregon Senate Bill 726, the Workplace Fairness Act, makes a number of dramatic changes to the state's employment discrimination laws, many of which don't go into effect until October 20, 2020. However, on January 1, 2020, the statute of limitations for discrimination claims in the state increased from one year to five years.

Oregon employers should review their document retention policies to ensure they keep relevant employment documents for at least five years. Many employers already use a minimum six-year retention period because the statute of limitations for filing a breach of employment contract claim in the state is six years.

Update pregnancy accommodation policy and training

Effective January 1, 2020, Oregon employers with six or more employees must provide reasonable accommodations to pregnant employees. They will now be entitled to the same types of accommodation and interactive process requirements available to workers with a disability under state and federal law.

Oregon House Bill 2441, the Employer Accommodation for Pregnancy Act (EAPA), requires reasonable accommodations for any known limitations related to pregnancy and childbirth or their associated medical conditions. The law suggests some potential accommodations such as: