Time for a change: Oregon's Workplace Fairness Act goes into effect

Major elements of the Oregon Workplace Fairness Act (OWFA) took effect October 1, 2020. The 2019 Oregon Legislature passed the Act in response to concerns voiced by the #MeToo movement. On January 1, 2020, the time to file most discrimination claims under state law with the Oregon Bureau of Labor and Industries (BOLI) or in the courts was extended from one year to five years. Because the remainder of the law is now in effect, you should review your workplace discrimination and harassment policies, employment agreements, and settlement agreements to ensure compliance.

Review nondiscrimination and harassment policies

Effective October 1, all Oregon employers must have a written harassment and discrimination policy. Most already have a written policy for discrimination prevention that includes procedures for reporting and dealing with discrimination and harassment. Even those with well-developed policies, however, will need to revise them to meet the following additional requirements: