Oregon: BOLI Issues Model Notices for Anti-Discrimination/Harassment and Pregnancy Accommodations

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The Oregon Bureau of Labor and Industry (BOLI) has released model notices for two laws whose notice requirements have very recently or will soon be going into effect.  These are the Workplace Fairness Act, which covers anti-discrimination and anti-harassment policies, and the Pregnancy Accommodation notice.

Workplace Fairness Act.  Last year, the Oregon legislature passed the Workplace Fairness Act, which implemented various anti-discrimination and anti-harassment protections.  Among these was the requirement for employers to adopt a written anti-discrimination and anti-harassment policy no later than October 1, 2020.  The policy must contain specific information, including:

  • Notification to employees that they have five years to pursue claims of prohibited conduct;
  • Notification to employees that the employer cannot require workers to enter a non-disclosure or non-disparagement agreement;
  • Explain that employees who are claiming to be victims of prohibited conduct may voluntarily request to enter an agreement including non-disclosure, non-disparagement, or no-rehire terms, and that employees have a seven-day revocation period to withdraw such agreement;
  • Advise employees and employers to document any incidents of potentially prohibited conduct.

The Oregon Bureau of Labor and Industries has released a template policy that covers all topics required by the Act, available on the sexual harassment page of its website.  Employers may utilize this template or create their own policy.  The final policy must be distributed to all employees, provided to new employees at time of hire, and provided to an employee who reports information about alleged prohibited conduct.

Pregnancy Accommodation Notice.  Effective January 1, 2020, Oregon employers of six or more employees must provide reasonable accommodations to employees who are limited by pregnancy, childbirth, or related medical conditions.  This requirement extends to known limitations related to pregnancy, even if they are not on the level of a disabling condition.

Employers must also conspicuously post a new workplace notice, and provide copies (1) to existing employees as of June 29, 2020, (2) at time of hire, and (b) within 10 days of an employee informing them of their pregnancy status.  A template notice is now available from the Oregon BOLI website.

Action Items

  1. Modify handbook and written policy documents for compliance with the Workplace Fairness Act by the prescribed deadline.
  2. Train supervisory staff on the interactive process for making pregnancy-related accommodations.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

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