A new, more restrictive version of the Oregon Workplace Fairness Act took effect on January 1, 2023. Oregon employers remain limited in their ability to enter into certain terms in agreements with employees claiming discrimination and harassment under certain statutes, including confidentiality, non-disparagement, and no-rehire terms.
The prior law restricted confidentiality terms that prevented the employee from disclosing or discussing conduct that constitutes discrimination and that occurred between employees or between an employer and an employee in the workplace or at a work-related event. The new amendments also restrict confidentiality terms that prevent the disclosure of the amount of or fact of any settlement with any employee if the agreement releases a covered discrimination claim.
