With a pandemic and wildfires, it is understandable that many Oregon employers have not yet taken steps to comply with the Workplace Fairness Act (“Act”) that takes effect on October 1, 2020.

The Act applies to all employers with at least one employee. Among other things, the Act:

• requires employers to update their anti-discrimination policies;
• likely requires modification of non-disclosure, non-disparagement, and separation/release agreements; and
• requires mandatory distribution of updated policies to existing employees and new hires, as well as distribution to any employees bringing forth harassment or discrimination complaints.

The Oregon Bureau of Labor and Industries (BOLI) published a model policy that will assist employers with compliance with the new law, but we recommend working with counsel to modify not only your policies or handbook, but to update non-disclosure, non-disparagement, and any separation agreements used by your organization to ensure that your distribution plans are consistent with the requirements of the new law.