The Oregon legislature has passed amendments to the Workplace Fairness Act clarifying that workplace agreements with a release of claims cannot include confidentiality or nondisparagement provisions, among other clarifications and changes.
If Governor Kate Brown signs Senate Bill 1586 (SB 1586) into law, the amendments will become effective January 1, 2023.
Effective October 1, 2020, the Workplace Fairness Act, in part, made it unlawful for an employer to require certain employees to enter into agreements preventing them from disclosing or discussing workplace discrimination and sexual assault.
The Act permitted parties to include confidentiality and nondisparagement terms in their agreements only in certain situations, including when an employee “requested to enter into the agreement.”
The law was vague on the processes by which contracting parties can identify whether an employee requested confidentiality or nondisparagement provisions.
(For more on the Workplace Fairness Act, see our article, New Oregon Law Restricts Nondisclosure, Nondisparagement Provisions in Workplace Agreements.)
In its 2022 session, Oregon’s legislature revised the Act to clarify and amend its terms. If signed by the governor, SB 1586 does the following:
Expressly prohibits employers from asking employees to request confidentiality or nondisparagement terms when the agreement includes a release of claims.
Expressly prohibits employers from conditioning...
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