2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 659A - Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement › Section 659A.370 - Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct; exceptions; remedies.

(1) Except as provided in subsections (2) or (4) of this subsection, it is an unlawful employment practice for an employer to enter into an agreement with a former, current or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a nondisparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing conduct:
(a)(A) That constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault; or
(B) That constitutes discrimination prohibited by ORS 659A.082 or 659A.112; and
(b)(A) That occurred between employees or between an employer and an employee in the workplace or at a work-related event that is off the employment premises and coordinated by or through the employer; or
(B) That occurred between an employer and an employee off the employment premises.
(2)(a) Whenever an employer and a former, current or prospective employee enter into an agreement, the terms of which release a claim brought against the employer by an employee alleging the occurrence of unlawful conduct described in subsection (1)(a) and (b) of this section, the agreement may include one or more of the following provisions only when the employee who is a party to the agreement requests the inclusion of such provisions in the agreement:
(A) A provision described in subsection (1) of this section;
(B) A provision that prevents the disclosure of the amount of or fact of any settlement; or
(C) A no-rehire provision that prohibits the employee from seeking reemployment with the employer as a term or condition of the agreement.
(b) It is a violation of this subsection for an employer or former employer to:
(A) Make an offer of settlement conditional upon a request to include in the agreement the provisions described in paragraph (a) of this subsection.
(B) Fail to provide a person with whom the employer seeks to enter into the agreement a copy of the policy described in ORS 659A.375.
(3)(a) An agreement entered into under subsection (2) of this section must provide that the employee has at least seven days after executing the agreement to revoke the agreement.
(b) The agreement may not become effective until after the revocation period has expired.
(4) The prohibitions under subsection (1) of this section do not apply to agreements entered into between an employer and a former, current or prospective employee if an employer makes a good faith determination that the employee has engaged in conduct prohibited by ORS 659A.030, including sexual assault, conduct prohibited by ORS 659A.082 or 659A.112 or conduct prohibited by this section.
(5) An employee may file a complaint under ORS 659A.820 for violations of this section and may bring a civil action under ORS 659A.885 and recover a civil penalty of up to $5,000 and relief as provided by ORS 659A.885 (1) to (3).
(6) This section does not apply to an employee who is tasked by law to receive confidential or privileged reports of discrimination, sexual assault or harassment.
(7) Except to the extent provided under subsections (2) and (4) of this section, provisions included in an agreement in violation of this section are void and unenforceable.
(8) Nothing in this section prohibits an employer from enforcing a nondisclosure or nondisparagement agreement that is unrelated to the conduct described in subsection (1) of this section.
(9) As used in this section, "sexual assault" means unwanted conduct of a sexual nature that is inflicted upon a person or compelled through the use of physical force, manipulation, threat or intimidation. [2019 c.343 §2; 2022 c.107 §1]