Oregon: Legislative Updates
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Quick Look
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Discussion
A pair of laws and regulatory action will keep Oregon employers busy this summer. The key provisions of these requirements are summarized below.
Employer’s Duty Regarding Allegations of Harassment. Oregon’s Bureau of Labor and Industries (BOLI) issued a proposed rule which creates additional criteria for evaluating what constitutes “appropriate corrective action” and “promptly correcting harassing behavior” under current law for employers responding to harassment complaints. These factors include, but are not limited to, whether the employer:
- Intervenes without avoidable delay to effectively halt harassing behavior;
- Adequately investigates and ascertains the extent of harassing behavior;
- Takes appropriate disciplinary measures proportionate to the seriousness of the offense;
- Does not penalize the reporting employee or make the aggrieved party worse off; and
- Effectively acts to prevent further harassment or retaliation against the reporting employee or aggrieved party for reporting or exercising rights concerning harassing behavior.
These changes may complicate existing law rather than clarify them. For example, the proposed rule may create an opportunity for an employee to criticize the discipline selected by the employer for the alleged harasser.
Anti-Stalking Expansion. Effective July 1, 2024, HB 4156 expands protections under Oregon’s anti-stalking laws by criminalizing new forms of threatening and predatory conduct and expanding employees’ access to paid and unpaid safe leave benefits. The definition of “repeated and unwanted contact” has been expanded to include forms of online harassment, theft or misappropriation of a victim’s personal information, disclosing intimate or sexual images of someone without their consent, using electronic means to monitor or interfere with a victim’s communications or activities, or cause others to harass, humiliate, or injure the victim by disclosing names, images, or personal information.
Additionally, employers with six or more employees must allow employees to take “reasonable leave from employment” for seeking legal or law enforcement assistance to ensure their health and safety from stalkers, obtaining medical treatment or recovering from stalking-related injuries, and receiving counseling from a licensed mental health professional. Paid Leave Oregon also allows employees to take up to 12 weeks of paid leave for specified purposes, including safe leave for those victimized by stalking crimes.
Paid Leave Oregon and OFLA Update. As a reminder, effective July 1, 2024, Paid Leave Oregon and the Oregon Family Leave Act (OFLA) no longer run concurrently. Eligible employees may draw on either OFLA or Paid Leave Oregon (but not both at the same time) for qualifying events. Employers need to notify employees with OFLA leave approved for July 1 or later if OFLA no longer covers their absence. Sample language for the notice can be found on the BOLI website.
Action Items
- Review existing policies and procedures for reporting and investigating harassment claims.
- Review leave policies for employee access to paid and unpaid safe leave benefits.
- Review and revise leave policies to align with OFLA and Paid Leave Oregon requirements.
- Train appropriate personnel on the requirements.
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. © 2024 ManagEase