Oregon Revised Statutes Chapter 243 § 243.319 — Written policy regarding workplace harassment; requirements

Written policy regarding workplace harassment; requirements. (1) A public employer shall establish and adopt a written policy that seeks to prevent workplace harassment that occurs 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 between an employer and an employee off the employment premises. (2) The policy must include: (a) A statement prohibiting workplace harassment; (b) Information explaining that a victim of workplace harassment has a right to seek redress through the employer’s internal process provided under ORS 243.321, through the Bureau of Labor and Industries’ complaint resolution process under ORS 659A.820 to 659A.865 or under any other available law, whether civil or criminal, including: (A) The timeline under which relief may be sought; (B) Any available administrative or judicial remedies; and (C) The advance notice of claim against a public body that a claimant must provide as required under ORS 30.275; (c) A statement that a person who reports workplace harassment has the right to be protected from retaliation; (d) A statement of the scope of the policy, including that the policy applies to elected public officials, volunteers and interns; (e) An explanation that a victim of workplace harassment may voluntarily disclose information regarding an incident of workplace harassment that involves the victim; (f) Information to connect a victim of workplace harassment with legal resources and counseling and support services, including any available employee assistance services; (g) A statement that an employer may not require or coerce an employee to enter into a nondisclosure or nondisparagement agreement, including a description of the meaning of those terms; (h) An explanation that an employee claiming to be aggrieved by workplace harassment may voluntarily request to enter into an agreement described in ORS 243.323 (2), including a statement that explains that the employee has at least seven days to revoke the agreement; and (i) A statement that advises employers and employees to document any incidents of workplace harassment. (3) A public employer shall provide a copy of the policies described in this section to each employee and shall include a copy of the policies in any orientation materials that are provided to new employees at the time of hire. (4) If an employee discloses any concerns about workplace harassment to a supervisor of the employer, or to a designated individual as described in ORS 243.321 (3), the supervisor or designated individual shall, at the time of the disclosure, provide to the employee a copy of the policy described in this section. (5) A public employer shall provide to each person with whom the employer seeks to enter into an agreement, as described under ORS 243.323 (2), a copy of the policies described in this section in the language that the employer typically uses to communicate with the person. (6) A policy established under this section must comply with the requirements for a written policy provided under ORS 659A.375. [2019 c.463 §2; 2022 c.107 §7] Note: See note under 243.317.