Business Lawyers Blog
Under the Oregon Workforce Fairness Act (OWFA), employers are generally prohibited from entering into agreements with employees that include either a confidentiality provision or a non-disparagement provision. The law aims to empower employees to speak out about discrimination and sexual assault, which the legislature has recognized as being in the public interest. Therefore, employers should avoid including these prohibited provisions in their agreements. Contact the Portland office of Structure Law Group, LLP, for help with understanding your obligations under the law. An Oregon employment law attorney can discuss any potential lawsuits, and our firm can provide confidential advice, and draft settlement or other agreements for use with employees.
Broad Prohibition on These Restrictions
The law does not ban all confidentiality or non-disparagement agreements. Instead, it limits these agreements when they relate to discrimination or sexual assault. A confidentiality agreement cannot stop an employee from discussing or revealing any conduct that counts as discrimination, including sexual assault, whether it happens between employees or between an employee and employer.