Oregon Workplace Fairness Act - The Complete Guide for 2025

The Oregon Workplace Fairness Act (OWFA) addresses discrimination and sexual harassment in the workplace, which includes requirements regarding diversity, equity, and inclusion (DEI). All employers in the state of Oregon are required to provide a written policy that reviews specific actions that must be taken to prevent these unlawful behaviors.

The OWFA is just one of many Oregon Labor Laws employers need to comply with. Here is what employers need to know about managing OWFA requirements and maintaining compliance.

Oregon Workplace Fairness Act Overview

The Oregon Workplace Fairness Act (OWFA) includes requirements regarding discrimination based on protected classes in Oregon. 

Under the OWFA, employers and employees are not allowed to participate in harassment regarding race, color, sex, sexual orientation, national origin, religion, marital status, uniformed service disability, or age.

What is Sexual Harassment?

Sexual harassment includes unwelcomed sexual advances, requests for sexual favors, or conduct of a sexual nature (verbal, physical, or visual).

This can also include harassment that is not of a sexual nature, but rather regarding someone's gender, opposite or the same.

Oregon Protected Classes

Discrimination is defined as the mistreatment of protected classes. Compared to the federal government, the state of Oregon has more protections for employees, granting workers protection from an employer not hiring an applicant based on these protected classes:

• Race
• Color
• National origin
• Religion
• Disability
• Sex (including pregnancy)
• Sexual orientation
• Gender identity
• Age
• Marital status

Employees that fall under any of these protected classes are further granted protections from the following:

• Retaliation
  • Includes leave retaliation under the Oregon Family Leave Act (for companies with more than 25 employees)
• Taking leave before or during the leave of a spouse or same-sex domestic partner who is a member of the armed forces
• Physical or mental disabilities

Statute of Limitations

In Oregon, employees have up to five years, typically, to file a charge for discrimination under OWFA. This is a result of statistical proof that most victims of such discrimination take more than a year on average to come forward. 

Employer Requirements

In terms of OWFA, there are certain requirements an employer must meet aside from simple compliance with the law.

All employers are required to:

• Make their policy available to all employees within the workplace
• Upon hire, provide a copy of the policy to each employee
• Provide each person with written documents in the language they use to communicate with their employer for the following:
  • The company's non-discrimination policies
  • Agreements that waive the person’s ability to sue based on a discrimination claim (discrimination defined under ORS 659A.030, 659A.082, or 659A.112)
• Provide the person receiving complaints of discrimination or harassment a copy of the company’s non-discrimination policies at the time a complaint is made

Oregon Non-Discrimination Policy Requirements

The primary responsibility of employers regarding the Oregon Workplace Fairness Act is to have a written non-discrimination policy. This policy must meet certain Oregon Bureau of Labor & Industries (BOLI) requirements. BOLI provides policy requirements as well as a template for employers to fill in and use.

Employers must include the following in their policy:

• A process for an employee to report prohibited conduct
• Identify a person or a position that an employee can report unwanted behavior to including an alternative person or position
• The statute of limitations period, which details that an employee pursuing legal action must do so within 5 years of the occurrence of the violation
• A statement that an employer may not require or coerce an employee to enter into a non-disclosure or non-disparagement agreement
• An explanation that, for employees claiming to be aggrieved by prohibited conduct, may voluntarily request to enter any of the following:
  • A settlement
  • A separation
  • A severance agreement that contains either a nondisclosure, non-disparagement, or no-rehire provision (the employee will have at least seven days to revoke the agreement after signing)
• A statement that advises employers and employees to document any incidents of prohibited conduct

Non-Disclosure or Non-Disparagement Provisions

Under the Workplace Fairness Act, employers cannot ask for a non-disclosure or non-disparagement provision during employment agreements with employees who have made claims of some form of discrimination.

Exceptions include:

• If an employee claiming to be aggrieved by prohibited conduct voluntarily requests either a non-disclosure or a non-disparagement provision and does not revoke their agreement past the seven-day period
• If the employer makes a good faith determination that the employee has engaged in protected class discrimination (The employee then does not have to request a provision)

Another important thing for employers to note is that severance agreements may be voided for any managers who violate harassment or discrimination policies.

Get Help With Oregon Compliance Management

With legislation constantly changing, it helps if you are an Oregon business to have an HR and payroll company watching your back, making sure that your business is staying compliant and avoiding hefty fines.

Businesses that are struggling to manage compliance, or who are simply not able to take the time to manage compliance should consider reaching out to an Oregon HR and Payroll Company for help. 

To learn more about how HCM can help manage compliance, contact us today. Or get connected with an Oregon HR provider now.

Guest Author: Scott Herson-Hord

Scott Herson-Hord is the CEO of Great Northern Staff Administrators (GNSA), an Oregon payroll and HR services company that specializes in serving small to mid-size businesses with administrative solutions to streamline back-office processes from benefits to human resources. Starting his career in finance and working more than 10 years as a controller for various companies, Scott leveraged this experience over the next 22 years with GNSA to become one of the pacific northwest’s foremost experts in human capital management (HCM).