Oregon has amended its anti-retaliation rules related to health and safety protections. Senate Bill 843 is effective immediately.
Background:
Under ORS 654.062, employers are prohibited from retaliating against employees for exercising their rights to a safe and healthy work environment. Employees may engage in protected activities, such as opposing any practice prohibited under law or filing a complaint or participating in a proceeding related to an alleged violation, without being subject to retaliation.
Any employee or prospective employee alleging to have been barred or discharged from employment or otherwise discriminated against for engaging in protected activity may file a complaint with the Commissioner of the Bureau of Labor and Industries within 90 days.
Senate Bill 483:
In any action brought under ORS 654.062, there is an assumption that retaliation has occurred if an employer bars or discharges an employee or prospective employee from employment or otherwise discriminates against an employee or prospective employee within 60 days after the employee or prospective employee has engaged in any protected activities. However, it is up to the employee to demonstrate that a violation occurred.
Compliance Recommendation:
Oregon employers should review Senate Bill 483 and ensure all supervisors receive anti-retaliation training. Please contact your dedicated service professional with any questions.