Oregon Statutes 244.049 – Prohibition on use of moneys to make payments in connection with nondisclosure agreement relating to workplace harassment
(1) A holder of public office or candidate may not:
Terms Used In Oregon Statutes 244.049
- Candidate: means an individual for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is printed on a ballot or is expected to be or has been presented, with the individual's consent, for nomination or election to public office. See Oregon Statutes 244.020
- Personal property: All property that is not real property.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Public office: has the meaning given that term in ORS § 260. See Oregon Statutes 244.020
(a) Use public moneys to make payments in connection with a nondisclosure agreement relating to workplace harassment; or
(b) Use moneys received from a third party to make payments in connection with a nondisclosure agreement relating to workplace harassment if the alleged harassment occurred when the holder of public office or candidate was acting as a holder of public office or candidate.
(2) A nondisclosure agreement made in violation of this section is void and may not be enforced by a court of this state.
(3) As used in this section:
(a) ‘Payments in connection with a nondisclosure agreement’ includes any form of consideration provided in exchange for the silence of an individual on issues relating to workplace harassment, including but not limited to:
(A) Money;
(B) Stock, personal property or other items with a resale value;
(C) Severance pay or benefits for an individual who resigned or was fired from a place of employment without cause;
(D) The promise of a positive reference or assistance in obtaining future employment in a position in which the individual’s salary is paid for with public moneys;
(E) The promise of a bonus payment of moneys in addition to the individual’s salary;
(F) Alternative work arrangements that have the effect of reducing the amount of work required to be performed by the individual, or of removing the individual from the workplace; or
(G) Any agreement that terminates the employment of the individual and includes a waiver of past or future claims against the holder of public office, the public body or any public employee.
(b) ‘Public office’ has the meaning given that term in ORS § 260.005.
(c) ‘Workplace harassment’ means conduct that constitutes discrimination prohibited by ORS § 659A.030, including conduct that constitutes sexual assault as defined in ORS § 181A.323.
(4) This section does not prevent a holder of public office from using public moneys to make payments in connection with the receipt of a legally required confidential or privileged report of discrimination, sexual assault or harassment, including workplace harassment. [2019 c.462 § 3]
REPORTING