Oregon Statutes 659A.390 – Restrictions on no-rehire provisions as condition of workers compensation settlements; exceptions; remedy for violation; civil penalties
(1) As used in this section:
Terms Used In Oregon Statutes 659A.390
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Unlawful employment practice: includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. See Oregon Statutes 659A.001
(a) ‘No-rehire provision’ means any provision in an agreement barring a worker from seeking further employment, reemployment or reinstatement with an employer.
(b) ‘Settlement agreement’ means a settlement agreement disposing of all or part of a worker’s claim for workers’ compensation under ORS Chapter 656.
(c) ‘Worker’ means a worker who has applied for benefits or invoked or utilized the procedures provided for in ORS Chapter 656.
(2) With respect to offers to enter into a settlement agreement, it is an unlawful employment practice for an employer to:
(a) Make an offer to negotiate a settlement agreement conditional upon a worker also entering into an agreement that includes a no-rehire provision.
(b) Make an offer for a settlement agreement conditional upon the worker also entering into an agreement that includes a no-rehire provision unless:
(A) Prior to the offer, the worker has provided the employer with written confirmation of the worker’s willingness to enter into an agreement that includes a no-rehire provision as a condition of entering into the settlement agreement; and
(B) The settlement offer affirmatively states that entering into the settlement agreement is conditional upon the worker also entering into an agreement that includes a no-rehire provision.
(3) Provided that the requirements under subsection (2)(b) of this section are met, it is not a violation of this section:
(a) For any party participating in negotiations for a settlement agreement to make or reject an offer for a settlement agreement that includes a no-rehire provision.
(b) For an employer to require a worker, as a condition of a settlement agreement, to also enter into an agreement that includes a no-rehire provision.
(4) It is not a violation of this section for an employer to make an offer to enter into a settlement agreement that includes a no-rehire provision when the following circumstances exist:
(a) The worker has not provided the written confirmation described in subsection (2)(b)(A) of this section; and
(b) The offer affirmatively states that the offer is not conditional upon the worker also entering in an agreement that includes a no-rehire provision.
(5) A worker may file a complaint under ORS § 659A.820 for a violation of this section and may bring a civil action under ORS § 659A.885 and recover a civil penalty of up to $5,000 and relief as provided by ORS § 659A.885 (1) to (3). [2023 c.446 § 2]
ACCESS TO PUBLIC ACCOMMODATIONS
(Unlawful Discrimination in Public Accommodations)