Oregon employees enjoy new rights and protections as of January 1, 2010. Three of the new laws provide: (1) more protection for whistleblowers, (2) employment protection for victims of domestic violence, sexual assault or stalking, and (3) leave for spouses of military service members.
Whistleblower Protection.
Oregon employers may not fire or discriminate against employees in retaliation for certain protected activities, including certain things done for the public good. Those things are listed in various laws (and court cases). The new whistleblower law is more general. HB 3162 prohibits employers from retaliating against an employee for reporting information that the employee honestly believes is evidence of a violation of a federal or state regulation or law.
In wrongful termination cases, one of the battles has been legal. The judge must decide the question of -- even if the company fired the employee for reporting a problem -- was the problem a type that the law cares about: was it "protected conduct?" HB 3162 eliminates that legal question in many more cases.
The factual battle for the jury will remain. In all wrongful discharge cases the factual battle is whether the company fired the worker for legitimate reasons or because he or she engaged in protected conduct.
Victim protection.
Oregon now provides employment protection to victims of domestic violence, sexual assault, and stalking. SB 928 prohibits discrimination against victims in hiring, promotion and other terms of employment. The new Oregon law also requires employers to make "reasonable safety accommodations" to victims.
Employers are familiar with the accommodation procedure from the requirement to accommodate employees with disabilities. The process is expected to be similar, calling for a back and forth discussion to figure out a reasonable way to protect the victim and also get the employer's work done.
Employment Leave for Military Spouses.
Oregon businesses with 25 or more employees must allow military spouses to take up to 14 days leave per deployment during periods of military conflict. The time is to spend with the service member before deployment, after deployment or during leave. HB 2744 requires the spouse to provide timely notice, and it prohibits discrimination against the spouse for using the leave.
A good resource for Oregon laws controlling employment is the Oregon Bureau of Labor and Industries.
Jeff Merrick, Oregon Trial Attorney
503-665-4234
