{"data":{"id":"us-or/ors-659a.390","jurisdiction":"us-or","citation":"ORS 659A.390","heading":"Restrictions on no-rehire provisions as condition of workers’ compensation settlements; exceptions; remedy for violation; civil penalties.","body":"(1) As used in this section:\n      (a) “No-rehire provision” means any provision in an agreement barring a worker from seeking further employment, reemployment or reinstatement with an employer.\n      (b) “Settlement agreement” means a settlement agreement disposing of all or part of a worker’s claim for workers’ compensation under ORS chapter 656.\n      (c) “Worker” means a worker who has applied for benefits or invoked or utilized the procedures provided for in ORS chapter 656.\n      (2) With respect to offers to enter into a settlement agreement, it is an unlawful employment practice for an employer to:\n      (a) Make an offer to negotiate a settlement agreement conditional upon a worker also entering into an agreement that includes a no-rehire provision.\n      (b) Make an offer for a settlement agreement conditional upon the worker also entering into an agreement that includes a no-rehire provision unless:\n      (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\n      (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.\n      (3) Provided that the requirements under subsection (2)(b) of this section are met, it is not a violation of this section:\n      (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.\n      (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.\n      (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:\n      (a) The worker has not provided the written confirmation described in subsection (2)(b)(A) of this section; and\n      (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.\n      (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]\nACCESS TO PUBLIC ACCOMMODATIONS\n(Unlawful Discrimination in Public Accommodations)","path":["16 - Trade Practices, Labor and Employment","51. Labor and Employment; Unlawful Discrimination","Chapter 659A — Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:16Z","sha256":"c54d5f518750e28109dde8b5d00a2f57c25288899898a85ac3b2d054adaf5fe2","source_id":"us-or","stale":false,"prev":"us-or/ors-659a.380","next":"us-or/ors-659a.400"},"notice":"GroundRules: Original legal text. Not legal advice."}