Oregon 2019 Regular Session Status: Enacted Bipartisan · 9 D · 2 R cosponsors

SB 726 — Relating to unlawful conduct in the workplace; and prescribing an effective date.

Last action — Chapter 343, 2019 Laws.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 35 sponsors

    5 primary, 30 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Makes unlawful employment practice for employer to <i>request employee to</i>] enter agreement that would prevent employee from disclosing or discussing conduct that constitutes unlawful discrimination, including sexual assault. Allows civil and administrative remedies for violation against unlawful employment practice. <b>Provides that employer may, in certain circumstances, enter into settlement, separation or severance agreement that includes provision that would prevent employee from disclosing or discussing such conduct or that would prohibit employee from seeking reemployment with employer as term or condition of agreement. Allows civil and administrative remedies for violation against unlawful practice.</b> <i>Makes unlawful employment practice for any person to aid, abet, incite, compel, coerce or conceal any acts prohibited under provisions of Act and any acts that constitute certain types of unlawful discrimination. Clarifies that employer's withholding of certain information from person who is owner, president, partner or corporate officer of employer, during course of employer's investigation, is not unlawful employment practice, provided that employer makes person aware of ongoing investigation.</i>] <i>Allows person who is owner, president, partner or corporate officer to be held individually liable for engaging in prohibited acts.</i>] Requires all employers to adopt written policy containing procedures and practices for reduction and prevention of certain types of unlawful discrimination, including sexual assault. Requires employers to <i>post notice</i>] <b>make policy available to employees </b>in workplace and provide employees with copy of policy at time of hire. Requires Bureau of Labor and Industries to make available on bureau's website model procedures or polices that employers may use to establish employer policies. Makes voidable any agreement to pay severance pay to person found to have engaged in conduct that violates employer's policies or provisions of Act <b>and such violations were substantial contributing factor in causing separation from employment</b>. Extends timeline for filing complaint with Commissioner of Bureau of Labor and Industries alleging certain unlawful employment practices. Extends statute of limitations from one year to <i>seven</i>] <b>five</b> years to file civil action for certain violations of law. <b>Provides that extended statute of limitations applies to certain conduct that occurs on or after effective date of Act. Requires commissioner to adopt any rules necessary to implement certain provisions of Act no later than 90 days after effective date.</b> Becomes operative <i>January</i>] <b>October</b> 1, 2020. Permits commissioner to adopt rules and take any action before operative date of Act that is necessary to enable bureau to exercise duties, powers and functions conferred on bureau. Takes effect on 91st day following adjournment sine die.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 726 on the official Oregon source →

Action History

  1. Chapter 343, 2019 Laws.

  2. Effective Date, September 29, 2019.

  3. Governor signed.

  4. Speaker signed.

  5. President signed.

  6. Third reading. Carried by Williamson, Salinas. Passed.

  7. Carried over to May 30, 2019 Calendar by virtue of adjournment.

  8. Carried over to May 29, 2019 Calendar by virtue of adjournment.

  9. Carried over to May 28, 2019 Calendar by virtue of adjournment.

  10. Carried over to May 27, 2019 Calendar by virtue of adjournment.

  11. Second reading.

  12. Recommendation: Do pass.

  13. Work Session held.

  14. Public Hearing held.

  15. Referred to Judiciary.

  16. First reading. Referred to Speaker's desk.

  17. Vote explanations filed by Boquist, Thomsen.

  18. Third reading. Carried by Taylor, Knopp. Passed.

  19. Made a Special Order of Business by unanimous consent.

  20. Second reading.

  21. Recommendation: Do pass with amendments. (Printed A-Eng.)

  22. Work Session held.

  23. Work Session held.

  24. Informational Meeting held.

  25. Public Hearing held.

  26. Referred to Workforce.

  27. Introduction and first reading. Referred to President's desk.

Sponsors

Sponsorship breakdown

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5 sponsors · 30 co-sponsors · 55 not signed on · 6 voted No

Sponsors (5)

Co-sponsors (30)

Not signed on (55)

55 members have not signed on to this bill.

Show all 55 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third reading. Carried by Williamson, Salinas. Passed.

Passed 60 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democrat 14000
Republican 9000
Total 60000
% of votes cast 100%0%0%0%
How each member voted (60)
Member Party Vote
Alissa Keny-Guyer — Yea
Andrea Salinas — Yea
Anna Williams — Yea
Barbara Smith Warner — Yea
Bill Post — Yea
Brad Witt — Yea
Brian Clem — Yea
Caddy McKeown — Yea
Carl Wilson — Yea
Carla Piluso — Yea
Cheri Helt — Yea
Courtney Neron — Yea
Dan Rayfield — Yea
Denyc Boles — Yea
Diego Hernandez — Yea
Duane Stark — Yea
Gary Leif — Yea
Greg Barreto — Yea
Jack Zika — Yea
Janelle Bynum — Yea
Jeff Barker — Yea
Jeff Reardon — Yea
Jennifer Williamson — Yea
Karin Power — Yea
Lynn Findley — Yea
Margaret Doherty — Yea
Marty Wilde — Yea
Mike Nearman — Yea
Mitch Greenlick — Yea
Paul Holvey — Yea
Rachel Prusak — Yea
Ron Noble — Yea
Sheri Schouten — Yea
Sherrie Sprenger — Yea
Teresa Alonso Leon — Yea
Tiffiny Mitchell — Yea
Tina Kotek — Yea
Chris Gorsek Democrat Yea
David Gomberg Democrat Yea
Janeen Sollman Democrat Yea
John Lively Democrat Yea
Julie Fahey Democrat Yea
Ken Helm Democrat Yea
Mark Meek Democrat Yea
Nancy Nathanson Democrat Yea
Pam Marsh Democrat Yea
Paul Evans Democrat Yea
Rob Nosse Democrat Yea
Sue Rieke Smith Democrat Yea
Susan McLain Democrat Yea
Tawna Sanchez Democrat Yea
Cedric Hayden Republican Yea
Christine Drazan Republican Yea
Daniel Bonham Republican Yea
David Brock Smith Republican Yea
E. Werner Reschke Republican Yea
Kim Wallan Republican Yea
Mike McLane Republican Yea
Rick Lewis Republican Yea
Shelly Boshart Davis Republican Yea

Official roll call →

Heard and Reported Out

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democrat 1000
Republican 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Carla Piluso — Yea
Duane Stark — Yea
Janelle Bynum — Yea
Jeff Barker — Yea
Jennifer Williamson — Yea
Karin Power — Yea
Mitch Greenlick — Yea
Sherrie Sprenger — Yea
Chris Gorsek Democrat Yea
Mike McLane Republican Yea
Rick Lewis Republican Yea

Official roll call →

Third reading. Carried by Taylor, Knopp. Passed.

Passed 23 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 16501
Democrat 6000
Republican 1100
Total 23601
% of votes cast 77%20%0%3%
How each member voted (30)
Member Party Vote
Alan Olsen — Nay
Arnie Roblan — Yea
Betsy Johnson — Yea
Bill Hansell — Yea
Brian Boquist — Nay
Chuck Riley — Yea
Chuck Thomsen — Nay
Cliff Bentz — Nay
Dallas Heard — Yea
Dennis Linthicum — Nay
Elizabeth Steiner Hayward — Yea
Ginny Burdick — Yea
Herman Baertschiger Jr. — Yea
Jackie Winters — Not Voting
Laurie Monnes Anderson — Yea
Lee Beyer — Yea
Mark Hass — Yea
Michael Dembrow — Yea
Peter Courtney — Yea
Sara Gelser — Yea
Shemia Fagan — Yea
Tim Knopp — Yea
Floyd Prozanski Democrat Yea
James Manning Jr. Democrat Yea
Jeff Golden Democrat Yea
Kathleen Taylor Democrat Yea
Lew Frederick Democrat Yea
Rob Wagner Democrat Yea
Fred Girod Republican Nay
Kim Thatcher Republican Yea

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 726 do?
Makes unlawful employment practice for employer to <i>request employee to</i>] enter agreement that would prevent employee from disclosing or discussing conduct that constitutes unlawful discrimination, including sexual assault. Allows civil and administrative remedies for violation against unlawful employment practice. <b>Provides that employer may, in certain circumstances, enter into settlement, separation or severance agreement that includes provision that would prevent employee from disclosing or discussing such conduct or that would prohibit employee from seeking reemployment with employer as term or condition of agreement. Allows civil and administrative remedies for violation against unlawful practice.</b> <i>Makes unlawful employment practice for any person to aid, abet, incite, compel, coerce or conceal any acts prohibited under provisions of Act and any acts that constitute certain types of unlawful discrimination. Clarifies that employer's withholding of certain information from person who is owner, president, partner or corporate officer of employer, during course of employer's investigation, is not unlawful employment practice, provided that employer makes person aware of ongoing investigation.</i>] <i>Allows person who is owner, president, partner or corporate officer to be held individually liable for engaging in prohibited acts.</i>] Requires all employers to adopt written policy containing procedures and practices for reduction and prevention of certain types of unlawful discrimination, including sexual assault. Requires employers to <i>post notice</i>] <b>make policy available to employees </b>in workplace and provide employees with copy of policy at time of hire. Requires Bureau of Labor and Industries to make available on bureau's website model procedures or polices that employers may use to establish employer policies. Makes voidable any agreement to pay severance pay to person found to have engaged in conduct that violates employer's policies or provisions of Act <b>and such violations were substantial contributing factor in causing separation from employment</b>. Extends timeline for filing complaint with Commissioner of Bureau of Labor and Industries alleging certain unlawful employment practices. Extends statute of limitations from one year to <i>seven</i>] <b>five</b> years to file civil action for certain violations of law. <b>Provides that extended statute of limitations applies to certain conduct that occurs on or after effective date of Act. Requires commissioner to adopt any rules necessary to implement certain provisions of Act no later than 90 days after effective date.</b> Becomes operative <i>January</i>] <b>October</b> 1, 2020. Permits commissioner to adopt rules and take any action before operative date of Act that is necessary to enable bureau to exercise duties, powers and functions conferred on bureau. Takes effect on 91st day following adjournment sine die.
Who sponsors SB 726?
SB 726 is sponsored by Lew Frederick (Democrat), Jeff Golden (Democrat), James Manning Jr. (Democrat), Rob Wagner (Democrat), Chris Gorsek (Democrat), Pam Marsh (Democrat), Mark Meek (Democrat), Julie Fahey (Democrat), Cedric Hayden (Republican), Christine Drazan, Kathleen Taylor (Democrat), Michael Dembrow, Arnie Roblan, Shemia Fagan, Dick Anderson (Republican), Lee Beyer, Jennifer Williamson, Andrea Salinas, Sara Gelser, Tim Knopp, Denyc Boles, Cheri Helt, Janelle Bynum, Jeff Reardon, Alissa Keny-Guyer, Anna Williams, Marty Wilde, Barbara Smith Warner, Rachel Prusak, Karin Power, Tiffiny Mitchell, Paul Holvey, Diego Hernandez, Teresa Alonso Leon, and Elizabeth Steiner Hayward.
What is the current status of SB 726?
This bill has been enacted into law. Introduced January 31, 2019. Enacted.
Where can I track SB 726?
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Last checked for changes 3 months ago · updated continuously

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