NewsBrief

April 2025

Building Better Workplaces through Compliance, Culture, Connection

In This Issue:

2025 Oregon Proposed Employment Bills: Latest Developments

Cascade Compliance Team
compliance@cascadeemployers.com

As detailed in Cascade’s March NewsBrief, the 2025 Oregon legislative session, running from January 21st to June 18th, includes over 100 employment-related bills. March 21, 2025, marked the First Chamber Work Session Posting Deadline. This deadline requires all bills to be scheduled for a work session, also referred to as a committee vote, in order to proceed toward becoming law. Bills not scheduled by March 21st are effectively terminated, with some exceptions.

Here is the status of notable employment-related bills:

Wage/Hour and Compensation

Work Session Scheduled – Proceeding

Status Unclear

No Work Session Scheduled - Likely Died in Committee

Leaves

Work Session Scheduled – Proceeding

No Work Session Scheduled - Likely Died in Committee

Unemployment Insurance 

Proceeding

No Work Session Scheduled - Likely Died in Committee

Disability

Work Session Scheduled – Proceeding

Status Unclear

Miscellaneous

Work Session Scheduled – Proceeding

No Work Session Scheduled - Likely Died in Committee

The 2025 Oregon legislative session's next major deadline is April 9th, the First Chamber Work Session Deadline. This marks the final day for policy committees within the House and Senate to complete work sessions and move bills out of their respective chambers.

Cascade is actively monitoring this legislative session and we will keep you updated on the progression of these employment-related bills.

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EEOC and DOJ Provide Clarity on Executive Orders and "Illegal DEI"

Cascade Compliance Team
compliance@cascadeemployers.com

Since taking office on January 20th, the Trump Administration has issued a series of Executive Orders relating to DEI including Executive Order 14151 and Executive Order 14173. Since then, the ambiguity surrounding the scope of executive orders targeting “illegal DEI” has created a lot of confusion regarding DEI program impacts. There have also been many legal challenges.

As of March 14th, the U.S. Court of Appeals for the Fourth Circuit granted the federal government’s request to stay a district court’s injunction issued on February 21, 2025 relating to EO 14151 and EO 14173. This means, pending appeal, that the following is currently allowed:

  1. Federal agencies can now implement the “Termination Provision” – terminating all equity-related grants or contracts within 60 days.
  2. Federal agencies can now require federal contractors and grantees to certify compliance with respect to all federal anti-discrimination laws and that they do not “operate any programs promoting DEI that violate Federal anti-discrimination laws.”
  3. Federal agencies now may bring enforcement actions against private sectors regarding “illegal DEI.”

Despite the federal government's stay being granted, pending appeal, the definition of "illegal DEI" has remained ambiguous. In response, on March 19, 2025, the EEOC and DOJ issued two technical assistance documents, What to Do if You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related Discrimination at Work, to provide guidance on unlawful discrimination under Title VII of the Civil Rights Act as it pertains to DEI in the workplace. Specifically, the EEOC and DOJ clarified, most notably, the following:

Illegal DEI: “Under Title VII, an employer initiative, policy, program, or practice may be unlawful if it involves an employer or other covered entity taking an employment action motivated—in whole or in part—by race, sex, or another protected characteristic.” This is not a new standard and is how Title VII is currently applied.

Disparate Treatment: DEI related discrimination can occur in all aspects of the employment process, including hiring, firing, demotion, compensation, fringe benefits, exclusion from training, mentoring or sponsorship programs, and fellowships, and in the selection of interviews (including placement on candidate slates). This is not a new standard and is how Title VII is currently applied.

Limiting, Classifying, Segregating: Title VII also prohibits employers from limiting, segregating, or classifying employees based on race, sex, or other protected characteristics in a way that affects their status or deprives them of employment opportunities. The EEOC and DOJ list these specific examples: “Limiting membership in workplace groups, such as Employee Resource Groups (ERG) or other employee affinity groups, to certain protected groups; or separating employees into groups based on race, sex, or another protected characteristic when administering DEI or other trainings, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources.”

Employers can maintain inclusive workplaces amidst the uncertain legal landscape by prioritizing legal compliance. Employers should use the EEOC and DOJ guidelines when examining internal DEI programs to ensure equal treatment without violating anti-discrimination laws. As a reminder, all hiring, promotion, and training practices must comply with “merit-based” standards and qualifications instead of standards based on protected characteristics including but not limited to race and gender. Additionally, any DEI resources such as groups and mentorships should be open to all employees, regardless of protected characteristics.

We anticipate more litigation over this guidance as some of the guidance and standards potentially conflict with current case law.  Cascade is closely monitoring the federal DEI landscape and will keep you informed of any changes or updates.

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Spring Workplace Trends Survey: Your Input Matters!

McKenna Arnold, Survey and Research Manager
surveys@cascadeemployers.com

Do you have questions about current workplace trends and what might be coming down the pipeline?  Cascade’s spring edition of the Workplace Trends Survey has launched and is designed to gather insights on a variety of workplace topics and trends impacting organizations now or in the future. In just 9 questions we cover a lot, from Employee Assistance Programs (EAPs) to living wage compensation frameworks and so much more.

Your responses will help us to better understand the evolving needs and expectations of workers and organizations in our region, and to identify emerging trends that are impacting the workplace.  In turn, Cascade will take this information to ensure we are giving you what you need to address these issues.

Why participate?

How to participate:

The survey is open until April 25th, so don’t delay.  Please click here to participate. The survey is quick and easy (less than 10 minutes). All participants will receive a free copy of the survey report upon publication in May. 

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Hot Compliance Question

Cascade Compliance Team
compliance@cascadeemployers.com

Question: Do we need to have job applicants fill out an application form or can we just accept their resume?

Answer: Although you are not required to have applicants complete an application, it is recommended for a couple reasons:

  1. Applications ensure consistency by requiring all applicants to provide specific experience and background information. Resumes do not provide this structure and thus, the information you receive from an applicant’s resume may not be consistent. An application can ensure that you receive the same types of information from all applicants.
  2. Applications can act as a legal document for employers. Typically, applications include a section that requires an applicant to certify that the information they have provided is complete and accurate, and that misrepresentation or omission of facts may result in rejection of their application. Resumes do not include this certification.

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Unlock Exclusive HR and Workplace Solutions with Cascade!

By Sheryl Kelsh, Membership Development Manager
skelsh@cascadeemployers.com

Are you maximizing your HR potential? If you're not yet a member of Cascade Employers Association, now is the perfect time to explore how our exclusive benefits can support your business. With membership, you gain access to a suite of HR tools, resources, and expert support designed to help your organization thrive.

By joining Cascade, you can take advantage of these member benefits:

We can also help with Employee Handbooks, Leadership and Essential HR Skills Training, Professional and Executive Coaching, Workplace Investigations, Paid Leave Oregon, and Compensation Plan Design.  Cascade members receive special discounted pricing on all fee-for-service projects.

Joining Cascade Employers Association means being part of a community dedicated to HR excellence. Our members benefit from cutting-edge resources, expert insights, and unparalleled support designed to help businesses succeed.

Don't miss out on these incredible advantages! Reach out to Sheryl Kelsh now to schedule a call and explore how Cascade Employers Association can benefit your business!

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