Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding workplace sexual harrassment is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

Sexual harassment is prohibited in the workplace under a federal law called Title VII of the Civil Rights Act of 1964 and under Oregon statutes. Under both laws, sexual harassment is a form of sex discrimination.

Sex discrimination occurs when employees are treated differently than other employees simply because of their gender and are harmed by such treatment. Gender discrimination may occur without sexual harassment, such as if an employer provides better wages and benefits to males than to females doing the same job.

Two types of behavior may be considered sexual harassment. One is unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature directed toward an individual because of that individual's gender, if submission to the conduct is made a term or condition of employment or is the basis for employment decisions about the individual. The other type of sexually harassing behavior is unwelcome verbal or physical conduct that is sufficiently severe or pervasive to create a hostile, intimidating or offensive work environment. The standard for determining whether behavior is sufficiently severe or pervasive to create a hostile, intimidating or offensive environment is whether a reasonable person in the circumstances of the complaining individual would so perceive it. Occasional comments like "Hey, baby" or "honey" will not likely be considered sexual harassment without more offensive or more frequent episodes. However, if the offensive behavior is extremely severe, such as a sexual assault, a single incident could be enough to be considered sexual harassment.

The offensive behavior must also be unwelcome. Unwelcomeness may be indicated by complaints made by the affected employee to the perpetrator or to other people. It also may be expressed in nonverbal ways such as the affected employee's trying to avoid the perpetrator.

An employer is legally liable when its owner, corporate officer or other high-ranking person in the organization is found to have sexually harassed an employee. An employer is liable for sexual harassment of an employee by a supervisor when the harassment results in an employment action against the employee, such as a demotion or discharge. If the sexual harassment is between two coworkers, or if the perpetrator is a supervisor but there is an employment action against the affected employee, the employer may defend itself by showing that the company had a sexual harassment policy with a grievance process known to the affected employee and either the employee unreasonably failed to use the grievance process or the employer took immediate, appropriate remedial action when it learned of the sexual harassment.

Sometimes a perpetrator of sexual harassment is of the same gender as the person to whom the harassment is directed. This is still sexual harassment, if the harassing behavior is because of the affected person's gender.

If you think that you have been sexually harassed, you should report the offensive behavior to someone in management above the level of the person who is or was harassing you. It is against the law for your employer to retaliate against you because you reported possible harassment, or if you are supporting someone who was harassed or are participating in the investigation. If you sue without first trying to report the sexual harassment to your management, you may lose because you did not use your company's complaint process.

If you are an employer, you should be sure that your company has a good sexual harassment policy with an appropriate grievance process. You should make sure that the policy is given to every employee with some form of acknowledgment that shows that each employee received, understood, and agrees to abide by the policy. Employers should take all reports of sexual harassment seriously. When a complaint is made, someone who is trained in this area of law should do an immediate investigation.

Title VII of the Civil Rights Act of 1964 requires that an employee report sex discrimination to the Equal Employment Opportunity Commission (EEOC) within 300 days - - but agency rules state that an employee should report the sexual harassment within 240 days. That report can be made through the Oregon Bureau of Labor & Industries' Civil Rights Division at one of its offices, in Eugene, Medford, Pendleton, or Portland or by calling the EEOC at 1-800-669-4000. The Oregon statute requires that an employee who has been sexually harassed either report the sexual harassment to the state Civil Rights Division or file a lawsuit within one year of the last discriminatory act. Employees who are victims of sexual harassment have various remedies available to them. For more information about sexual harassment, you should call an attorney.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.