It is important 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.
Sexual harassment is a form of sex discrimination prohibited in the
workplace under both Oregon State and federal law.
Sexual advances, requests for sexual favors, or other verbal or physical
conduct of a sexual nature is always inappropriate workplace conduct
and should be reported to your employer immediately. Such conduct rises
to the level of sexual harassment in two circumstances: 1) when submission
to the conduct is made a term or condition of employment or is the
basis for employment decisions about the employee; and 2) when the
conduct is sufficiently severe or pervasive to create a hostile, intimidating
or offensive work environment. A single incident may or may not be
sufficient to create a hostile work environment. For example, a single
occasional comment like "Hey, baby" or "honey," without
more, probably will not constitute sexual harassment. But a single
incident of extreme conduct, such as a sexual assault, could constitute
sexual harassment. Sexual harassment can occur between individuals
of the opposite and same sex.
In order to constitute 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 attempts by the affected
employee to avoid the perpetrator.
An employer is liable for sexual harassment when its owners, corporate
officers or other high-ranking people in the organization are 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. An employer is liable for sexual harassment between two
coworkers, or sexual harassment of an employee by a non-employee, if
the employer knew or should have known about the conduct. Generally
speaking, an employer can avoid liability for sexual harassment by
showing that it took immediate action to correct the harassment and
the employee unreasonably failed to take advantage of preventive or
corrective opportunities provided by the employer, such as an internal
grievance procedure for discrimination claims.
If you think that you have been sexually harassed, you should report
the offensive conduct to a manager above the level of the alleged perpetrator.
It is against the law for your employer to retaliate against you for
reporting, or participating in an investigation of, possible harassment.
If you sue without first trying to report the sexual harassment to
your employer, you may lose because you did not use your company's
complaint process.
Employers should have a good sexual harassment policy with an appropriate
grievance process. The policy should be given to every employee with
a form acknowledging that each employee received, understands 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.
Federal law requires complaints of sexual harassment to be filed with
the Equal Employment Opportunity Commission (EEOC) within 300 days.
But agency rules advise employees to file their complaints within 240
days. Complaints 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 (800) 669-4000. Under Oregon
law, an employee has one year from the date of the last discriminatory
act to file a complaint with the state Civil Rights Division or to
file a lawsuit against the employer.
Employees who are victims of sexual harassment have various remedies
available to them. For more information about sexual harassment, you
should call an attorney.
Legal editor: Jeffrey D. Jones, February 2009