File Sexual Harassment Claim Oregon: BOLI Complaint Guide

If you've experienced sexual harassment at work in Oregon, you have several legal options for seeking justice. The most common path is filing a complaint with the Bureau of Labor and Industries (BOLI), Oregon's state civil rights enforcement agency.

Understanding the complaint process, deadlines, and what to expect can help you protect your rights and build a strong case.

Quick Facts: Filing Sexual Harassment Claims in Oregon

Oregon Advantage: Oregon's 5-year statute of limitations for civil lawsuits is one of the longest in the nation, giving victims substantial time to pursue claims.

Step 1: Determine If You Have a Valid Claim

What Qualifies as Sexual Harassment Under Oregon Law

Oregon law (ORS 659A) prohibits two types of sexual harassment:

Quid Pro Quo Harassment: Employment decisions or benefits conditioned on sexual favors

• Example: "Accept my date invitation or you won't get promoted"

Hostile Work Environment: Severe or pervasive unwelcome sexual conduct that creates an abusive workplace

• Example: Daily sexual jokes and comments about your appearance despite asking colleagues to stop

Who Is Protected

Oregon's sexual harassment protections cover:

• All employees, regardless of employer size (Oregon law covers employers with 1+ employees)
• Job applicants during the hiring process
• Former employees experiencing post-employment harassment
• Independent contractors in some circumstances

Protected characteristics include:

• Sex (male, female, intersex)
• Gender identity and expression
• Sexual orientation
• Pregnancy and related conditions

Who Can You File Against

You can file claims against:

• Employers for harassment by supervisors, managers, or coworkers
• Supervisors individually (Oregon allows personal liability)
• Coworkers in some circumstances
• Employers for failing to prevent third-party harassment (customers, clients, vendors)

Step 2: Gather Documentation and Evidence

Essential Documentation

Before filing, collect:

Incident Records:

• Written log of each harassment incident (date, time, location, witnesses)
• What was said or done specifically
• Your response and how it affected you
• Any witnesses who observed the conduct

Communications:

• Emails, text messages, or chat messages containing harassment
• Voicemails or recordings (Oregon is a one-party consent state)
• Photos or screenshots of inappropriate materials
• Social media messages or posts

Employment Records:

• Offer letters and employment contracts
• Performance evaluations (especially before/after harassment)
• Promotion or raise denials following harassment
• Work schedules showing pattern of proximity to harasser
• Pay stubs documenting lost wages

Internal Complaints:

• Written complaints submitted to HR or management
• Emails reporting harassment
• Notes from meetings with supervisors about harassment
• Company responses (or lack thereof)
• Investigation findings if applicable

Impact Evidence:

• Medical records for harassment-related conditions
• Therapy or counseling records
• Prescription records for anxiety/depression medication
• Witness statements about behavioral changes
• Lost wage documentation

How to Document Ongoing Harassment

If harassment is still occurring:

1. Keep a contemporaneous journal with dated entries after each incident
2. Save all evidence immediately to personal devices or cloud storage (not company systems)
3. Identify witnesses and ask if they'd be willing to provide statements
4. Photograph or screenshot any visual harassment before it's removed
5. Preserve chain of custody for physical evidence

Tip: Use personal email and devices to document. Employers can access company systems and may delete evidence.

Step 3: Report Internally (Optional but Recommended)

Benefits of Internal Reporting

Reporting harassment to your employer before filing with BOLI:

Strengthens Your Claim: Shows you gave the employer opportunity to address the issue

Creates Documentation: Written complaints provide evidence for your case

May Resolve Issue: Some employers take prompt corrective action

Establishes Timeline: Documents when employer knew about harassment

Protects Against Retaliation: Oregon law prohibits retaliation for reporting harassment

How to Report to Your Employer

1. Review your employee handbook for the designated complaint procedure
2. Submit a written complaint to HR, your supervisor, or the designated contact
3. Be specific about dates, incidents, and witnesses
4. Request investigation and corrective action
5. Keep copies of all submissions and responses

Sample Complaint Email:

Subject: Formal Sexual Harassment Complaint

Dear [HR Director/Manager Name],

I am writing to formally report sexual harassment I have experienced at [Company Name].

[Briefly describe the harassment, including dates, what occurred, and who was involved]

This conduct is unwelcome and has created a hostile work environment. I request that [Company Name] immediately investigate this complaint and take appropriate corrective action.

I am available to meet and provide additional details. Please confirm receipt of this complaint.

Sincerely,
[Your Name]
[Date]

What If Your Employer Doesn't Respond

If your employer:

• Fails to investigate your complaint
• Investigates but takes no action
• Retaliates against you for reporting
• Dismisses your concerns without proper review

You should proceed with filing a BOLI complaint. The employer's inadequate response strengthens your case.

Step 4: File a BOLI Complaint

Understanding BOLI

The Bureau of Labor and Industries (BOLI) enforces Oregon's civil rights laws, including sexual harassment protections under ORS 659A.

BOLI's Role:

• Investigates harassment complaints
• Attempts to conciliate disputes
• Prosecutes cases at administrative hearings
• Awards damages to victims

BOLI Filing Deadline

1 year from the last incident of harassment

What counts as "last incident":

• The most recent act of harassment
• Ongoing harassment extends the deadline
• Retaliation can restart the clock
• Continuing violations may extend filing period

Important: If you're near the deadline, file immediately even if you don't have all documentation ready. You can supplement later.

How to File with BOLI

Method 1: Online Filing

1. Visit oregon.gov/boli
2. Navigate to "Civil Rights" section
3. Complete the online complaint form
4. Upload supporting documentation
5. Submit electronically

Method 2: Phone Intake

1. Call BOLI: 971-673-0761
2. Request assistance with filing a complaint
3. Complete intake interview
4. BOLI staff helps prepare your complaint

Method 3: In-Person

1. Visit BOLI's Portland office at 800 NE Oregon St #1045
2. Request complaint forms
3. Complete with staff assistance if needed
4. Submit in person

Method 4: Mail

1. Download complaint form from oregon.gov/boli
2. Complete all sections thoroughly
3. Attach supporting documents (copies, not originals)
4. Mail to: BOLI, 800 NE Oregon St #1045, Portland, OR 97232

What to Include in Your BOLI Complaint

Required Information:

• Your name, address, and contact information
• Employer's name and address
• Dates of employment
• Description of harassment (who, what, when, where)
• Protected class basis (sex, gender identity, sexual orientation)
• Witnesses who can support your claim
• Whether you reported internally
• Desired remedy (reinstatement, damages, policy changes)

Optional but Helpful:

• Detailed timeline of incidents
• Supporting documentation (emails, texts, photos)
• Witness contact information
• Medical records showing impact
• Employment records showing retaliation

Tip: Be thorough but concise. BOLI investigators will request additional information during the investigation phase.

Step 5: BOLI Investigation Process

Initial Review

After you file:

1. Jurisdictional Review (2-4 weeks): BOLI determines if your complaint falls within its authority
2. Notice to Employer (1-2 weeks): BOLI sends complaint to employer and requests response
3. Employer Response (30 days): Employer submits written response to allegations

Investigation Phase

Investigator Assignment: BOLI assigns an investigator to your case

Investigation Activities:

• Interviews with you (complainant)
• Interviews with alleged harasser
• Interviews with witnesses
• Review of documents and evidence
• Site visits if relevant
• Requests for additional information from both parties

Timeline: Investigations typically take 6-12 months, though complex cases may take longer

Your Role: Respond promptly to investigator requests, provide complete information, and stay engaged with the process

Conciliation Attempts

Throughout investigation, BOLI attempts conciliation (voluntary settlement):

Conciliation May Include:

• Monetary settlement
• Changes to workplace policies
• Harassment prevention training
• Separation agreement
• Non-admission of liability

Benefits of Settlement:

• Faster resolution than hearing
• Certain outcome versus risk of trial
• Privacy (settlements can be confidential)
• Avoids stress of formal hearing

You Control Settlement: BOLI cannot force you to accept settlement offers you find inadequate

Step 6: Potential Outcomes

If Evidence Supports Your Claim

BOLI issues a Substantial Evidence Determination, finding reasonable cause to believe discrimination occurred.

Next Steps:

• Continued Conciliation: Attempt to settle before hearing
• Administrative Hearing: Formal trial before administrative law judge if no settlement
• Commissioner's Order: Decision awarding damages if you prevail

If Evidence Doesn't Support Your Claim

BOLI issues a No Substantial Evidence determination, finding insufficient evidence.

Your Options:

• Accept the determination
• Request reconsideration with new evidence
• File a civil lawsuit independently (you have 90 days after BOLI closure)

Important: A BOLI "no cause" finding doesn't prevent you from suing in court. Courts conduct independent review.

Administrative Hearing

If conciliation fails and BOLI found substantial evidence:

Hearing Process:

• Formal trial with evidence and witnesses
• Both parties can have attorneys
• Administrative law judge presides
• BOLI attorney prosecutes the case
• You are a party and can participate

Timeline: Hearings typically occur 12-18 months after initial filing

Decision: Commissioner issues final order with findings and damages award

Step 7: Alternative Filing Options

EEOC Charges

You can file with the Equal Employment Opportunity Commission instead of or in addition to BOLI:

Deadline: 300 days from last incident

Dual Filing: Oregon has a work-sharing agreement with EEOC, so filing with BOLI typically satisfies EEOC requirements and vice versa

When to Choose EEOC:

• Federal protections may be stronger for your situation
• Employer operates in multiple states
• You prefer federal process

EEOC Contact: 1-800-669-4000 | eeoc.gov

Civil Lawsuit

You can file a lawsuit in Oregon state court without filing with BOLI:

Statute of Limitations: 5 years from last incident (ORS 659A.875)

Advantages:

• Jury trial (versus BOLI bench trial)
• Broader discovery powers
• Potentially higher damages
• Control over litigation strategy

Disadvantages:

• Expensive (attorney fees if you lose)
• Longer process
• More complex procedures

Right to Sue Letter: If you file with BOLI first, you can request a right-to-sue letter at any time to pursue litigation instead

Most attorneys recommend obtaining BOLI findings before litigation when possible.

Damages You Can Recover

Through BOLI Process

Economic Damages:

• Back pay and lost wages
• Front pay (future lost earnings)
• Lost benefits
• Job search costs

Non-Economic Damages:

• Emotional distress
• Pain and suffering
• Humiliation and mental anguish

Punitive Damages: Up to $500,000 for malicious or reckless conduct (Oregon cap)

Attorney Fees: Prevailing parties can recover attorney fees and costs

Equitable Relief:

• Reinstatement to position
• Promotion wrongfully denied
• Policy changes
• Mandated training

Through Civil Lawsuit

Same damages as BOLI, plus:

• Potential for higher jury awards
• Prejudgment interest
• Additional state law claims (assault, intentional infliction of emotional distress)

Protection From Retaliation

Oregon's Strong Anti-Retaliation Protections

It is unlawful for employers to retaliate against employees who:

• File BOLI complaints or EEOC charges
• Report harassment internally
• Participate in investigations
• Testify in hearings or depositions
• Oppose discriminatory practices

Retaliation Includes:

• Termination or demotion
• Pay reduction or denial of raises
• Undesirable transfers or schedule changes
• Increased scrutiny or discipline
• Hostile treatment or social isolation

Filing Retaliation Claims: Retaliation claims have the same 1-year BOLI deadline and can be filed as separate complaints

Learn more in our guide on Oregon Workplace Retaliation.

Should You Hire an Attorney?

When Legal Representation Helps

Consider consulting an employment attorney if:

• Your case involves complex legal issues
• You experienced severe harassment or assault
• Your employer has aggressive legal counsel
• You're considering civil lawsuit instead of BOLI
• Retaliation has occurred
• You want to maximize damages recovery
• You feel overwhelmed by the process

How Attorneys Can Help

Before Filing:

• Evaluate strength of your claim
• Identify all potential defendants
• Preserve critical evidence
• Draft comprehensive complaint

During BOLI Process:

• Represent you in interviews and conciliation
• Negotiate settlement terms
• Prepare for administrative hearing
• Cross-examine witnesses

Litigation:

• File lawsuit in state court
• Conduct discovery
• Represent you at trial
• Appeal unfavorable decisions

Attorney Fee Arrangements

Contingency Fees: Most employment attorneys work on contingency (typically 33-40% of recovery). You pay nothing unless you win.

Free Consultations: Many attorneys offer free initial consultations to evaluate your case

Fee Recovery: Oregon law allows prevailing plaintiffs to recover attorney fees from defendants, making representation more accessible

Finding an Attorney: Contact Oregon State Bar Lawyer Referral Service at 503-684-3763

Frequently Asked Questions

Can I file anonymously?

No. BOLI complaints require your name and contact information. The employer will receive a copy of your complaint. However, BOLI keeps investigations confidential to the extent possible.

What if I signed an arbitration agreement?

Arbitration agreements cannot prevent you from filing BOLI or EEOC complaints. They may require arbitration of civil lawsuits, but you can still pursue administrative remedies.

Can I file if I no longer work there?

Yes. You can file BOLI complaints even after employment ends, as long as you meet the 1-year deadline from the last incident (which could be termination in retaliation for reporting).

What if I'm undocumented?

Immigration status does not affect your right to file sexual harassment claims under Oregon law. BOLI does not inquire about or report immigration status.

Can I file against multiple harassers?

Yes. You can name multiple individuals (supervisors, coworkers) and the employer in a single complaint. You can also file separate complaints for different incidents or harassers.

Will my employer find out I filed?

Yes. BOLI sends a copy of your complaint to the employer as part of the investigation process. However, Oregon law prohibits retaliation for filing complaints.

How much does filing with BOLI cost?

Filing a BOLI complaint is free. There are no filing fees or costs for the administrative process.

Related Resources

• Oregon Sexual Harassment Law Overview - Comprehensive guide to Oregon protections
• Hostile Work Environment in Oregon - Understanding pervasive harassment claims
• Quid Pro Quo Sexual Harassment in Oregon - When jobs depend on sexual favors
• Employer Liability for Sexual Harassment in Oregon - When employers are responsible
• Statute of Limitations for Oregon Harassment Claims - Filing deadlines and exceptions

External Resources:

• BOLI Civil Rights Division: oregon.gov/boli{rel="nofollow"} | 971-673-0761
• EEOC Portland Office: eeoc.gov{rel="nofollow"} | 1-800-669-4000
• Oregon State Bar Lawyer Referral: 503-684-3763
• Oregon Law Help (free legal aid): oregonlawhelp.org{rel="nofollow"}

Legal Disclaimer

This article provides general information about filing sexual harassment claims in Oregon and is not legal advice. Each case involves unique facts and legal considerations. Consult a qualified Oregon employment attorney for advice about your specific situation. Filing deadlines are strictly enforced, so act promptly to protect your rights. Information is current as of December 2026.