Oregon Sexual Harassment Laws: Know Your Rights

Quick Answer: Sexual harassment is illegal under Oregon law (ORS 659A) which covers all employers with 1+ employees—broader than federal law. Oregon requires employers to have harassment policies and provides a 1-year filing deadline with BOLI. Both quid pro quo and hostile work environment harassment are prohibited.

Oregon provides strong protections against sexual harassment.

What Is Sexual Harassment

Legal Definition

Unwelcome conduct:

• Sexual in nature
• Affects terms of employment
• Creates hostile environment
• Based on sex/gender

Types of Harassment

Quid Pro Quo:

• Job benefits for sexual favors
• Threats for refusing advances
• "This for that"

Hostile Work Environment:

• Severe or pervasive conduct
• Interferes with work
• Unreasonable environment

Examples of Harassment

Verbal Harassment

Includes:

• Sexual comments or jokes
• Requests for sexual favors
• Comments about body/appearance
• Sexual innuendo

Physical Harassment

Includes:

• Unwanted touching
• Blocking movement
• Assault
• Gestures

Visual Harassment

Includes:

• Sexual images or materials
• Inappropriate emails
• Sexual gestures
• Explicit messages

Oregon Law Coverage

Broad Protection

ORS 659A covers:

• All employers (1+ employees)
• All employees
• Job applicants
• Third-party harassment

Compared to Federal Law

Employer Obligations

Required Policies

Must have:

• Anti-harassment policy
• Complaint procedure
• Investigation process
• Non-retaliation commitment

Training Requirements

Some employers must:

• Provide harassment training
• Document training
• Update regularly

Investigation Duty

When complaint made:

• Investigate promptly
• Take appropriate action
• Protect complainant
• Prevent recurrence

Reporting Harassment

Internal Reporting

To employer:

• Follow company policy
• Report to HR or supervisor
• Document your report
• Keep copies

External Reporting

BOLI:

• Phone: 971-673-0761
• Deadline: 1 year
• No cost

EEOC:

• Phone: 1-800-669-4000
• Deadline: 300 days

Building Your Case

Documentation

Keep records of:

• Dates and times
• What was said/done
• Witnesses present
• Your response
• Impact on you

Evidence

Helpful evidence:

• Emails or messages
• Photos if appropriate
• Witness statements
• Medical records
• Performance records

Filing a Complaint

BOLI Process

Steps:

1. File complaint (within 1 year)
2. BOLI investigates
3. Determination made
4. Possible hearing
5. Remedies ordered

What BOLI Can Do

Remedies include:

• Order harassment to stop
• Back pay if fired
• Compensatory damages
• Reinstatement
• Policy changes

Private Lawsuit

Court option:

• Can sue employer
• May get larger damages
• Attorney's fees
• Punitive damages possible

Retaliation Protection

Cannot Punish You For

Protected activities:

• Reporting harassment
• Filing complaint
• Participating in investigation
• Testifying

Signs of Retaliation

Watch for:

• Termination
• Demotion
• Schedule changes
• Negative reviews
• Isolation

Common Scenarios

Scenario 1: Supervisor Advances

Situation: Supervisor offers promotion for date, demotes when refused.

Analysis: Quid pro quo harassment. File BOLI complaint.

Scenario 2: Coworker Comments

Situation: Coworker makes daily sexual jokes despite requests to stop.

Analysis: May be hostile work environment. Report to HR, then BOLI if not addressed.

Scenario 3: Customer Harassment

Situation: Customer regularly makes sexual comments, employer does nothing.

Analysis: Third-party harassment. Employer must address. File complaint if ignored.

Scenario 4: Single Severe Incident

Situation: One instance of physical assault.

Analysis: Severe enough to be harassment. Report immediately. May also be criminal.

Defenses Employers May Raise

Employer Arguments

May claim:

• Conduct wasn't severe/pervasive
• Took prompt action
• Complainant welcomed conduct
• No notice

Your Responses

Counter with:

• Pattern of conduct
• Reports ignored
• Clear rejection
• Documentation of complaints

Frequently Asked Questions

What makes harassment "severe or pervasive"?

Either a single severe incident (assault) or ongoing conduct that creates hostile environment.

Can men be sexually harassed?

Yes. Harassment can occur to anyone regardless of gender.

What if harasser is same sex?

Same-sex harassment is illegal under Oregon law.

Do I have to report internally first?

Not required, but often helpful. You can go directly to BOLI.

What if I didn't report at the time?

You can still file, but prompt reporting strengthens your case.

Related Topics

• Oregon Workplace Discrimination
• Filing BOLI Complaint
• Oregon Workplace Retaliation
• Oregon Wrongful Termination

Take Action

If you're experiencing harassment:

1. Document all incidents
2. Report internally if safe
3. Note 1-year BOLI deadline
4. Gather evidence
5. Consult employment attorney

Legal Disclaimer

This article provides general information about sexual harassment laws in Oregon and is not legal advice. For specific advice, consult a licensed Oregon employment attorney.

For official information:

• Oregon BOLI: https://www.oregon.gov/boli | 971-673-0761
• EEOC: https://www.eeoc.gov | 1-800-669-4000