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. Conduct that is not sexual in nature but is gender related may also be prohibited. 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. A supervisor is someone who is authorized to take tangible employment actions or directs daily work activities. 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 and appropriate 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 if the employer would have no other reason to know about the harassment.
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, Bend 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: Diane C. Cady, July 2013