Legal Question in Employment Law in Oregon

Re: coworkers sharing hotel rooms

I don't know of any statutes, regulations or case law that would prohibit employers from requiring room sharing, per se.

However, as you suggest, the situation could give rise to a claim for hostile environment sexual harassment. There are 2 kinds of sexual harassment: (1) quid pro quo and (2) hostile environment.

"Quid pro quo" is the latin phrase meaning "something for something." This kind of harassment arises where the employer (typically a superior) promises something in exchange for sexual favors.

"Hostile environment" sexual harassment is harassment where the employee is subject to severe and pervasive unwelcome conduct because of his or her sex to the extent that the individual's terms and/or conditions of employment are altered.

If the employer required room sharing with knowledge of the occurrence or likelihood of such harassing conduct, it could be liable. However, merely requiring two people to share a hotel room, without more, is most likely permissible and most likely does not give rise to a cause of action.

Note 1: RELIGIOUS ACCOMMODATION. if one's religion prohibited such conduct, e.g. room sharing by members of the opposite sex who are unrelated may be prohbited by the tenets of Islam, an employee could request and employer may be obligated to provide the reasonable accommodation of separate rooms.

Note 2: MARITAL STATUS DISCRIMINATION. If married employees received different treatment, such conduct might serve as the basis for a marital status discrimination claim.