Legal Question in Employment Law in Oregon

Re: sexual harassment

Sexual harassment arises in two ways: quid pro quo and hostile environment. Quid pro quo deals with specific requests for sexual favors and adverse action upon refusal. Hostile environment deals with unwelcome sexual comments, gestures, touching, etc, that is pervasive or severe. Generally, the victim has an obligation to report the conduct pursuant to any reporting policy of the employer and if the employer then fails to take action, the employer becomes liable.

Title VII of the Civil Rights Act of 1964 provides a full range of damages. Unfortunately, to be covered by Title VII an employer must have at least 15 employees. With only 8 employees, the employer is subject only to Oregon state law for the sexual harassment. As such, the available remedies are limited to back pay and injunctive relief (an order to stop the illegal conduct).

The Oregon Supreme Court has held, though, that if an employee is terminated for opposing and resisting sexual harassment, she can bring an action for wrongful discharge, which provides a full range of damages (economic, emotional distress, punitive damages).

Sexual harassment actions can be complex. You should have Gina consult an attorney for specific advice.

This is not specific advice and does not create an attorney-client relationship. You should seek legal counsel to assist with your case and advise you regarding the applicable limitations periods and duty to mitigate damages.

This is not specific advice and does not create an attorney-client relationship. You should seek legal counsel to assist with your case and advise you regarding the applicable time limits that may apply to the case.