Legal Question in Sexual Harassment in Oregon
Blatant Sexual Harassment
A friend of mine just read a recommendation letter that she asked her employer (an owner of a property management company) to write for her so she can get into property management school. The letter body is fine, but there is a PS in which the owner actually says he is writing the letter so he can get into bed with his employee, who is my friend.
This last incident is blatantly arrogant insofar as he would actually put this in writing and sign it. She has shown me and other people additional notes he's written too over the last 18 months.
She is a single mother, a one-time fellon (clean now), in an econmoically depressed small town. He is a 'ggod old boy' in the community and well-connected to local governemnt officials. She is in a vulerable possition, and he knows it. What can she do to get started with a law suite? Does it make sense to bring a law suite forward? She will have a hard time getting another job in the depressed economy in her region, but the owner has deep pockets. Is it possible for her to sue him for sexual harassment and to be compensated if she leaves the job (she wants to go to school).
Thanks for any help.
1 Answer from Attorneys
Re: Blatant Sexual Harassment
To be subject to a lawsuit over sexual harassment, the sexually explicit comments and requests must be either severe or pervasive. Pervasive means a fairly constant pattern of unwelcome comments. As indicated, the comments must be unwelcome, which means that if the victim participates in the sexual comments, she probably cannot establish the unwelcome nature of the comments. Also, if an employer acts against an employee for refusing requests for sexual favors, liability may attach. Generally, the employee must make use of any reporting procedures made available by the employer to report the offensive conduct.
The facts presented also suggest the potential for a defamation claim. If the letter reasonably suggests that the letter has been given for sexual favors, and if that is untrue, then the writer of the letter could be subject to liability for defamation.
In either case, the precise elements can be complicated. Consult with an experienced lawyer who can analyze a full set of facts.
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.
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