Legal Question in Sexual Harassment in Oregon

Employer Liability for Customer Sexual Harassment

An employer has an obligation to stop sexual harassment by a customer, or any third party (independent contractor, another employee's friend, etc.). Sexual harassment is unwelcome sexual conduct that creates a hostile or offensive working environment that unreasonably interfered with the individual's work performance. The employer is liable for the harassment only if the employer knew or should have known of the harassment and failed to take proper remedial action. As with most instances of sexual harassment, the first step is to clearly make known to the employer that the harassment is taking place, who is doing it, and that it is offensive and unwelcome. If the employer then fails to take action to make it stop, the employer is subject to liability for any harm that results, including economic losses and emotional distress damages. Punitive damages may be awarded as a way of deterring this employer and others from allowing a violation of the individual's federally protected legal rights.

You must also be aware that you have only a limited amount of time to commence an action against your former employer. For example, your Title VII claim must be commenced within 300 days from the date of the improper conduct. Act promptly. If you delay, your rights may be lost forever. Engage the services of a lawyer immediately.

NOTE: The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

Good luck.

Craig A. Crispin

Crispin Employment Lawyers

500 Plaza West, 9600 SW Oak Street

Portland, Oregon 97223

503.293.5759

[email protected]

www.employmentlaw-nw.com