Legal Question in Sexual Harassment in Oregon

Re: Is this harrasment?

No employee is required to work in an unwelcome sexually hostile work environment. An employer that permits employees or others to display sexual body parts creates a hostile environment. This is similar to, but more egregious than, the practice of posting nude calendars throughout the workplace, where employees are subject to unwelcome sexual content. The comments about cleavage are unacceptable, unless welcomed. These acts constitute a sexually harassing work environment.

Not all forms of sexual harassment or hostile environment rise to the level necessary to permit legal action. To be subject to legal action, the sexually harassing conduct must be either severe or pervasive. The more severe the conduct (e.g., rape, sexual assault, groping), the less pervasive it must be to violate the law. On the other hand, less egregious conduct that occurs daily or weekly over a period of time also creates an illegal sexually hostile work environment. Also, in most cases, the employer itself (the company) is not liable unless it knows something is going on to create the sexually hostile environment and fails to stop it, which means that a complaint and request that the conduct stop is usually required.

The maltreatment based on religion may constitute another violation of law, though no law prevents an employer from yelling and screaming. In either case, your fact situation is important enough to consult with a lawyer experienced in employment matters. You should act promptly, because strict deadlines apply to discrimination and harassment claims. An attorney also will be able to guide you in dealing with the situation while it continues.

Thank you for your question, and good luck.