Legal Question in Sexual Harassment in Oregon

Re: sexual harassment in the work place

Sexual harassment is unwelcome sexual advances, requests for sexual favors, or conduct of a sexual nature that is directed toward someone because of that person's gender/sex. Sexual harassment comes in two forms. The "quid quo pro" form occurs when a supervisor or manager makes a demand for sexual conduct in exchange for a promise of favorable treatment (such as a promotion) or a threat of adverse treatment. The "hostile environment" form is a work environment or atmosphere involving repeated or severe instances of unwelcome sexual conduct, such as sexual jokes, unwanted touching, displays of nude photos or calendars, etc. To be illegal, the environment must be sexually charged; general hostile or harsh treatment not based on sex is not, by itself, illegal.

Usually, the first step to take in responding to unwanted sexual harassment is to make clear to the person causing the harassment that the conduct is unwelcome and should be stopped. If the employer has a policy relating to reporting sexual harassment, the policy should be followed and a report or complaint made according to the policy. If no policy exists, a complaint should be made to any management employee or to HR. An employer becomes liable for sexual harassment when it ignores complaints and fails to take prompt, appropriate action to make the conduct stop.

It appears your family member has followed appropriate procedure by bringing the matter to the attention of two managers and by writing two letters of complaint. She might try submitting a clear, strong complaint to the company president or owner, contacting an attorney for assistance, or making an official complaint of discrimination to the Civil Rights Division of the Oregon Bureau of Labor & Industries or the federal Equal Employment Opportunity Commission.

Remedies for sexual harassment depend on several factors. First is the size of the employer. If the employer has less than 15 employees, the remedies available are only any back pay lost and an order to stop the conduct. If the employer has 15 or more employees, federal law applies and damages for lost wages and emotional distress can be recovered if proven, and punitive damages may be imposed. Emotional distress damages and punitive damages are capped depending on the size of the employer.

The above is my general reaction to a very limited set of facts and should not be relied upon as specific legal advice. You should consult an attorney for legal advice specific to your situation. In addition, your question does not deal with when the events occurred. Strict time requirements apply to complaints of discrimination, and a lawyer should be consulted with regard to this as well.