Legal Question in Sexual Harassment in Oregon

Re: Sexual / Hostile work envornmentHarassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or conduct of a sexual nature (verbal, physical, or visual), that is directed toward an individual because of gender. Reporting such conduct is important and necessary. Once reported, the employer has an obligation to take prompt, effective remedial action to make it stop.

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.

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.

In your case, it appears you have complained and the response has been either to ignore the conduct or to retaliate (or permit retaliation). Dealing with an ongoing sexual harassment situation can be complicated. Hopefully, the employer does the right thing, and you are allowed to work without reprisal. On the other hand, you may be retaliated against for complaining by the employer or by the individual about whom you complained, or even by others. Even if the employer does the right thing and fires the offending employee, you may be seen as a trouble maker. You should consult with a qualified, experienced sexual harassment/employment lawyer to make sure your rights are preserved.

Please be aware that you have only a limited time to take action against the employer (180, 300, or 365 days, depending on the circumstances), so do not delay seeking legal advice.

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.