Workplace Sexual Harassment

Harassment is illegal when it involves:

1. Employment conditions: You feel pressured to tolerate the behavior to keep your job or get a promotion.
2. Employment decisions: Your response to the behavior (saying yes or no) is used to decide things like your pay, schedule, or job title.
3. Hostile environment: The behavior is severe or happens often enough to make your workplace intimidating, offensive, or difficult to work in.

Tip: Harassment doesn’t have to be sexual. Offensive behavior related to gender can also be illegal if it meets the conditions above.

Examples of illegal harassment:

• A boss threatens to fire you if you don’t agree to a date.
• A coworker repeatedly makes offensive sexual comments, making you uncomfortable at work.

What might not be illegal

• A single, mild comment like “Hey, honey” (unless it’s part of a pattern or more serious conduct)

Employers should:

• Have a clear, written anti-harassment policy
• Provide employees with the policy and get written acknowledgment
• Investigate harassment reports quickly and thoroughly

For behavior to count as harassment, it must be unwelcome. This means you didn’t want or invite the behavior. 

So, if you're being harassed at work, take action to show the behavior is unwanted:

1. Speak up: Tell the person their behavior is unwelcome or inappropriate
2. Report it: Speak to a manager, someone above the harasser, or HR (if your company has one)
3. Avoid the harasser: Use nonverbal cues, like walking away or avoiding contact. 

Tip: It is illegal for your employer to retaliate against you for reporting or participating in an investigation of possible harassment. 

Your employer is responsible for preventing and addressing harassment. If you report harassment at work, your employer must take action to stop it. Your employer should: 

• Take your report seriously and act promptly
• Investigate the situation and document what's happening
• Protect you during the investigation, this could include reassignment 

If your employer doesn't take these steps, they can be liable for the actions of:

• An owner or high-ranking employee who harasses someone
• A supervisor who harasses someone, if the employee faces negative consequences, like being fired or demoted
• A co-worker, if your employer knew (or should have known) about the harassment and didn’t act

If your employer doesn't stop the harassment, you can take legal action. Your employer may have to pay you money damages for not stopping harassment. 

But remember, you must report the harassment to your employer first. If you don't, your case might be more challenging to win. 

You can take legal action by: 

• Filing a claim with the Bureau of Labor & Industries (BOLI). BOLI educates workers about their rights. They also help workers by filing formal complaints against employers who don't follow the law. Learn more about filing a complaint here. 
• Hiring a private attorney. Many employment lawyers don't make you pay money up-front. Instead, they charge a contingent fee, which means you only pay them if they win your case. For help finding a lawyer, call Oregon's Lawyer Referral Service. You can also check out our "Guide to Hiring a Lawyer in Oregon" for tips on finding the right lawyer for your case.

Act quickly—there are deadlines for filing claims. These deadlines can be as little as 180 days (six months) depending on where you work.