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Workplace Protections for Survivors of Abuse

If you've experienced domestic violence and you work in Oregon, there are laws that protect you at work. These laws are intended to help you keep your job and stay safe. If your employer doesn't follow these laws, you can contact the Oregon Bureau of Labor & Industries (BOLI) or a lawyer for help. 

You can read more about these rights below or watch a short video explaining them. (English video) (Spanish video).

video still of workplace rights video

Protection from discrimination

It is unlawful for any Oregon employer to discriminate against a victim of domestic violence, sexual assault, or stalking. This means your employer cannot:

  • Refuse to hire you solely because you are a victim.
  • Fire, threaten to fire, demote, suspend, reduce your hours, or retaliate against you because you are a victim.
  • Refuse to make a reasonable safety accommodation for you. Learn more about safety accommodations in the next section.

Reasonable safety accommodations

It is a form of unlawful employment discrimination for any Oregon employer to refuse to provide a reasonable safety accommodation to an employee who is a victim of domestic violence, sexual assault, or stalking. A reasonable safety accommodation is a change in a workplace rule or job requirement intended to help keep you safe at work.

Reasonable time off from work

Oregon employers with six or more employees must provide victims of domestic violence, harassment, sexual assault, or stalking with reasonable time off from work. Victims can use this time off for safety-related matters. An Oregon employer must grant this request unless the requested time off would create an undue hardship for them.

Paid time off from work

If you need to take time off from work, you may qualify for up to 12 weeks of paid leave through the Paid Leave Oregon program. You can take time off if you or your child were the victim of domestic violence, sexual assault, or certain other crimes. Learn more about "safe leave" on the Paid Leave Oregon website.

Unemployment benefits

If you quit your job because of domestic violence, you may be eligible for unemployment benefits through the Oregon State Employment Department. You may qualify if it was necessary to leave your job because it was likely you'd get hurt by your abuser if you stayed. Be sure to explain in your application why you had to leave your job. Learn more about unemployment benefits in Oregon here.

Enforcing your rights

If your employer doesn't follow the law, you can:

Warning: If you wish to file a lawsuit against your employer, you have one year from the date your employer broke the law to file a court case. Additionally, if you work for a state or local government you must file a tort claim notice to your employer within 180 days of the illegal act. If you need to file a tort claim notice, you should have an attorney help you. 

Frequently Asked Questions

Time off can be used for:

  • Legal matters. Working with police, applying for a restraining order, or attending a court hearing to keep you or your minor child safe
  • Medical care. Getting medical treatment for injuries caused by abuse
  • Counseling. Attending counseling or assisting your minor child in attending counseling related to domestic violence, stalking, harassment, or sexual assault
  • Victim services. Obtaining services for yourself or your minor child from a victim services provider
  • Housing. Moving to a safer home or taking steps to make your current home safer

If possible, give your employer reasonable notice of your intent to take time off from work. What is reasonable will depend on the company you work for and your job duties. If possible, follow standard workplace procedures for requesting time off.

Examples of safety accommodations include:

  • A change in work schedule, work phone number, office placement, job duties, or transfer to a new location
  • Someone to walk you to and from the parking lot
  • Reasonable time off to get a restraining order, move, or attend counseling
  • Other changes to keep you safe at work

Yes, if you ask for safety accommodation at work, your employer can ask you for verification that you are a victim. Any information you give to your employer must be kept confidential. 

You can use any of the following documents to prove you are a victim:

  • A restraining order or protective order
  • Police report
  • Letter or other document from a counselor, attorney, pastor, domestic violence advocate, or health care provider stating that you are a victim

An employer does not have to grant a safety accommodation or time off from work if it would create an “undue hardship.” Whether a request will be considered an undue hardship depends on: 

  • The kind of work you do
  • The cost of your request
  • The effect of your time off on the team
  • The size and resources of your employer

However, if your employer says your request creates an undue hardship, they must work with you to find a more reasonable accommodation. 

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