Oregon workers do not have to tolerate sexual harassment. It’s against Oregon law, and it is against United States law. Call me, and let’s deal with it.

So, what is sexual harassment?

Many unwanted actions, words, or even images can be considered sexual harassment. It includes having to tolerate the “old boy” atmosphere of commenting on bodies, calling women vulgar names, or displaying pornography or dirty pictures. Certainly, unwanted touching and coerced sex is sexual harassment.

Does it matter if my co-worker, and not a supervisor, harasses me?

Yes and no. If a co-worker is harassing you, then, you need to report the problem. If you suffer in silence and management does not know, then management cannot fix it and might not be legally liable for the problem. Follow your employer’s harassment policy, if your employer has one. If the employer knew or should have known about the problem, then it is legally responsible if it fails to take immediate and appropriate corrective action.

If the boss or supervisor is sexually harassing employees, then the company is probably liable without further report, depending on the type of harassment and what has happened at work. Again, follow company policies. If the employer has no anti-harassment policy, then go to the supervisor’s boss. (And feel free to call me for advice.)

What happens if the company fires me for objecting to sexual harassment?

That kind of retaliatory discharge is against the law, and we can sue for the unlawful termination.

What are the legal options for dealing with sexual harassment?

With or without an attorney, you may file a complaint with the Oregon Bureau of Labor and Industries. BOLI will investigate the harassment, explore settlement options and / or issue its findings. An attorney can help you draft the complaint and help you present evidence to BOLI.

An attorney can also file a lawsuit on your behalf.

What happens if I win? What are the remedies for sexual harassment?

If fired for complaining, the employee can get her job back. Whether or not terminated, the employee may seek money for any loss of pay, costs of counseling or otherwise dealing with the issue, compensation for the mental and emotional humiliation and suffering, plus court costs and attorney fees.

You’d think that employers would know better and do what it takes to prevent sexual harassment, but it still happens. You do not have to put up with it. Call me, and let’s deal with it together. 503-665-4234.