Standing Up to Sexual Harassment

August 15, 2008

Oregon courts (and Federal courts) have continually held that employees have a right to be free from sexual harassment. Holien v. Sears, Roebuck and Co., 298 Or 76, 90, 689 P2d 1292 (1984).    From a legal standpoint, sexual harassment is classified as unlawful discrimination on the basis of gender.  OAR 839-005-0030(1).  Sexual harassment may include unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature based on a person’s gender.  The law recoginzes that such conduct creates a hostile, offensive, or intimidating working environment.  OAR 839-005-0030(1)(b).  Especially in cases where enduring sexual harassment is an express or implied term of employment or where submission to or rejection of the conduct is used as the basis for an employment action, employers may be liable to employees for the conduct.  OAR 839-005-0030(1)(a).

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