Portland Oregon Employment Lawyer » Sexual Harassment

How Long Do You Have After Receiving a “Right to Sue” Letter from BOLI or the EEOC?

J Christiansen — Tue, 22 Sep 2009 17:18:13 +0000

At any point during their investigation of employment matters, the Oregon Bureau of Labor and Industries (BOLI) and/or the Equal Employment Opportunity Commission (EEOC) may issue what is called a “right to sue” letter. The agencies can issue these right to sue letters for any number of reasons. Regardless of why you received a right to sue letter, there is one thing you need to pay particular attention to: YOU HAVE 90 DAYS TO ACT. If you do not file suit within 90 days, some or all of your claims may disappear. As a practical matter, this means you need to start looking for an attorney right away. If you come to an attorney on day 86, there is a good chance you are going to run into some problems.

My office routinely reviews EEOC and BOLI files. In most cases, I suggest having an attorney review the status of an administrative investigation before any findings are issued. There are some cases where it is advantageous to close the administrative investigation before the agency has a chance to finalize its findings. This is a rather complex analysis and is something that needs to be considered on a case-by-case basis.

Are You Having Problems With Your Oregon Employment?

J Christiansen — Wed, 10 Dec 2008 18:56:41 +0000

If you are visiting this page, my guess is that you have a problem with your employer. If your employment is/was in Oregon, then you are off to a great start. Employment-related problems can be very difficult. Since most people rely on employment to pay bills, job loss or mistreatment at work can be life-consuming.

There is a wealth of Oregon employment law information available for you on this website. To get you started in the right direction, please click one of the links below. However, since the law changes frequently, you should not rely solely on anything you find here. Instead, it is best to discuss your situation with an attorney.

I truly hope the information here helps you understand some basic concepts related to employment rights and gets you started down the right path.

What is Constructive Discharge?

J Christiansen — Tue, 16 Sep 2008 19:51:26 +0000

In some cases, courts will apply the doctrine of constructive discharge when your job conditions were so bad that you had no choice but to quit. In appropriate cases, a court will apply employment laws as though you were discharged from employment.

As set forth in McGanty v. Staudenraus, 321 Or 535, 557 (1995), there are four (4) elements a former employee must establish to prove that s/he was constructively discharged:

The employer intentionally created or maintained specified working conditions;
The working conditions were so intolerable that a reasonable person would have resigned;
The employer desired to cause the employee to leave or was certain s/he would leave;
The employee left as a result of the working conditions.

In many cases, the question is whether the working conditions were “so intolerable” that a reasonable person would have resigned. Courts have interpreted these elements numerous times and I will try to cover some of these decisions in later blog posts.

Standing Up to Sexual Harassment

J Christiansen — Sat, 16 Aug 2008 00:37:52 +0000

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).

Using the Freedom of Information Act (FOIA) in Employment Law Cases

J Christiansen — Sun, 06 Jul 2008 13:22:13 +0000

Here is a great suggestion from another Portland, Oregon attorney I was speaking with last week. The Department of Justice (DOJ) and the Oregon Bureau of Labor and Industries (BOLI) are subject to the Freedom of Information Act (FOIA). This means that any member of the public can request records from these agencies. Assuming the information is not confidential, you will be provided with access and/or copies of pertinent information.

Why this is important:
From an evidentiary standpoint, it can be helpful to show whether an employer has or has not been subject to complaints in the past. This can help establish/erode credibility and prove your case. And, if the employer has engaged in unlawful conduct in the past, it can help make it easier to obtain penalty wages. See ORS 652.150.

For more information
U.S. Department of Labor – Click here to read about FOIA requests
Oregon Bureau of Labor and Industries – Call 971-673-0761

Oregon Employees Are Entitiled to View Their Personnel Files

J Christiansen — Fri, 27 Jun 2008 01:26:59 +0000

All employees in Oregon are entitled to view their employment records, subject to the limitations contained in ORS 652.750. If an employee believes that payment calculations were made in error or that discriminatory conduct occurred, it is usually worthwhile to request employment records.

What exactly are employees entitled to? Under ORS 652.750(2), the employee can review all records used to determine:

Qualification for Employment
Promotions
Compensation
Disciplinary Action
Termination

ORS 652.750(3) requires the employer to keep these records intact and produce them on demand for 60 days following termination of employment. The statute also requires, by implication, that employers keep records available during the course of employment, with a few exceptions.

The employer may charge for the records, but only a reasonable amount to recoup the actual cost of providing the records (photocopy charges, etc.)