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When is an Employer Liable for Sexual Harassment in Oregon?


— December 14, 2021

As unfortunate as it is, merely stating that a person committed such an act will not be enough, and a person will need to provide some form of proof that this happened.


The question of legal liability will always arise when a person considers filing a sexual harassment claim. All victims want to know if they can hold the perpetrator or employer responsible for the sexual harassment that took place. The employer has a responsibility to make sure all of their employees have been properly trained on matters regarding sexual harassment. They also have to make sure they post a clear notice in the workplace indicating how to reach out for help if sexual harassment is occurring.

Employers also have the heavy responsibility of responding properly to any complaints that come their way. If an employee files a sexual harassment claim, and they fail to take it seriously then they can be held liable as well. The employer will be liable if they failed to follow protocol and if they failed to take the complaint seriously.

This sort of harassment is taken very seriously by the law because it is a form of discrimination in the workplace and is considered so by both federal law and the law of Oregon. Any form of unwelcome sexual touch or behavior that is either hostile or consistent should be reported to the manager and HR as soon as possible. It will always work in a person favor if they make sure to gather as much evidence as they can find because their entire case will be based on the evidence they can provide. As unfortunate as it is, merely stating that a person committed such an act will not be enough, and a person will need to provide some form of proof that this happened. This can usually be through eyewitness statements or similar evidence.

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Victims can file an actionable claim against their employer in certain conditions. They can file a claim if submission to the conduct is a term of employment and failing to submit will result in unfair employment decisions being made. They can also make a claim if the conduct is interfering with their ability to work, and it is creating a very hostile work environment.

Is a single incident of sexual harassment sufficient for a claim in Oregon?

One separate incident of sexual harassment may or may not be sufficient to file a successful claim. It all depends on how severe the act was and how much damage it actually ended up causing to the victim. It is very unfortunate to have to be the victim of sexual harassment and anyone who finds they are being abused in their workplace in such a way should call a sexual harassment lawyer as soon as possible so they get significant help filing their claim.

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