What is Sexual Harassment in Oregon?
Sexual Harassment in Oregon can come in many different ways. It can include conduct that may be sexual or gender-related. Any form of discrimination based on race, religion, age, sex, sexual orientation, national origin, or color is illegal and shouldn’t be tolerated. Unfortunately, these forms of harassment happen more frequently than one might think. In this article, we’ll discuss how to know if you’re being sexually harassed and what steps to take next. Everyone has the right to feel safe from all forms of discrimination and harassment.
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Types of Sexual Harassment in Oregon
Sexual harassment is never okay. Whether you’re in public, or at work, you shouldn’t have to put up with it. Harassment and discrimination can show up in a variety of ways. Some are much more obvious than others. It can look like requests for sexual fovors, unwanted sexual advances, or any conduct of a sexual nature. Any verbal, visual, or physical sexual advances directed toward an individual because of gender or sexuality are considered harassment. Sexual harassment is a form of discrimination prohibited in the workplace under both Oregon law and federal law.
Forms of Sexual Harassment
Legally, sexual harassment is considered a form of sexual abuse. Sexual abuse isn’t merely considered inappropriate, but illegal. Perpetrators can face accountability for their actions in court. There are multiple state and federal laws that provide specific protections to employees who deal with sexual harassment on the job.
Generally speaking, there are three main types of sexual harassment.
1. Physical Sexual Contact
Unwanted physical contact is considered sexual harassment but can also be borderline sexual assault depending on how extreme the encounter was. Some of these physical unwanted behaviors may include:
● Hugging or kissing
● Pinching, grabbing, rubbing, or patting
● Any other form of unwanted or unsolicited touching
2. Verbal Sexual Harassment
Verbal harassment may be the most common form of sexual harassment. Saying anything that is sexually suggestive, sexually explicit, or makes an unwilling recipient feel uncomfortable falls under this category. Here are some examples of verbal sexual harassment:
● Commenting on a person’s appearance
● Using a sexual tone when speaking
● Expressing a desire for sexual contact
● Telling inappropriate sexual jokes
● Using sexually explicit language
3. Non-Verbal Sexual Harassment
This form of harassment takes place when no verbal speech is used but there isn’t any physical form of contact taking place either. However, there are still messages of a sexual nature exhibited. For example:
● Sending emails or text messages of a sexual nature
● Stalking or staring at a person
● Blocking a doorway
● Exposing oneself
● Showing videos of a sexual nature
What is Sexual Harassment in Oregon?
Sometimes it can be difficult to decipher what’s sexual harassment and what’s not. A person who is intentionally harassing or annoying another person by one of the following ways is considered sexual harassment: subjecting another person to offensive physical contact or publicly insulting a person by inappropriate gestures or abusive words. Manners intended to provoke violent responses are also harassment.
Is sexual Harassment a Crime in Oregon?
A single incident of harassment may not be considered unlawful sexual harassment. An occasional comment like “honey” or “Hey, baby” generally doesn’t constitute unlawful sexual harassment. However, a single incident of extreme verbal or physical conduct is definitely unlawful. For example, a boss demanding sexual favors or threatening to terminate your employment is completely against the law. One major component to knowing if a behavior is a harassment is if it was unwelcome. Sexual harassment can occur between individuals of the opposite and same-sex.
Can you go to Jail for Sexually Harassing someone in Oregon
If you’ve experienced sexual harassment, there are things you can do to protect yourself and make it stop. You have legal rights that can help. If you’ve been harassed by the same person more than once or the harassment has made you feel alarmed, you can take the harasser to civil court. The court can order the person to stay away from you. This is called getting an injunction. You may also be awarded compensation for your distress.
If the person continues the harassment after getting an injunction, they’ve broken the law. This means there is a chance they could go to prison. Seek legal help before taking your situation to court.
It’s worthwhile to note that harassment is typically a Class B misdemeanor that carries a potential sentence of 6 months in jail and fines as high as $2500.
However, if you have a prior conviction for stalking on your record or a protective order violation, you could face a Class C felony. This would involve a potential prison term of 5 years and fines as high as $125,000.
What is quid pro quo sexual harassment?
Quid Pro Quo is a Latin phrase that essentially means “a favor for a favor” or, “this for that.” In a workplace setting, this could look like a manager, executive, or supervisor offering some form of employment benefit to an employee or subordinate who will agree to sexual advances of some nature. This understanding could result from either a direct request through suggestive words or conduct that shows the superior’s willingness to provide beneficial opportunities.
What is a Hostile Work Environment?
A hostile work environment comes about when an employee has had to endure unwanted sexual advances so frequently that they feel uncomfortable showing up to work each day. This typically does not involve a quid pro quo situation. Typically a hostile work environment involves pervasive harassment such as an employee repeatedly being sent unwanted offensive emails or texts from a coworker.
The state of Oregon has specific regulations that make a hostile work environment against state law. Hostile work environment lawsuits often involve a variety of discriminations such as gender issues, religion, or race. If any of these forms of harassment are significant and ongoing, they constitute a hostile work environment. These areas are also covered under federal laws.
If an employee filed a grievance to Human Resources or to management, stating they are experiencing these forms of discrimination to the point of making it difficult to return to work each day, the employer much conduct a comprehensive investigation.
Sexual Harassment in Oregon Conclusion
When it comes to sexual harassment in Oregon, the specific circumstances involved shouldn’t be the issue. You shouldn’t and don’t have to put up with it. If you feel you’ve been sexually harassed or are worried that a loved one could be a victim, reach out to an experienced attorney for help.
If you’re facing Stalking, Menacing, or Harassment charges in Oregon, you’ll have to appear in court to defend yourself. You’ll need the best representation possible by your side. Whether you believe you’re absolutely innocent of the charges against you or you did something you now regret, you’ll need an excellent defense lawyer.
Shannon Powell with Powell Law is an experienced Beaverton lawyer who will help evaluate your case and offer a free criminal defense consultation to anyone in need. He’ll give the best advice for your situation and help you down this uncharted road. Contact Powell Law for all your legal questions.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
