An employee in Oregon may be able to sue their employer for a toxic work environment or a hostile work environment in certain situations. When an employee files a lawsuit based on this type of workplace issue, it is called a hostile work environment lawsuit.
Lawsuits claiming hostile work environments may be filed in an Oregon state court or a federal court. The federal agency that enforces federal workplace discrimination laws that protect employees is the Equal Employment Opportunity Commission (EEOC).
When an employee submits a workplace-related complaint, the Oregon state agency or the EEOC conducts an investigation of the workplace to determine if it reaches the level of a hostile work environment. There are many different factors that can contribute to this determination, such as:
- The type of conduct
- How severely the harassment affected the employee
- The frequency of harassment
- Discriminatory intent
- The employer’s response
What Is a Hostile Work Environment?
A hostile work environment will occur in a workplace when an employee is facing harassment, making it difficult or even impossible for them to perform their job duties. A hostile work environment can arise based on one or more characteristics that are federally protected, including:
- Race
- National origin
- Genetic information
- Disability
- Religion
- Color
- Age, if 40 or older
- Sex, including pregnancy
- Other characteristics that are legally protected
A hostile work environment in a workplace may be created by multiple categories of individuals, not all of who are employed there, including:
- Coworkers
- Visitors
- Contractors
- Managers
- Vendors
- Supervisors
- Repeat clients
- Other individuals or staff
Another form of harassment that may cause a hostile work environment is sexual harassment. If an employee in Oregon thinks they may be working in a hostile work environment, it is important to consult with an attorney for help resolving the issue.
What Qualifies as a Hostile Work Environment in Oregon?
In the State of Oregon, a hostile work environment arises when the employee endures pervasive or severe harassment or discrimination that makes their work environment hostile, abusive, or intimidating. This conduct has to be related to a protected characteristic under federal or Oregon state law, including:
- Color
- Race
- Religion
- Sex
- Age
- National origin
- Sexual orientation
Specific examples of what may qualify as a hostile work environment in Oregon include:
- Persistent discriminatory jokes or comments based on the protected characteristics listed above
- Sexual harassment, including:
- Unwanted sexual advances
- Requests for sexual favors
- Other types of physical or verbal harassment of a sexual nature
- Bullying or intimidation based on a protected characteristic, such as:
- Threatening behavior
- Sabotage of work
- Verbal abuse based on a protected characteristic
- Displaying offensive material, such as:
- Racially offensive symbols
- Explicit materials
- Derogatory content towards specific groups in the workplace
- Retaliation for a complaint, such as:
- Demotion
- Exclusion
- Unfavorable job assignment
What Happens During a Hostile Work Environment Investigation?
When an investigation of a hostile work environment is being conducted, the agency reviews the conduct of the employee in addition to their workplace situation so the agency can determine the pervasiveness of the harassment. In the majority of investigations, one incident alone will not reach the level of a hostile work environment unless that incident was very serious.
The employee who submits a complaint will have to show that the intent of the harasser was discriminatory and was based on a federally protected characteristic if their complaint is submitted to a federal agency or filed in a federal court. The agency investigating the complaint will review how the employer and management responded to the workplace issue. If members of management were notified of the problem and did not take any steps to remedy the issue, the employer may be held liable.
Typically, the employee will have to show that the harassment in the workplace negatively affected their ability to do their job duties. When an Oregon employee is having an issue in their workplace, they should reach out to a local attorney in Oregon to determine if there are local or state laws that apply to their case in addition to the federal laws that apply.
When Should I File My Claim for a Hostile Work Environment?
A claim for a hostile work environment should be filed by an employee once they have completed a couple of steps. The first step is to notify parties about the harassment, including:
- The harasser themselves
- Management
- Human Resources
This should be done prior to filing a claim as it will demonstrate that the employee being harassed did request the harasser stop and notify the proper parties about the situation. If the harassment keeps going, an employee can file a claim with an Oregon agency or the EEOC.
The agency that receives the claim will try and resolve the issue. If a claim is submitted to the EEOC and the EEOC is not able to resolve the situation, the EEOC may provide the employee with a Right to Sue Letter.
Once the employee receives a Right to Sue Letter from the EEOC, they will have 90 days to file a lawsuit in court.
How Do I Prove a Hostile Work Environment?
When an employee needs to prove a hostile work environment, they will need to take the steps discussed above and ensure the proper notification was made to the appropriate parties. The agency that investigates the claim will determine whether or not management has taken proper steps to remedy the issue.
The employee should keep detailed records of any communications they had regarding the harassment because it can support their claim. The employee will also have to show that the harassment was so severe that it affected their ability to work.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
A court may be able to award different types of remedies in hostile work environment cases. The most commonly provided remedy is compensatory damages.
This is a monetary award that is intended to compensate the employee for their lost wages or benefits that the employee lost as a result of the workplace harassment. Another category of remedies that can be awarded is equitable remedies, which are provided when the compensatory damages are not adequate compensation.
This type of remedy can include requiring the employer to update their policies and procedures to prevent and address workplace harassment issues. If the conduct of the employer was outrageous, such as participating in or encouraging the harassment, they may have to pay punitive damages.
Do I Need an Oregon Lawyer for a Hostile Work Environment Lawsuit?
If you are an employer or an employee in Oregon who is having issues with a hostile work environment, you should consult with an Oregon harassment lawyer. You do not have to have legal representation to submit a complaint to an agency or to participate in an agency investigation. However, it is still important to consult with a lawyer, as there can be serious consequences in the future during litigation.
LegalMatch can help you resolve your workplace issue by matching you with a pre-screened and licensed attorney in your area who can help. Simply submit your question or concern on the website, and within about 24 hours, you will get responses from lawyers who can help, including their background, education, fees, and reviews from other clients.
