sexual harassment

The prohibition of gender discrimination in Title VII and the Oregon Fair Employment Practices Act also gives rise to the legal claim of sexual harassment. There are two types of sexual harassment. The first is quid pro quo sexual harassment. The second is hostile workplace sexual harassment. Both are illegal.

Quid pro quo sexual harassment occurs when a supervisor offers to an employee some sort of benefit in exchange for a sexual favor. Quid pro quo sexual harassment is illegal if the employee in question succumbs to the request. It is also illegal where the employee in question rejects the offer and suffers some sort of adverse consequence because of the rejection.

Hostile workplace sexual harassment occurs when there has been “a ‘pattern of ongoing and persistent harassment severe enough to alter the conditions of employment.’” Burrell v. Star Nursery, Inc., 170 F.3d 951, 954 (9th Cir. 1999). This occurs when an individual has subjected to numerous sexual advances or inappropriate conduct of a sexual nature an employee of the employer. A single, very severe act can also constitute sexual harassment. An example of this is when an employee is the victim of a sexual assault.

As with all Title VII claims, sexual harassment claims must first go through the EEOC filing process. Under the Oregon Fair Employment Practices Act an employee who is the victim of sexual harassment has the choice of either filing an administrative charge or proceeding directly to court.