Best Sexual Harassment Lawyers in Portland
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Find a Lawyer in PortlandAbout Sexual Harassment Law in Portland, United States
Sexual harassment in Portland, Oregon is addressed through a combination of federal, state, and local laws. Federal law - primarily Title VII of the Civil Rights Act of 1964 - prohibits sexual harassment in employment by employers with a sufficient number of employees. Oregon state law provides similar and sometimes broader protections through the Oregon Bureau of Labor and Industries rules and state anti-discrimination statutes. In addition, the City of Portland enforces local civil-rights protections and offers local resources for workers and residents. Sexual harassment can take many forms - from unwanted sexual comments and requests for sexual favors to a hostile work environment or quid pro quo situations - and can give rise to administrative complaints, civil lawsuits, and in some cases criminal investigations if conduct also amounts to assault or sexual violence.
Why You May Need a Lawyer
A lawyer can help at nearly every stage when you believe you have experienced sexual harassment. Common situations where legal counsel is valuable include:
- When internal complaints to an employer or human resources do not stop the behavior or lead to appropriate corrective action.
- When you face retaliation for reporting harassment - for example, termination, demotion, reduced hours, or other adverse changes in employment.
- When the harassment is severe or persistent and you are considering filing a formal administrative charge with a government agency or a civil lawsuit.
- When you need help preserving evidence, documenting incidents effectively, and identifying witnesses.
- When you want an assessment of potential damages - for example, back pay, reinstatement, compensatory damages for emotional distress, or punitive damages where available.
- When your matter involves complex jurisdictional issues - for example, when the employer operates in multiple states, or when you are deciding between state and federal filings.
- When the harassment overlaps with criminal conduct and coordination with law enforcement or victim services is needed.
Local Laws Overview
Key legal frameworks and local features to know in Portland, Oregon include:
- Federal law: Title VII of the Civil Rights Act prohibits workplace discrimination and harassment on the basis of sex. The Equal Employment Opportunity Commission enforces federal claims and may investigate or mediate claims.
- Oregon state law: The Oregon Bureau of Labor and Industries - BOLI - enforces state anti-discrimination laws, including protections against sexual harassment in employment. BOLI handles administrative complaints, investigations, and sometimes mediation or conciliation.
- Local ordinances and city enforcement: The City of Portland has civil-rights protections and local offices that can provide guidance and resources to residents and employees. Local rules often parallel state protections and can provide additional complaint avenues or local support services.
- Criminal law distinction: Sexual harassment is typically an employment civil-rights issue, but some harassing behaviors may also be criminal - for example, sexual assault, indecent exposure, stalking, or coercion. Those matters are handled by local law enforcement and the criminal justice system.
- Remedies and limitations: Remedies may include reinstatement, back pay, injunctive relief, compensatory damages for emotional harm, and attorney fees. Damage caps, procedural prerequisites, and deadlines vary depending on whether you file with a federal agency, a state agency, or in court. Administrative processes like BOLI investigations may be required or advisable before filing a lawsuit.
Frequently Asked Questions
What counts as sexual harassment under the law?
Sexual harassment includes unwelcome conduct of a sexual nature when submission to the conduct is made explicitly or implicitly a condition of employment - known as quid pro quo - or when the conduct is severe or pervasive enough to create a hostile or abusive work environment. It can include verbal comments, physical touching, sexual advances, display of explicit materials, sexual texts or images, and other unwelcome behavior tied to sex or gender.
Should I report sexual harassment to my employer first?
Yes, you should consider reporting internally when it is safe to do so. Employers often have policies that require complaints to be filed with human resources or a designated manager. Reporting gives your employer a chance to address the problem and can strengthen later legal claims by showing you sought a remedy. If you fear immediate harm or retaliation, prioritize safety and consider contacting law enforcement or victim services first.
How long do I have to file a complaint?
Deadlines vary. For federal claims, the EEOC filing deadline is commonly 180 days from the incident, with an extension to 300 days in some circumstances. State administrative bodies like BOLI often have their own deadlines - commonly about one year for employment discrimination claims. Civil lawsuits have separate statutes of limitations. Because timelines differ and can be short, consult an attorney or a government agency promptly.
Can I be fired or punished for reporting harassment?
No, retaliation for reporting sexual harassment is illegal under federal and state law. Retaliation can include firing, demotion, wage reduction, harassment, or other adverse actions. If you experience retaliation after making a good-faith complaint, that can form the basis of an additional legal claim.
What if the harasser is a co-worker, not my supervisor?
Employers have a duty to prevent and correct harassment by co-workers as well as supervisors. If a co-worker harasses you and the employer knows or should have known about it but fails to take effective corrective action, you may still have a claim against the employer. Reporting to your employer gives them the opportunity to act.
Do I need a lawyer to file a charge with the agency?
You do not need a lawyer to file an administrative charge with BOLI or the EEOC, but a lawyer can help you prepare a clear, well-documented complaint, preserve evidence, meet procedural requirements, and evaluate whether to pursue mediation or later litigation. Many lawyers offer a free initial consultation to review your options.
What kinds of remedies can I get if my claim is successful?
Potential remedies include back pay, front pay or reinstatement, compensatory damages for emotional distress, punitive damages in some cases, injunctive relief to change workplace practices, and recovery of attorney fees and costs. Available remedies depend on the law you use, the size of the employer, and the facts of the case.
What evidence should I collect and preserve?
Document dates, times, locations, and descriptions of incidents. Keep copies of emails, text messages, social media communications, photos, screenshots, performance evaluations, and any relevant personnel records. Note witnesses and save voicemail or other recordings if legally obtained under state law. Store backups in a safe place outside your workplace email or systems.
Can sexual harassment claims turn into criminal cases?
Yes, if the behavior also meets elements of a crime - such as sexual assault, forced sexual activity, threats, stalking, or other violent conduct - law enforcement can investigate and criminal charges may follow. Civil and criminal cases are separate - you can pursue a civil claim while criminal proceedings are pending, but your lawyer will advise about strategic timing and protections for your rights.
How do I find a lawyer experienced in sexual harassment cases in Portland?
Look for attorneys who focus on employment law, civil rights, or workplace harassment and who handle cases in Oregon. Check credentials, reviews, and whether they offer an initial consultation. You can contact the Oregon State Bar referral service, local legal aid clinics for low-income clients, or associations that list practicing employment law attorneys. Ask about fee structures - hourly rates, contingency arrangements, and who pays costs if you prevail.
Additional Resources
Below are types of local and national resources that can help you get information, support, and legal guidance:
- Oregon Bureau of Labor and Industries - BOLI - handles state employment discrimination and sexual harassment complaints and provides complaint forms and guidance.
- U.S. Equal Employment Opportunity Commission - EEOC - enforces federal employment discrimination laws and can accept charges for sexual harassment.
- City of Portland local civil-rights or human-rights offices - these city offices can provide local complaint information and referrals to services and supports.
- Local victim advocacy and crisis services - organizations in Multnomah County and Portland provide confidential support, counseling, safety planning, and advocacy for survivors of sexual harassment and sexual violence.
- Oregon Coalition Against Domestic and Sexual Violence - a state-level network that provides resources and referrals for survivors and service providers.
- Multnomah County victim services and local law enforcement victim advocacy units - for matters that may involve criminal conduct or emergency protective orders.
- Oregon State Bar - for referrals to qualified employment law attorneys and information about legal aid for low-income individuals.
- National hotlines and advocacy organizations - national sexual assault hotlines can provide immediate confidential support and referrals.
Next Steps
If you believe you have experienced sexual harassment in Portland - take these practical next steps:
- Prioritize safety. If you are in immediate danger, call 911. For urgent safety planning, contact local victim services.
- Document everything. Create a written timeline of incidents, save messages, emails, photos, and any other evidence. Note witnesses and any internal reports you make.
- Report internally when safe. Follow your employer's complaint procedures to report harassment to HR, a manager, or a designated official. Ask for written confirmation that your complaint was received.
- Consider an agency filing. Contact BOLI or the EEOC promptly to learn about deadlines and the process for filing an administrative charge if you plan to pursue that route.
- Get support. Reach out to local advocacy groups for emotional support, counseling, and help with next steps. Advocacy groups can also assist with safety planning and navigating the reporting process.
- Consult a lawyer. Speak with an experienced employment or civil-rights attorney to discuss your legal options, likely outcomes, and whether to pursue negotiation, mediation, administrative charges, or a lawsuit. Many attorneys offer free initial consultations.
- Know your rights. Learn about anti-retaliation protections and the remedies that may be available to you.
Act promptly. Time limits apply to administrative filings and lawsuits, and taking early steps - documenting incidents and seeking legal advice - will protect and preserve your options.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.