Oregon Sexual Harassment Laws: The Complete Guide for 2026

The state of Oregon enforces strict rules on businesses in order to protect employees from sexual harassment in the workplace. Per Oregon’s Sexual Harassment Law, “employees have the right to a workplace free from harassment and discrimination”.

Here is everything employers need to know in order to maintain compliance with Oregon Labor Laws.

Oregon Sexual Harassment Laws

Oregon Sexual Harassment Law states that harassment and/or discrimination due to one of the following characteristics is illegal:

• Race
• Color
• Sex
• Sexual orientation
• National origin
• Religion
• Marital status
• Uniformed service
• Disability
• Age

In order to fully maintain compliance with the Oregon Workplace Fairness Act, employers must comply with the requirements regarding sexual harassment prevention.

What is the Definition of Sexual Harassment in Oregon?

Sexual harassment can include the following types of behavior toward an individual due to gender:

• Unwelcome sexual advances
• Requests for sexual favors
• Conduct of a sexual nature (verbal, physical, or visual)

Some common examples of behavior that could be classified as sexual harassment: 

• Repeated sexual flirtations, advances, or propositions
• Continued or repeated language of a sexual nature
• Graphic or degrading comments about an individual or his or her appearance
• The display of sexually suggestive objects or pictures
• Any unwelcome or abusive physical contact of a sexual nature
• Any behavior with the effect or purpose of creating a hostile, intimidating, or offensive workplace

Sexual harassment can also include conduct or behavior that is not sexual but is gender-related. It does not matter if harassment was done to a person of the same or of the opposite sex.

Oregon Sexual Harassment Prevention Policy

Oregon law requires employers to provide workers with a policy prohibiting discrimination and sexual assault. It is recommended that employers add this policy to any employee handbooks or welcoming packets to ensure they are received. 

Every policy must include the following information:

• Explain the process for employees to report sexual harassment
• The identity of the person, team, or department to which an employee can report sexual harassment
• An alternative person, team, or department to which an employee can report sexual harassment
• A statement on the statute of limitations for the pursuit of legal actions (no later than five years after the incident)
• A statement that advises or requires employers and employees to document any incidents involving unlawful discrimination and sexual assault
• A statement that an employer may not require or coerce an employee into signing a nondisclosure, nondisparagement, or similar agreement 

The policy must also explain that an employee claiming to be aggrieved by unlawful discrimination or sexual assault may voluntarily request to enter into a settlement, separation, or severance agreement. 

Such an agreement may contain a nondisclosure, nondisparagement, or no-rehire provision only if the employee has at least seven days to revoke the agreement after signing.

Oregon Sexual Harassment Training Requirements

Oregon does not require employers to administer sexual harassment training. However, employers that can afford to do so may want to consider such training, as it can help protect employees from harassment, thus protecting the employer from liability.

What if a Complaint Is Made to an Employer?

In the event that a complaint of sexual harassment is brought to the employer or designated person or team for complaints, or the employer / designated person or team becomes aware of harassment, the following steps must be followed:

1. The employer must promptly investigate the report to determine whether harassment occurred
   1. During the investigation, it is important to take detailed statements from the complaining person, the alleged harasser, and witnesses, as well as document the steps of the investigation
2. Determine if the allegations are supported by the investigation
3. IF ALLEGATIONS ARE TRUE: The employer must take "immediate and appropriate corrective action in order to put a stop to the harassment. 

Corrective action depends on the severity of the harassment, but examples of appropriate corrective action include: 

• Verbal or written warning
• Counseling
• Duspension
• Diversity training or education on harassment laws and appropriate workplace conduct
• Reassignment of workers to different locations or shifts
• Termination of the harasser

Employer Liability

Employer liability depends on the situation, and is why following proper precautions and requirements to prevent harassment is crucial.

When a "tangible employment action" occurs in connection with the harassment, the employer is automatically liable. A "tangible employment action" includes a wide range of actions, not all of which are negative. 

Examples include:

• Changes in work assignment
• Changes in work schedule
• Terminations
• Failure to promote

If the employer has prior knowledge of the harassment, it is crucial that immediate and appropriate corrective action, otherwise, an employer may still be held liable.

The same is true if an employer should have had prior knowledge of the harassment. In order to avoid being held liable inthis way, an employer must be able to prove:

• That the employer took reasonable care to prevent harassment, and
• That the complaining employee unreasonably failed to take advantage of preventive opportunities, such as the employer's complaint process

Get Help with Oregon Sexual Harassment Compliance

It’s crucial that employers understand what is required of them when it comes to preventing sexual harassment in the workplace, or otherwise face detrimental consequences in the event that harassment occurs.

However, employers are not alone; even though Oregon is known for its frequent legislative updates, an Oregon Payroll and HR Service can support your compliance, HR, and payroll operations.

Contact us today to get help or find a provider in Oregon today. 

 Guest Author: Scott Herson-Hord

Scott Herson-Hord is the CEO of Great Northern Staff Administrators (GNSA), an Oregon payroll and HR services company that specializes in serving small to mid-size businesses with administrative solutions to streamline back-office processes from benefits to human resources. Starting his career in finance and working more than 10 years as a controller for various companies, Scott leveraged this experience over the next 22 years with GNSA to become one of the pacific northwest’s foremost experts in human capital management (HCM).