Sexual Harassment: Exploring Unlawful Employment Practices

It is likely Ms. Saxon has a cause of action for sexual harassment. The sex-based remarks directed at her, as well as her employer’s failure to rectify the situation after Ms. Saxon approached the foreman, probably constitute unlawful employment practices.

Rule : Unlawful employment practices are defined by Oregon statute 659A.030, which states: “(1) It is an unlawful employment practice: . . . (b) For an employer, because of an individual’s race, religion, color, sex, national origin, marital status or age. . ., to discriminate against such individual in compensation or in terms, conditions or privileges of employment.” Or. Rev. St. 659A.030(b). The statute is intended to provide protection for Ms. Saxon if she experiences workplace discrimination based on her sex. Its goal is to “insure human dignity of all people within this state, and protect their health, safety and morals from the consequences of intergroup hostility, tensions, and practices of discrimination.” Fred Meyer, Inc. v. Bureau of Labor, 39 Or. App.

Meyer, 39 Or. App. at 264, 592 P.2d at 571. Racially-based remarks were directed at the 16-year-old claimant by his co-workers during his first job. These remarks were representative of “prejudicial stereo-types and interpersonal sensitivity” directed at his skin color and race and were intended to “embarrass, offend, and isolate” him, causing distress and angst. Id. at 255-57, 592 P.2d at 566-67. The racial discrimination was a continual pattern, not trivial, and it was clearly differential from the treatment of the other employees. The court stated that “it would take an unusually calloused person not to feel humiliation as a result of the conduct complained of,” and the court stated that it was a reasonable inference to make. Id. at 270, 592 P.2d. at