For Oregon Employers and HR Leaders
Employers
Counsel and defense for employers on preventing and responding to concerns or complaints about workplace or sexual harassment and hostile work environment
For Oregon Workers and Executives
Employees
Representation for employees experiencing workplace or sexual harassment, including hostile work environment.
Who We Are
Buchanan Angeli Sullivan & Ferrer LLP serves employers and employees seeking a workplace harassment attorney in the Portland area and Pacific Northwest in litigation, employment law advice, and investigations. For employers, our work includes counsel on preventing discrimination, including workplace harassment, responding to complaints and conducting investigations. For employees, our work includes representation of individuals in sexual harassment, hostile work environment, and other harassment and retaliation claims. We represent clients in state and federal courts, and before the Oregon Bureau of Labor and Industries and the Equal Employment Opportunity Commission.
Harassment claims most commonly arise from patterns of behavior that impact the work environment. Liability often turns on whether the employer responded promptly and appropriately to reports or concerns. Our experience helps us provide our clients with a practical understanding of how the legal standards apply to the facts presented in an individual harassment case. This includes how courts evaluate the adequacy of an employer’s responses, through investigations, policies, and reporting procedures under state and federal law.
We encourage clients to involve counsel early. For employers, the organization's response to an employee complaint may be the difference between significant exposure and avoiding a legal claim altogether. For employees dealing with inappropriate workplace conduct, getting advice early helps make sure the matter is addressed properly, and if the employer does not address it, puts the employee in a stronger position.
Meet Our Portland Team Handling Workplace Harassment Cases
Workplace Harassment Issues We Help
Employers
We advise employers on how to avoid and respond to workplace harassment, including by providing training, conducting and/or advising on workplace investigations, and drafting policies that comply with applicable law, including the Oregon Workplace Fairness Act. We also defend employers in litigation and before state and federal agencies.
Workplace Harassment Issues We Help Employers Navigate
Workplace harassment is a category that covers a range of legal claims, including the following:
Sexual Harassment Complaints
Reports of unwelcome sexual conduct, comments, advances, or communications by a manager, coworker, or third party
Hostile Work Environment Allegations
Workplace conduct tied to a protected characteristic that is alleged to have been sufficiently severe or pervasive to alter the conditions of employment and create an abusive workplace. These claims usually involve a pattern of incidents rather than a single event. When the conduct targets a specific protected class, it may also support a discrimination claim.
Quid Pro Quo Claims
An employee alleges that a job benefit or adverse employment action was conditioned on submission to or rejection of sexual conduct. These cases tend to involve supervisory staff, which increases the employer's liability
Retaliation Following a Harassment Complaint
An employee who reported harassment, participated in an investigation, or supported another employee's complaint claims they were subjected to adverse action based on their report, support, or participation
Third-Party Harassment
The alleged harasser is a client, contractor, or other third party. Employer liability usually depends in part on what the organization knew or should have known, and whether the employer took prompt and appropriate action to address the alleged conduct
Internal Investigations
A complaint or an anonymous report that triggers an investigation. The adequacy of the employer’s investigation is often central in determining whether the employer will face liability
Oregon Workplace Fairness Act Compliance
Claims that the employer violated wage and hour statutes, such as final wage payment claims, unlawful deductions from pay, or failure to pay overtime or to provide required meal periods or rest breaks, or that a termination was motivated by retaliation against an employee for raising concerns about compliance with wage and hour laws
Separation Agreements in Harassment Matters
Drafting and negotiating separation terms that comply with Oregon law and provide effective releases of claims.
How We Work With Employers
Our work with employer clients in harassment matters generally follows this process:
Risk Assessment
We review the complaint, identify the people and conduct involved, and assess the potential risk to the organization.
Investigation
Depending on what the matter requires, we determine the scope and structure of the investigation. The investigation gives the employer the information it needs to decide on appropriate remedial action.
Response and Remediation
Depending on the facts, effective and appropriate remedial action may include discipline, including termination, training, or other actions to ensure that the harassing conduct stops.
Defense and Resolutiony
We represent employers in agency proceedings, litigation, mediation, arbitration, and in responding to demands from current or former employees.
Workplace Harassment Representation for
Employees
For employees, our work in workplace harassment claims begins with a careful assessment of the conduct, the employer's response (or lack of response), and the legal claims available under applicable state and federal law. Employees dealing with workplace sexual harassment in Portland often contact the firm regarding their internal complaints, retaliation, or failed investigations.
Common Issues in Workplace Harassment Cases
Workplace harassment claims often involve sexual harassment, hostile work environments, retaliation, or an employer's inadequate response to a complaint. The conduct often continues over time, and the legal standards are not always intuitive.
Sexual Harassment
Sexual harassment claims involve unwelcome sexual conduct, comments, advances, or communications in the workplace, including by supervisors, coworkers, or third parties such as clients or vendors
Hostile Work Environment
These claims involve conduct tied to a protected characteristic that is severe or pervasive enough to create a hostile or abusive work environment, including conduct based on sex, race, age, religion, disability, national origin, sexual orientation, or gender identity. When the conduct targets a protected class, it may also support a discrimination claim.
Quid Pro Quo Harassment
A supervisor conditions a job benefit, or threatens a job detriment, on the employee's response to sexual advances or other unwelcome conduct
Retaliation After Reporting Harassment
These claims involve an adverse reaction against the employee after reporting harassment, participating in an investigation, or supporting another employee's complaint
Inadequate Employer Response
These claims arise from an employer's failure to investigate a harassment complaint, an investigation that was perfunctory or biased, or a response that left the employee in continued contact with the harasser without adequate protection from future harassment
How We Work With Employees
We represent employee clients through every stage of a harassment matter. Here is more about our process:
Intake & Consultation
We meet to discuss the conduct at issue, what documentation and communications exist, what reporting (if any) has occurred internally, and our client's goals.
Legal Assessment
We evaluate whether the conduct meets the legal standard for harassment under Oregon, federal, or other applicable law, including whether the conduct is severe or pervasive, who is responsible for the conduct, and what remedies are available.
Strategy and Recommendation
We discuss the available paths. These can include internal resolution, a BOLI or EEOC charge, a negotiated separation with the employer, or litigation.
Representation
We advocate for our client through resolution, whether the matter ends in an internal process, an agency proceeding, a settlement, or trial.
Contact Buchanan Angeli Sullivan & Ferrer
Whether you are an Oregon employer responding to a harassment complaint or an employee experiencing harassment in the workplace, an early conversation can clarify the situation.
Frequently Asked Questions About Workplace Harassment in Oregon
Below are common questions employers and employees ask about workplace harassment and sexual harassment claims in Oregon.