Equal Employment Violations in Oregon: Know Your Rights as an Employee
Equal employment violations harm employees through discrimination, unequal pay, or retaliation. Learn your rights in Oregon and how an employment lawyer can help.
If you were punished at work for speaking up, reporting discrimination or harassment, raising safety concerns, or taking protected leave, you may have a workplace retaliation claim. Our Oregon workplace retaliation attorneys in Portland represent employees across the state who have been fired, demoted, harassed, or otherwise mistreated for asserting their rights.
Talk to an experienced Oregon retaliation lawyer about your situation. We offer free consultations to employees throughout Oregon.
Whenever the law provides a remedy for victims of retaliation it encourages employees to come forward with evidence that will make our world safer and more just.
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity such as making a report or opposing unlawful employment practices. Retaliation can include any negative job action such as demotion, discipline, firing, salary reduction, or job shift or reassignment.
Retaliation can also be more subtle. As long as the employer’s adverse action would deter a reasonable person in the situation from making a complaint, it constitutes illegal retaliation.
To establish a retaliation claim, employees typically must prove three key elements:
The timing of retaliation claims is crucial. In Oregon, employees generally have one year from the date of the retaliatory action to file a complaint with the Bureau of Labor and Industries (BOLI), though federal claims may have different deadlines.
Employees should document all incidents, including dates, witnesses, and any communications related to their protected activity and subsequent treatment.
Meyer Employment Law represents clients in employment retaliation cases throughout the state of Oregon. Federal and Oregon laws protect employees from retaliation when employees complain—either internally or to an outside body like the Equal Employment Opportunity Commission (EEOC), the Bureau of Labor and Industries (BOLI), the Occupational Health and Safety Commission (OSHA), and other governmental organizations—about workplace discrimination, harassment, or safety concerns.
A report does not have to be substantiated for the employee to be protected from retaliation. Usually, the worker must simply have a good faith belief when reporting a violation of law or unsafe working conditions.
Protected activities extend beyond formal complaints to government agencies. Internal reports to supervisors, human resources, or compliance departments also qualify for protection. Even participating in investigations, serving as a witness in discrimination cases, or refusing to participate in discriminatory practices can trigger retaliation protection.
Federal and Oregon laws entitle employees to a safe workplace. Employers must keep the workplace free of known health and safety hazards. Employees have the right to speak up about hazards without fear of retaliation. Employees may report to any person, orally or in writing, any information they believe in good faith to be a violation of the law.
Oregon’s whistleblower laws provide additional layers of protection for employees who report violations of law, misuse of public funds, or substantial and specific dangers to public health and safety. These protections extend to both public and private sector employees and can cover reports made internally or to external agencies.
If an employer has punished an employee because they are concerned about safety or health conditions where they work, that is retaliation and it is against the law. Under the Oregon Safe Employment Act, employers cannot punish employees for being concerned.
If you have been subject to retaliation by your employer, please contact our office to inquire about a free consultation. We would be happy to discuss your situation.
Successful retaliation claims can result in various forms of relief, including:
Our attorneys at Meyer Employment Law can assist you with employment retaliation claims in Oregon, including cases where an employer has terminated you, demoted you, or otherwise taken adverse action against you for the following:
Beyond the activities listed above, Oregon law also protects employees who:
If you believe you’re experiencing workplace retaliation:
If you believe your employer has retaliated against you for asserting your rights, you do not have to face it alone. An experienced Oregon retaliation lawyer can help you understand whether the law protects your activity, evaluate the strength of your claim, and pursue compensation and other remedies.
Contact our office today to discuss your situation with an Oregon workplace retaliation attorney.
Retaliation isn’t always obvious termination. Subtle forms include:
Do you have questions about workplace retaliation in Oregon? Our team can review what happened, explain your legal options, and help you decide what to do next. Contact our office to schedule a free consultation with an Oregon retaliation attorney.
What is workplace retaliation in Oregon?
Workplace retaliation happens when an employer punishes an employee for engaging in a protected activity, such as reporting discrimination or harassment, complaining about unpaid wages, requesting a reasonable accommodation, taking protected leave, or raising safety concerns. Retaliation can include termination, demotion, reduced hours, undesirable shifts, harassment, or other actions that would discourage a reasonable person from speaking up.
Can my employer fire me for reporting discrimination or harassment in Oregon?
Oregon law generally prohibits employers from retaliating against employees who report or oppose unlawful discrimination or harassment in good faith. An employer does not have to admit wrongdoing for retaliation to be illegal. If your employer fired you, cut your hours, or otherwise punished you after you reported discrimination or harassment, you may have a retaliation claim even if the underlying complaint is still being investigated.
How long do I have to file a retaliation complaint with BOLI in Oregon?
In many cases, Oregon employees have one year from the retaliatory act to file a complaint with the Oregon Bureau of Labor and Industries. Deadlines can be different depending on the type of claim and whether federal agencies are involved, so it is important to speak with an employment attorney as soon as possible to avoid missing your time limits.
What should I do if I think my employer is retaliating against me?
If you suspect retaliation, document what is happening as carefully as you can. Save emails, text messages, write down dates and details of conversations or disciplinary actions, and keep copies of performance reviews or policy documents. Do not delete or alter anything on your work devices. Consider contacting an Oregon employment retaliation attorney promptly to review your situation and help you decide on next steps.
What remedies are available in an Oregon retaliation case?
Available remedies in an Oregon retaliation case can include reinstatement to your job, back pay, front pay, compensation for emotional distress, and in some cases attorney fees and other damages. The specific remedies depend on the facts of your case and the laws involved. An Oregon retaliation lawyer can evaluate your potential remedies and explain what you may be able to recover.
Equal employment violations harm employees through discrimination, unequal pay, or retaliation. Learn your rights in Oregon and how an employment lawyer can help.
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