By Trüpp
Oregon employers should take note of significant updates to the state’s anti-harassment laws, which take effect on February 1, 2025. These updates clarify employer obligations in preventing and responding to workplace harassment. The law applies to all employers with one or more employees in Oregon and is enforced by the Oregon Bureau of Labor and Industries (BOLI).
Corrective action requirements
To ensure compliance and create a safe and respectful workplace, Oregon employers must adhere to the following corrective action measures when responding to harassment claims:
- Immediate intervention: Employers must take swift action upon receiving a harassment complaint.
- Prompt and substantial investigation: Employers must conduct a thorough workplace investigation to assess the validity and extent of the claim.
- Remedial measures: Actions taken must align with the severity of the harassment claim.
- No burden on the reporting employee: Employers must make every reasonable effort to ensure that the reporting employee or victim does not face undue burden.
- Protection against retaliation: Employers are prohibited from retaliating against employees who report harassment, participate in an investigation, or are victims of harassment.
- Prevention of retaliation and future occurrences: Employers must implement measures to prevent retaliation and further incidents of harassment.
- Individual liability: Co-workers, supervisors, and managers may be held personally liable if they aid, abet, incite, compel, or coerce harassment.
Written policy requirements
All Oregon employers must maintain a written anti-harassment policy that includes:
- Clear procedures and practices aimed at reducing and preventing discrimination against protected classes.
- Availability of the policy to all employees.
- Distribution of the policy to new hires at the time of employment.
- Provision of a copy to any employee who files a harassment complaint.
Anti-harassment training
Although Oregon does not currently mandate anti-harassment training, best practices recommend:
- Providing all employees with effective training on harassment prevention.
- Setting a schedule for regular renewal of training.
- Ensuring all new hires complete harassment prevention training upon joining the organization.
Learn more about the importance of anti-harassment training >>
Importance of workplace investigations
A well-conducted workplace investigation is crucial for maintaining a fair and lawful work environment. Investigations help determine the credibility of complaints, identify systemic issues, and protect employers from potential legal consequences. A transparent and structured investigative process fosters a culture of accountability and trust.
Learn more about how to conduct a workplace investigation >>
Unbiased third-party workplace investigations
Utilizing an independent third party to conduct workplace investigations offers numerous benefits. Third-party investigators ensure neutrality, reducing the risk of bias and conflicts of interest. Their expertise in handling sensitive cases professionally and objectively can lead to more credible findings and stronger legal compliance. Additionally, third-party investigators can provide a quicker response to complaints, ensuring that issues are addressed in a timely manner. Prompt responses help prevent escalation, mitigate potential harm, and demonstrate an employer’s commitment to maintaining a safe workplace. A swift and impartial investigation process can also help maintain employee trust and confidence in the organization’s commitment to fairness and accountability.
Learn more about the advantages of engaging with a third-party for workplace investigations >>
Oregon’s updated anti-harassment laws underscore the state’s commitment to fostering a safe and inclusive work environment. Employers should proactively review their policies, train employees, and establish fair investigation practices to comply with legal requirements. By taking these steps, organizations can mitigate risks and create a workplace culture that discourages harassment and discrimination.
