Oregon Clarifies the Scope of An Employer’s Corrective Action When Faced with Allegations of Workplace Harassment

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Patricia Tsipras

February 11, 2025

Last month, Oregon’s Office of the Secretary of State issued a Permanent Administrative Order to amend the State’s laws related to workplace harassment.  The Order, which became effective on February 1, 2025, amends Oregon’s discrimination laws to define the scope of “appropriate correction action” and “promptly correcting harassing behavior.”

Oregon’s anti-discrimination and anti-harassment laws provide for employer liability when the employer knew or should have known about harassment against an employee(s), unless the employer took immediate and appropriate corrective action.

“Appropriate corrective action” and “promptly correcting any harassing behavior” is now defined to mean that an employer:

• intervenes immediately with actions reasonably designed to effectively halt harassing behavior;
• conducts a prompt and adequate investigation and ascertains the extent of harassing behavior;
• takes appropriate remedial measures proportionate to the seriousness of the harassing behavior;
• places no burden, or makes every reasonable effort to minimize any burden placed, on the reporting employee or aggrieved party;
• does not retaliate against the reporting employee, the aggrieved party, or a participant in the investigation; and
• takes steps that are reasonably calculated to prevent retaliation and future harassment.

See Permanent Administrative Order BLI 1-2025.

Oregon employers:  Conducting a thoughtful and thorough investigation of allegations of discriminatory or harassing behavior and taking appropriate corrective action not only are the right things to do, but they also are defenses to discrimination and harassment claims under Oregon (and federal) law.  Typically, the reasonableness of your actions depends on the facts and circumstances, and the success or failure of your actions in stopping future harassment is relevant, but not dispositive, as to your liability.

The author of this article, Patricia Tsipras,  is a member of the Bar of Pennsylvania This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Oregon, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.