Harassment on the basis of sex is a violation of Sec. In determining whether alleged conduct constitutes sexual harassment, the Commission will look at the records as a whole and the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts on a case by case basis. The Commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acts in either a supervisory or agency capacity. In reviewing these cases, the Commission will consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.
Prevention is the best tool for the elimination of sexual harassment.
An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned. Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit. The State of Oregon through its public policy is dedicated to a work environment free from discrimination based on race, religion, national origin, age, sex, marital status or a physical or mental handicap. Personnel policies, practices, and laws require working conditions to be conducive to the performance of duties in an atmosphere free from discrimination, intimidation or coercion in any form. Sexual harassment, a form of sex discrimination, is an unacceptable and unlawful practice for which legal remedies are available under Title VII of the Civil Rights Act of 1964 and ORS 659.030.