Protecting Employees from Unlawful Discrimination
At Crosner Legal, we represent Oregon employees who have been treated unfairly because of who they are. Oregon provides strong protections against workplace discrimination under Oregon Revised Statutes Chapter 659A, which prohibits discrimination in employment and applies to employers across the state.
Workplace discrimination is illegal in both public and private employment. Whether you work for a city, county, school district, state agency, or private company, you are protected under Oregon law. Employers cannot make decisions about hiring, firing, promotions, compensation, discipline, or working conditions based on protected characteristics.
Even in an “at-will” employment state like Oregon, employers cannot terminate or discipline employees for discriminatory reasons.
If you believe you were treated differently because of a protected characteristic, you may have a valid legal claim.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employer takes an adverse employment action against an employee or job applicant because of a legally protected characteristic.
Adverse actions may include:
- Termination or layoff
- Demotion or failure to promote
- Unequal pay or denial of raises
- Unfair discipline
- Reduction in hours or responsibilities
- Refusal to hire
- Denial of benefits, training, or opportunities
Discrimination can be obvious and intentional, or it can be subtle and systemic. In some cases, employers enforce neutral policies that disproportionately impact protected groups.
Protected Classes Under Oregon Law
Oregon law provides broad protections against discrimination. Under ORS Chapter 659A, employees are protected from discrimination based on:
- Race
- Color
- National origin
- Sex
- Pregnancy and related conditions
- Gender identity or gender expression
- Sexual orientation
- Age (18 and older in many contexts)
- Disability (physical or mental)
- Religion
- Marital status
- Military or veteran status
- Injured worker status
- Use of leave protected by law
Oregon law is often broader than federal law and may provide stronger protections in certain situations.
Failure to Accommodate
Discrimination also includes an employer’s failure to provide reasonable accommodations.
Employers in Oregon must provide reasonable accommodations for:
- Disabilities
- Pregnancy-related limitations
- Religious beliefs or practices
Employers are required to engage in a good-faith interactive process to determine appropriate accommodations. Failing to participate in this process or denying accommodations without justification may violate Oregon law.
Public Sector Employment Discrimination
Public employers in Oregon including state agencies, counties, cities, and school districts, must comply with ORS Chapter 659A as well as additional civil service and constitutional protections.
Public employees may also have rights under:
- Civil service rules
- Union agreements
- Due process protections
Discrimination claims involving public employers may require navigating administrative procedures, internal grievance processes, or hearings before pursuing litigation.
Hostile Work Environment
Workplace discrimination is not limited to hiring or termination decisions. A hostile work environment exists when discriminatory conduct is severe or pervasive enough to interfere with an employee’s ability to perform their job.
Examples include:
- Repeated racial slurs or offensive comments
- Sexual harassment or inappropriate conduct
- Derogatory remarks about religion or ethnicity
- Mocking or targeting a disability
- Offensive emails, messages, or workplace materials
Employers may be held liable if they knew or should have known about the harassment and failed to take appropriate corrective action.
Retaliation for Reporting Discrimination
It is illegal for employers to retaliate against employees who report discrimination or participate in investigations.
Under Oregon law, retaliation is prohibited when employees:
- Report discrimination internally
- File a complaint with HR
- File a charge with the Oregon Bureau of Labor & Industries (BOLI)
- File a complaint with the Equal Employment Opportunity Commission (EEOC)
- Participate in an investigation or support a coworker’s claim
Retaliation can include termination, demotion, reduced hours, negative reviews, or other adverse actions.
How Crosner Legal Can Help?
If you believe you have been discriminated against, an Oregon workplace discrimination lawyer at Crosner Legal can help protect your rights.
We assist employees by:
- Evaluating whether your employer violated Oregon discrimination laws
- Filing complaints with BOLI or the EEOC
- Gathering evidence to support your claim
- Negotiating settlements for lost wages and damages
- Representing you in litigation when necessary
Employers often have legal teams defending their decisions. Our job is to advocate for you and pursue full compensation for your losses.
Hear From Our Clients
It gave me real peace of mind and the prayer at the end moved me. Branden Hamilton’s early case review made it happen. Highly recommend.”
Not sure if you have a case?
We offer free, confidential consultations. We will review the facts of your termination or wage dispute and give you an honest assessment of your legal options.
Frequently Asked Questions (FAQ)
What are protected classes in Oregon?
Oregon law protects employees based on characteristics such as race, color, national origin, sex, pregnancy, gender identity, sexual orientation, disability, religion, age, marital status, and more under ORS Chapter 659A.
How long do I have to file a discrimination claim in Oregon?
Deadlines vary depending on the type of claim. Administrative complaints with BOLI or the EEOC often must be filed within 180 or 300 days, while lawsuits may have longer time limits. It is important to act quickly.
Can I sue even if I’m an at-will employee?
Yes. At-will employment does not allow employers to terminate or discipline employees for discriminatory reasons. If your termination was based on a protected characteristic, you may have a valid claim.
Do small employers have to follow discrimination laws?
Yes. Many Oregon discrimination laws apply to employers with one or more employees, and federal laws may apply depending on the size of the employer. Protections often extend broadly regardless of employer size.
What if I don’t have direct proof of discrimination?
Direct evidence is rare. Discrimination claims are often proven through patterns, timing, comparisons to other employees, and inconsistencies in the employer’s explanation. An experienced lawyer can help evaluate your evidence.
Can I recover damages for emotional distress?
Yes. Oregon law allows employees to recover damages for emotional distress, along with lost wages and other compensation, in many discrimination cases.