An Overview of Workplace Bullying Laws in Oregon
Workplace bullying laws refer to legislation designed to prevent abusive conduct that creates a hostile work environment for employees. In broad terms, workplace bullying is a pattern of intentional behavior directed at an employee to harm or intimidate them.
While bullying and harassment share some similarities, workplace bullying is intentional behavior rather than unwanted behavior. Harassment is an unwanted or unwelcome action, whether intended to cause harm or not. Bullying can involve treating others unfavorably, even if unintentionally. Harassment based on a protected category like race or gender is illegal, whereas workplace bullying is not illegal.
Workplace bullying is a form of discrimination that is unintentional, but it can have the same negative impact on employees. Workplace bullying can be used to discriminate and create a hostile environment in accordance with state and federal laws. It not only harms employees but also affects employers and other workers. Bullying is illegal in states with anti-bullying legislation such as Maine and New York.
Oregon has no anti-bullying legislation , but there are some state laws against bullying in the workplace. Employees who have been bullied may be able to report it to the Employment Department or the Division of Labor Standards and Industries because of its effect on employment. Even so, filing a complaint does not guarantee any particular outcome such as back pay or revenge, and the result will be based on individual agency investigations.
Bullying and discrimination are often referred to in the same terms, and bullying can intersect with discrimination because it is often based on a protected category like age, gender or race. Discrimination is offensive and harmful mistreatment of an employer toward an employee that is based on a protected category, while bullying is harmful mistreatment that is either intentional or unintentional.
Obnoxious or rude opinions are not necessarily bully behavior. Bullying is behavior that is either intended to interfere with or harm others, or otherwise not intended, but mediated through "normal" social transactions.
Current Oregon Law Against Workplace Bullying
The state of Oregon does not have a specific law that addresses workplace bullying. However, individuals in the state may use certain laws that protect them from harassment in the workplace to claim damages under the legal theory of constructive discharge, in which they are forced from their jobs by an employer’s illegal actions. Some employees also bring claims of workplace bullying based on state statutes that prohibit other forms of harassment.
The Oregon Bureau of Labor and Industries enforces the state’s anti-discrimination and wage-and-hour laws on a state level. As a part of its anti-discrimination efforts, the Bureau enforces Oregon’s anti-discrimination laws under ORS Chapter 659A, which prohibits workplace harassment in the state. This statute prohibits discrimination in the context of employment and includes a prohibition of "any act or practice of harassment," as long as such harassment is based on any of the protected classes named in the statute, such as a disability, race, creed, color or religion.
The Oregon Health Authority (OHA) also prohibits workplace bullying. Part of the OHA administers the Oregon Safe Employment Act (OSEA), which originated in the 1970s and required employers to implement certain work practices with the intent of preventing workplace injuries and deaths. The Act prohibits workplace bullying as a danger to a safe workplace. The Act mandates certain posted notices in the workplace warning employees of the consequences of workplace bullying while also outlining the rights of individuals to file a complaint against a fellow employee who deliberately, purposely, repeatedly and over time engages in negative actions toward them. However, there are a few limitations on what may be included in a claim under the OSEA. Employees may not allege bullying that does not constitute an immediate danger to their health or safety, nor may they use the Act to claim single acts of bullying that are not continued or repeated.
Protections Against Bullying for Oregon Employees
As an employee in Oregon, you have rights and protections in the workplace that include protections against bullying and harassment. Under a patchwork of various statutes and administrative rules, employees and applicants in Oregon are provided with comprehensive protection from harassment of various forms, limited only by statutes of limitation. These protections apply to both state and private employers, although non-public employers may have some additional restrictions, as described below. Under Oregon law, harassment based upon the protected classes of race, color, religion, disability, sexual orientation, sex, marital status, national origin, and any perceived characteristic must be investigated and if actionable, resolved. For state employees, harassment based upon political affiliation is also prohibited. Employers also have a legal duty to protect all employees from harassment or bullying intended to express hostility on the grounds of the protected classes listed above, even when the harassment or bullying is perpetrated by non-employees. Under ORS 659.410, bullying or harassment based upon the protected classes listed above, regardless of the means by which it is expressed, is unlawful if it occurs in the workplace by use of offensive words, gestures, or acts. Acts of bullying that fall outside of harassment are not protected by this statute, although you should always consult an attorney. The Oregon Association of County Executives reported at a study conducted by Enhanced Insurance found that 67% of workers experienced bullying or harassment in the workplace. The same report found that 46% of employees who were bullied left their jobs, 40% sought stress relief through alcohol or drugs, and about 23% experienced symptoms of PTSD or other stress-related illness. At this higher risk of medical and emotional issues from bullying, it is doubtful that employers who ignore harassment policies are deriving any benefit. As mentioned above, if you are employed by the state you are entitled to protection from bullying and harassment based upon your political affiliation. This is because ORS 659.410 explicitly prohibits harassment or bullying by use of terms or actions suggesting hostility due to political affiliation. None of this is to suggest that private employers do not have any responsibility towards bullies or harassers. A number of studies indicate that employers who allow bullying or harassment to go uninvestigated can be liable for damages out the union representation fund that is charged to every agency of government. Most of these studies have concluded that workplace bullying reduces productivity, increases medical and compensation payments and premiums, and damages overall morale and expertise of the workplace. In short, bullying and harassment are bad for business.
Signs of Workplace Bullying in Oregon
By definition workplace bullying is the deliberate and repeated mistreatment, usually from one or a group of employees. Employers and employees are both responsible for recognizing the signs of bullying in their workplace. Examples of bullying behavior include the following: Abuse of power Being rude or jarring to others The spreading of malicious rumors Blaming others for their errors Constantly belittling others The constant criticizing of people Frustrating others needs Being non-verbal and facially aggressive toward others Being very demanding in nature Physically attacking others Sabotage The psychological and physical effects workplace bullying have on someone can be devastating. It can cause various types of mental breakdowns, PTSD, anxiety, panic attacks, depression, suicidal thoughts, depression, low self-esteem, and other issues. Physical problems from bullying can include loss of hair, hypertension, body aches, skin conditions, eye problems, headaches, psychological disorders, muscle spasms, stomach problems, heart disease, partial paralysis, nervous system disorders, brain damage, and death.
Legal Options for Addressing Workplace Bullying
In Oregon, the legal recourse for workplace bullying may not be explicit under state or federal laws. However, there are several avenues that a victim of workplace bullying can pursue to seek relief.
File a Complaint
One option is to file a complaint with the state’s Bureau of Labor and Industries (BOLI). Although BOLI does not investigate workplace bullying by itself, it will investigate claims of unlawful discrimination under Oregon law. If the alleged bully has discriminated against the victim based on a protected class such as age, sex, pregnancy, religion, race, ethnicity, disability, family status, sexual orientation or gender identity, the victim may have a basis to file a complaint with BOLI. BOLI allows employees to file complaints within five years of the last incident of discrimination that they are alleging. The employee must provide the agency with a written account of the alleged violation. If BOLI finds that the complaint has merit, they will refer the case to the Oregon Bureau of Labor and Industries Administrative Prosecution Unit, where an attorney will assess the case. BOLI may attempt to settle the complaint through mediation. If BOLI cannot resolve the issue through mediation, the case will be referred to an Administrative Law Judge who will hold a hearing. If the judge finds in favor of the employee, he or she may be entitled to reinstatement, back pay, compensatory damages, or attorneys’ fees.
Seek Legal Relief
If the harassment does not fall into the protected categories mentioned above, employees have the option of bringing a lawsuit against the employer for harassment or wrongful termination, if the harassment rises to the level of creating a hostile work environment or causing constructive discharge . A hostile work environment exists when harassment occurs frequently, is severe, and negatively affects the work environment. Constructive discharge means that the employee quit or resigned because his or her working conditions with the alleged bully were intolerable. If an employee is successful in finding the employer liable for harassment or for constructive discharge, then the employee can be entitled to compensatory damages, punitive damages, and attorneys’ fees.
Workers’ Compensation Claims
Another option for victims of bullying in the workplace is to file for workers’ compensation benefits. Workers’ compensation laws in Oregon allow employees to recover certain benefits and compensation when they are injured in the course of or arising out of their employment. However, workers’ compensation does not cover all workplace injuries; it only covers physical injuries or mental disorders caused by either sudden or unusual trauma in the workplace. Currently, Oregon is the only state that includes psychological injuries as part of its workers’ compensation system. For example, a worker trying to prove a work-related psychological injury would likely need to show: (1) that the injury was caused by workplace stress, which includes both the stress of trying to perform his or her job duties and the stress resulting from co-workers’ bullying behaviors; (2) that the injury acknowledged during the employment occurred because of increased stress at work; and (3) that the injury began immediately or within 30 days of the employment activity that was the source of the stress.
Steps Employers Can Take to Prevent Bullying
Employers can take practical steps to minimize exposure to workplace bullying claims, even if the state of Oregon does not currently have specific workplace bullying laws. An employer-wide policy that defines and explains inappropriate behavior with the goal of immediate corrective action is a helpful measure. Many businesses choose to define what constitutes "bullying" in their workplace policies.
Small and large organizations can also benefit from establishing an anti-bullying program. Promoting a positive organizational culture is important to demonstrating the importance of anti-bullying policies. An employer should aim to foster an environment that discourages inappropriate behavior and encourages employees to engage in respectful communication.
Training programs are another option for Oregon employers. Employers can educate supervisors and managers about dealing with bullying in the workplace. Supervisors and managers should be trained on identifying how bullying occurs and preventing its occurrence. Many companies choose to have a non-retaliation policy to encourage employees to report workplace bullying.
If you would like more information on workplace bullying in Oregon or the United States, or have questions about your rights and responsibilities in a singling out or bullying situation, contact an employment lawyer.
Future Developments in Oregon Workplace Bullying Laws
As Oregon’s workforce and societal attitudes continue to evolve, the potential for legislative changes addressing workplace bullying remains a possibility in the future. Advocates of workplace bullying laws have long argued for a comprehensive bill that provides a clear definition of workplace bullying, details the rights of workers, and outlines protections and remedies against bullying behavior. While some legislators have expressed reservations about the feasibility and necessity of such measures, the ongoing dialogue suggests the issue may gain increased attention in the coming years. In addition to proposed bills at the Oregon state level, national discussions on workplace bullying legislation may influence local developments. Several other states have considered similar bills in the past, but so far, only California has enacted broad protections against bullying through its Healthy Workplaces, Healthy Families Act of 2014. As more states grapple with the issue, the success or failure of those efforts will likely impact the momentum for legislation on the topic in Oregon. Moreover, advocacy groups and national organizations are expected to continue their push for workplace bullying legislation. Organizations like the National Workplace Bullying Coalition and the Healthy Workplace Campaign provide resources and support for victims and provide a platform for professionals and advocates to share their concerns. Their efforts will likely continue to influence the conversation on workplace bullying.
Conclusion and Resources for Assistance
In this article, we have explored the legal protections available to Oregon employees to help combat and end workplace bullying. Understanding the different state laws and agencies that deal with this issue is crucial for employees who are experiencing bullying and harassment at work.
If you are a victim of workplace bullying in Oregon, you have options. File a complaint with the Bureau of Labor and Industries. If your state’s Department of Labor does not have a handle on workplace bullying, it’s time to take the lead and advocate for changes. And if your workplace hasn’t taken steps to prevent and stop workplace bullying, speak to your HR department and give them the information they need to properly address the issue — or seek an employment lawyer who can help.
For information, resources, and support in combating workplace bullying in Oregon , visit these organizations.
Federal Laws
Equal Employment Opportunity Commission (EEOC): www.eeoc.gov
U.S. Department of Labor: www.dol.gov
Occupational Safety and Health Administration: www.osha.gov
Oregon State Laws and Agencies
Health Workforce Office: (503) 947-2349
Oregon Occupational Safety & Health Administration (OSHA): (971) 673-0555
Civil Rights Division, Oregon Department of Justice (DOJ): (503) 378-3899
BOLI – Oregon Bureau of Labor and Industries: (971) 673-0766
Oregon Department of Justice: (503) 378-4400
Support and Volunteer Organizations
Oregon Coalition Against Domestic and Sexual Violence (CADV): www.ocadsv.org
Oregon Coalition Against Sexual Assault (OCASA): www.ocasa.org
National Coalition Against Domestic Violence: www.ncadv.org
Futures Without Violence: www.futureswithoutviolence.org