In Oregon, employment-based discrimination is generally not actionable unless it falls into one of the following categories:
Additionally, it is also unlawful to discriminate against an employee based on his or her sexual orientation. For an employee to prevail on an employment discrimination claim, the employer must usually take some tangible action against the employee, such as a termination or demotion.
Federal and state employment laws are designed to protect worker's rights. If you feel an employer has violated these laws, please call the law office of Gilroy & Napoli as soon as possible. There are deadlines to file claims and lawsuits in many of these types of cases.
Oregon Law and Title VII of the Civil Rights Act of 1964 not only protects individuals against employment discrimination on the basis of race, color, national origin, sex, or religion, but also protects employees against retaliation.
Employees have a right to be free from retaliation for their opposition to discrimination or their participation in an EEOC proceeding by filing a charge, testifying, assisting, or otherwise participating in any manner in an investigation, proceeding, or hearing under Title VII. An employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. In addition to the protections against retaliation that are included in all of the laws enforced by EEOC, the Americans with Disabilities Act (ADA) also protects individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights or their encouragement of someone else's exercise of rights granted by the ADA.
Under Oregon and Federal law, in addition to the above described protections, an employee is also protected against retaliation for engaging in what the law refers to as "whistleblowing." Generally speaking, an employer cannot take adverse employment action against an employee who reports employees or employers for engaging in unlawful conduct. Examples of such complaints include but are not limited to wage and hour violations, unsafe working conditions, or violations of financial reporting.
If you feel you have been a target of retaliation or need whistleblower protection, please call our office at 503-620-9887 for a free phone consultation. These are time sensitive cases so call now.