Is workplace bullying illegal in Oregon?

November 3, 2022 | Salo Law LLC


Workplace bullying is an issue that no one should have to endure. It can manifest in various distressing forms, such as verbal abuse, offensive jokes, and more.

While bullying itself may not be illegal, it can cross the line into unlawful harassment or discrimination under certain circumstances. This blog post will explore the legal aspects of workplace bullying, your rights, and the actions you can take if you believe you are being subjected to illegal bullying.

Understanding the Legal Framework

While both federal and Oregon laws prohibit workplace harassment and discrimination, neither federal nor Oregon law outright prohibit workplace bullying.

However, workplace bullying may be considered unlawful harassment or discrimination if it meets specific criteria. The key element is that the bullying conduct must be based on a legally protected category of the victim. These protected categories include:

  1. Race

  2. Gender

  3. Gender identity or expression

  4. Physical or mental disability (including perceived disabilities)

  5. Age

  6. Military status

  7. Sexual orientation

  8. National origin

  9. Religion

Moreover, bullying can also constitute retaliation if it occurs because of a victim's "protected activity." Protected activities include actions such as filing a workers' compensation claim, reporting safety concerns, or disclosing workplace violations. When bullying targets an employee engaged in such activities, it may amount to a retaliation violation.

Determining the Legality of Bullying

In essence, bullying in the workplace becomes illegal when it is tied to a protected category or protected activity. If you are experiencing workplace bullying and fall into a different protected category than your non-bullied colleagues or have engaged in protected activity, it may suggest that the bullying is unlawful. Additionally, if the bullying involves abusive comments related to a protected category, it may also indicate potential illegality.

Recognizing Workplace Bullying

Workplace bullying can take various forms, including:

  • Verbal abuse: Hurtful or offensive language

  • Demeaning comments: Belittling or derogatory remarks

  • Intimidation: Threatening behavior or actions

  • Offensive jokes and remarks: Inappropriate or discriminatory humor

  • Providing unclear or contradictory instructions: Creating confusion or setting employees up to fail

  • Sabotaging projects: Deliberately hindering colleagues' work

  • Withholding or supplying incorrect information: Disrupting workflow or causing errors

  • Spreading malicious rumors: Damaging an employee's reputation

  • Profane outbursts: Using offensive language or insults

What Can You Do If You're Being Illegally Bullied?

If you find yourself subjected to illegal bullying at work, you have options to protect your rights and well-being:

  1. Report the Behavior: Consider reporting the bullying in writing to your employer or management. It's possible that they are unaware of the abuse, and this step allows them to address the issue. Refer to your employment handbook for reporting instructions or contact your HR department.

  2. Consult an Employment Attorney: Dealing with bullying can be challenging, and knowing how to respond effectively is crucial. Reach out to an experienced employment law attorney for guidance. They can help you evaluate your situation and decide on the best course of action.

  3. Avoid Retaliatory Behavior: While it's natural to want to defend yourself when facing bullying, retaliating can put your job at risk and harm your credibility. Try to refrain from responding in kind to maintain your professionalism.

  4. Document the Bullying: Gathering evidence of the bullying is vital for substantiating your claims. Keep records of abusive incidents, save harassing messages, and make notes about any abusive events as they occur.

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If you are experiencing workplace bullying and believe it may be illegal due to your protected category or protected activities, you don't have to endure it alone. Salo Law LLC is here to provide experienced legal guidance and support. Contact Alina today at alina@salolawoffice.com to discuss your bullying situation and explore your legal options. Don't let workplace bullying infringe upon your rights and well-being.