Filing a Workplace Harassment Complaint in Oregon
Reviewed by DocDraft Legal Team - Oregon - Last updated September 15, 2026
Oregon gives you five years. ORS 659A.820(3) provides that a complaint alleging an unlawful employment practice as described in ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be filed no later than five years after the occurrence of the alleged unlawful employment practice. Harassment on a protected basis is an ORS 659A.030 claim, so that is the number that governs a workplace harassment complaint to the Bureau of Labor and Industries. The trigger is the occurrence of the practice itself. The one year figure that appears on a great many Oregon pages is real, but it is the residual rule. ORS 659A.820(2) opens with the words except as provided in subsection (3) of this section, and then sets one year for a complaint under the section. Subsection (3) carves discrimination claims out of that default. One year still governs the other practices chapter 659A covers, such as whistleblower and leave claims. Treating it as the harassment deadline would tell an Oregon reader they had lost four years they still have. The agency step is optional. ORS 659A.885(1) allows any person claiming to be aggrieved by an unlawful practice specified in subsection (2) of that section to file a civil action in circuit court, and ORS 659A.030 is on that list. No bureau filing, no notice, and no permission are required to start in court. The traffic runs one way, though: once a civil action on the same matters is commenced, ORS 659A.820(4)(a) bars filing a bureau complaint at all, and ORS 659A.830(1) ends the Commissioner's authority over a complaint already filed. Coverage reaches an employer with one employee under ORS 659A.001(4)(a), against the fifteen that federal Title VII requires. The federal route runs in parallel on its own far shorter clock of 180 days, extended to 300 days where a state or local agency enforces a law prohibiting the same discrimination. If what you are facing involves assault, threats or stalking, contact emergency services and speak with an attorney rather than starting with a complaint form.
Find out where you stand in Oregon
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How long do I have to file a workplace harassment complaint in Oregon?
Five years. ORS 659A.820(3) requires a complaint alleging an unlawful employment practice described in ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 to be filed no later than five years after the occurrence of the alleged unlawful employment practice. Harassment because of a protected characteristic falls under ORS 659A.030, so five years is the number for this claim. The same five years applies to a civil action under ORS 659A.875(1)(b). Your federal EEOC charge deadline is far shorter and runs on its own clock, so calendar that one first.
Why do so many sources say the Oregon deadline is one year?
Because ORS 659A.820(2) does set one year, and a reader who stops at subsection (2) never reaches the exception. That subsection begins except as provided in subsection (3) of this section, and subsection (3) carves out the discrimination claims and gives them five years. The one year period still applies to the residual set of chapter 659A practices, such as whistleblower and leave claims. Applied to a harassment complaint it is simply the wrong rule, and acting on it would give up four years you still have.
Do I have to file with BOLI before I can sue for harassment in Oregon?
No. ORS 659A.885(1) allows any person claiming to be aggrieved by an unlawful practice specified in subsection (2) of that section to file a civil action in circuit court, and ORS 659A.030 is on that list. You do not need a notice, a dismissal, or permission from the Bureau of Labor and Industries to go to court. Going to the bureau first does not foreclose court either, because a bureau notice under ORS 659A.880 feeds into a further period to sue rather than ending the claim.
Most published guidance still puts the state agency window at one year, which is the residual rule for other claims and not the rule that governs harassment.
Five years is the Oregon agency deadline for harassment, not one year. ORS 659A.820(3) requires a complaint alleging an unlawful employment practice described in ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 to be filed no later than five years after the occurrence of the alleged unlawful employment practice. Harassment because of a protected characteristic is an ORS 659A.030 claim. The clock runs from the occurrence of the practice, which is the statute's own phrase.
Relevant Laws
ORS 659A.820(3): Five Years to File With the BOLI Commissioner
A complaint alleging an unlawful employment practice described in ORS 243.323, 659A.030, 659A.082, 659A.112 or 659A.370 must be filed no later than five years after the occurrence of the practice. Harassment on a protected basis is an ORS 659A.030 claim.
ORS 659A.820(2): The One-Year Period Is the Residual Rule
One year applies to complaints under the section except as provided in subsection (3). It governs the other chapter 659A practices, such as whistleblower and leave claims, and does not govern a discrimination or harassment complaint.
ORS 659A.001(4)(a): One Employee, Measured by Right to Control
Employer means any person who in this state engages or uses the personal service of one or more employees, reserving the right to control the means by which the service is performed. ORS 659A.001(3) excludes employment by a parent, spouse or child and domestic service.
ORS 659A.885(1): Back Pay Reaches Back Only Two Years From Filing
Back pay is limited to the two-year period immediately preceding the filing of a bureau complaint, or the two years preceding the filing of the action where no complaint came first. Filing earlier fixes that window earlier.
ORS 659A.030(1): Bases Covered, Including Age From 18 and Association
Oregon covers race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age from 18, an expunged juvenile record, and the protected characteristics of a person with whom the individual associates.
Regional Variances
How Oregon differs
The one year number is not wrong, it is
The one year number is not wrong, it is just for other claims. ORS 659A.820(2) sets one year as the default period for a complaint under that section, and it says so subject to an express exception: except as provided in subsection (3) of this section. Subsection (3) pulls the discrimination claims out. If a page quotes one year without naming that exception, it is quoting the residual rule and applying it to the wrong claim.
The court deadline matches the agency deadline, which is
The court deadline matches the agency deadline, which is unusual and makes Oregon easier to plan than most states. Five years applies to a civil action under ORS 659A.875(1)(b) as well as to the bureau complaint under ORS 659A.820(3). You do not have to hold two different numbers in your head or worry that filing at the bureau burns the window to sue. Both were extended from one year by Senate Bill 726 in the 2019 session, often called the Oregon Workplace Fairness Act, which is a bill name rather than a name the statute itself uses.
Going to the bureau is optional, but filing a
Going to the bureau is optional, but filing a lawsuit first closes the bureau permanently. ORS 659A.885(1) allows a civil action in circuit court on an ORS 659A.030 claim with no agency step at all. ORS 659A.820(4)(a) then provides that a complaint may not be filed under that section if a civil action has been commenced in state or federal court alleging the same matters, and ORS 659A.830(1) ends all authority of the Commissioner to investigate or resolve a filed complaint once the complainant files such an action. The door swings one way, so decide the order deliberately.
Suggested Compliance Checklist
ORS 659A.880(3): After a Bureau Notice, 90 Days or One Year to Sue
See your deadline days after startingWhere a complaint was filed and the bureau issues a notice, ORS 659A.875(2) requires the civil action within the period that notice carries, set by ORS 659A.880(3) at 90 days or one year depending on whether the bureau found substantial evidence.
ORS 659A.375: Obtain Your Employer's Written Anti-Discrimination Policy
See your deadline days after startingEvery employer in the state must adopt the policy, make it available in the workplace, and provide it to each employee at the time of hire. ORS 659A.375(2)(c) requires the policy to state the limitations period for your right of action.
ORS 659A.030(1): Bases Covered, Including Age From 18 and Association
See your deadline days after startingOregon covers race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age from 18, an expunged juvenile record, and the protected characteristics of a person with whom the individual associates.
ORS 659A.370: A Coerced Nondisclosure Agreement Is an Unlawful Practice
See your deadline days after startingAn employer may not require a nondisclosure or non-disparagement agreement covering ORS 659A.030 discrimination, including conduct constituting sexual assault, as a condition of employment. ORS 659A.370(5) carries a civil penalty up to $5,000.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| ORS 659A.880(3): After a Bureau Notice, 90 Days or One Year to Sue | Where a complaint was filed and the bureau issues a notice, ORS 659A.875(2) requires the civil action within the period that notice carries, set by ORS 659A.880(3) at 90 days or one year depending on whether the bureau found substantial evidence. | - | See your deadline |
| ORS 659A.375: Obtain Your Employer's Written Anti-Discrimination Policy | Every employer in the state must adopt the policy, make it available in the workplace, and provide it to each employee at the time of hire. ORS 659A.375(2)(c) requires the policy to state the limitations period for your right of action. | - | See your deadline |
| ORS 659A.030(1): Bases Covered, Including Age From 18 and Association | Oregon covers race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age from 18, an expunged juvenile record, and the protected characteristics of a person with whom the individual associates. | - | See your deadline |
| ORS 659A.370: A Coerced Nondisclosure Agreement Is an Unlawful Practice | An employer may not require a nondisclosure or non-disparagement agreement covering ORS 659A.030 discrimination, including conduct constituting sexual assault, as a condition of employment. ORS 659A.370(5) carries a civil penalty up to $5,000. | - | See your deadline |
Frequently Asked Questions
Other Oregon guides
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Dealing With Debt Collectors in Oregon (2026)
Delinquent Property Taxes in Oregon: One Circuit Court Judgment, Then Two Years to Redeem
Expunging a Criminal Record in Oregon (2026)
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