Can an employer be liable for discrimination even if it did not intend to discriminate?

Yes, an employer in Oregon can be liable for discrimination even if it did not intend to discriminate. This is because employment discrimination law prohibits an employer from taking any kind of adverse action against an employee or applicant on the basis of a protected class. Protected classes in Oregon include race, color, religion, sex, sexual orientation, national origin, marital status, age, and disability. When an employer takes an adverse action, such as firing an employee or refusing to hire an applicant, based on one of these protected classes rather than the individual’s performance or qualifications, it is considered discrimination. Even if the employer did not intend to discriminate, the employer can still be found liable for such action. Employers should make sure to review their policies and procedures to ensure that they do not engage in any form of discrimination or take any adverse action against an employee or applicant on the basis of a protected class. Employers should also train their staff to ensure that they understand what is and is not allowed when it comes to employment decisions. It is important for employers to be aware that even with unintentional discrimination, they may still be liable for employment discrimination.

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