Tag: Oregon court of appeals

Oregon Court of Appeals Upholds Claim of Negligent Failure to Investigate

In Steele v. Mayoral et al., the Oregon Court of Appeals ruled that a plaintiff could take to the jury her claim that her employer had failed to prevent sexual harassment by her supervisor by not investigating earlier incidents about the supervisor’s relationships with other employees. The plaintiff, a high school guidance counselor, was dating … Continue Reading

Oregon Court of Appeals Rejects Wrongful Discharge Claims for Health and Safety Retaliation

This morning the Oregon Court of Appeals rejected a plaintiff’s common-law wrongful discharge claim that she was terminated for reporting a health and safety violation.  The Court ruled that the state and federal statutory remedies were adequate, and that she should have filed a statutory claim instead.  Plaintiff Andrea Deatherage was an employee of Super 8 Inn when she … Continue Reading

Oregon Court of Appeals Upholds Employer’s Right to Ask Potentially Disabled Employees to Take Medical Exams

Today in Heipel v. Henderson et al.,  the Oregon Court of Appeals affirmed summary judgment on an Oregon disability discrimination claim in favor of an employer who asked an employee to take an independent medical exam (IME) as part of an investigation into the employee’s disturbing work-related behavior.  The court confirmed that such exams must be "job … Continue Reading

Oregon: Arbitration Agreements Need Not Contain Express Waiver of Jury Trial

Late last month, the Oregon Court of Appeals held that an arbitration agreement between an employer and an employee need not contain an express waiver of the employee’s right to a jury trial to be enforceable.  The opinion can be read here:  Hays Group, Inc. v. Biege.  In Hays Group, a trial court denied an employer’s motion to compel … Continue Reading
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