Hernandez v. Catholic Health Initiatives

Anyone qualifying as a "person" under ORS 659A.001(9) may be an aider or abettor of an unlawful employment practice in a way that subjects them to liability under ORS 659A.030(1)(g).

Plaintiff was “administratively separated” from her employment after sustaining an injury while performing her job as a nurse. Plaintiff appealed a limited judgement of dismissal entered after the lower court granted Defendants’ motion to dismiss. On appeal, Plaintiff argued that Defendants unlawfully aided and abetted unlawful employment practices by violating ORS 659A.030(1)(g) and mismanaging her medical leave benefits. Defendants moved to dismiss the claim and argued that the statute applies to conduct by employers and employees and excludes third parties to the employment relationship. The Court, after examining the legislative history of the statute, determined that the legislature meant to apply the statute broadly to anyone falling within the definition of "person" articulated in ORS 659A.001(9). To aid-or-abet liability under ORS 659A.030(1)(g) is not limited to employers and employees. Anyone qualifying as a "person" under ORS 659A.001(9) may be an aider or abettor of an unlawful employment practice in a way that subjects them to liability under ORS 659A.030 (1)(g). Reversed and remanded.