Allison v. Dolich

Under ORS 659A.030(1), unlawful employment practices occur when “any person, whether an employer or an employee, [] aid[s], abet[s], incite[s], compel[s], or coerce[s] the doing of any [forbidden acts].”

Plaintiffs appealed several judgments for Defendants after Plaintiffs brought multiple wage, tip, and other employment claims against both the individual Defendants and Defendants LLC. Plaintiffs assigned error to the grant of summary judgment for their claim that the individual Defendants aided and abetted unlawful employment practices. Plaintiffs argued that under ORS 659A.030(1)(g), individuals working on behalf of businesses can be personally liable for aiding and abetting unlawful employment practices. In response, Defendants argued that an employee working on behalf of an employer does not aid or abet the unlawful employment practices as an individual because their actions are under the direction of the business. Under ORS 659A.030(1), unlawful employment practices occur when “any person, whether an employer or an employee, [] aid[s], abet[s], incite[s], compel[s], or coerce[s] the doing of any [forbidden acts].” The Court reasoned that under the statute, “any person” can mean an employee working on behalf of a business and that the legislature intended to hold individuals who are directing business accountable. Accordingly, the Court held that in this case, the individual Defendants could be held liable for aiding and abetting. Judgment for fifth, twelfth, and thirteenth claims reversed and remanded.