The Oregon Court of Appeals issued an opinion in favor of a Bennett Hartman client that will enhance protections for workers in Oregon.
Elisabeth Hernandez suffered a serious workplace injury in 2016. Her employer relied on a Colorado company, Reed Group, to manage the medical leave of its employees. Reed Group claimed to have expertise in Oregon law but erroneously determined that Ms. Hernandez was not eligible for medical leave. Two days after her surgery for the workplace injury, Reed Group told Ms. Hernandez that she would not be given medical leave and that her job had been terminated.
Attorney Richard Myers filed a lawsuit on behalf of Ms. Hernandez alleging that Reed Group aided and abetted an unlawful employment practice by incorrectly informing her employer that she was not eligible for medical leave. In response to the lawsuit, Reed Group claimed that it could not be sued because it was not her employer, even if it was responsible for administering her medical leave rights. The circuit court judge agreed with Reed Group.
After a three-year appeal, the Oregon Court of Appeals sided with Ms. Hernandez and rejected Reed Group’s defense. It clarified that “any person”—including a non-employer corporation—may be held accountable under Oregon law if it causes an unlawful employment practice. The opinion is likely to have far-reaching implications in Oregon as more employers contract out traditional human resources functions. You can read the full opinion here.
