Recent BOLI Final Orders
This page contains BOLI Final Orders that will be published in BOLI Orders vol. 32. Orders on this page do not appear in the Index to Final Orders or the Digest to BOLI Final Orders.
Respondent Penner, and Respondent Blachana, through Respondent Penner, denied access to the P Club to the Rose City T-Girls based on the sexual orientation of the Rose City T-Girls' members, in violation of ORS 659A.403, by leaving voice mails with T-Girls' spokesperson in which Penner asked the T-Girls not to come back to the P Club on Friday nights, their regular gathering night at the P Club. By this action, Respondent Penner also aided and abetted Blachana in its denial, thereby violating ORS 659A.406. Through the voice mails, Penner and Blachana issued a discriminatory "notice" or "communication" in violation of ORS 659A.409. The forum awarded a total of $400,000 in mental, emotional, and physical suffering damages to 11 members of the T-Girls who testified at hearing, and assessed civil penalties of $5,000.
Respondent employed four Claimants in 2011 and 2012 in Oregon at the agreed rate of $9 or $10 per hour. During the weeks at issue, Respondent failed to pay the Claimants all the wages owed to them. All four Claimants terminated their employment because they were not being paid. Notice was sent to the employer, who did not dispute the wages owed, but nevertheless failed to pay any wages due except for $600 to one Claimant, leaving $5,160 in unpaid wages. The failure to pay was willful, and Respondent was ordered to pay $5,160 in unpaid wages and $9,120 in penalty wages. Respondent was also assessed $9,120 in civil penalties based on Respondent's failure to pay overtime wages.
The Agency's Notice of Intent sought to assess $132,000 in civil penalties against Respondents and to place Respondents on the Commissioner's List of Ineligibles based on numerous alleged violations of Oregon's prevailing wage rate and wage and hour laws. The forum concluded that Respondent Green Thumb failed to pay the correct prevailing wage rate to four workers, filed one inaccurate and incomplete payroll report, and failed to provide two meal periods to an employee, and assessed civil penalties in the amount of $8,000. The forum also found that Green Thumb's underpayment of wages was unintentional and did not place Respondents on Commissioner's List of Ineligibles.
In the Matter of Dan Thomas Construction, Inc. (June 13, 2013), Case No. 13-13.
Respondent employed Claimant in 2010 in Oregon and Washington at the agreed rate of $14 per hour. Claimant earned a total of $14,357 in wages while working in Oregon and was paid $10,985.50 for that work, leaving $3,372.50 in unpaid, due, and owing straight time and overtime wages. Respondent's failure to pay the wages was willful, and Respondent was ordered to pay Claimant $3,360 in penalty wages. Respondent was also ordered to pay $3,360 in civil penalties based on Respondent's failure to pay overtime wages to Claimant.
In the Matter of Crystal Springs Landscapes, Inc., and Paul Liniger individually As an Aider and Abettor (December 14, 2012), Case No. 34-12.
In a default case, the Agency proved that Respondent Crystal Springs Landscapes, Inc. ("Crystal"), acting through Paul Liniger, its president, and Mark Skaggs, its general manager, subjected Complainant, a female, to unlawful sexual harassment. The Agency also proved that Crystal, acting through its president, Paul Liniger, fired Complaint in retaliation for her complaint about the unlawful sexual harassment. The forum held that Lininger was Crystal's proxy because of Liniger's officer status in Crystal, making Crystal strictly liable for Complainant's harassment and discharge. The forum held that Crystal was liable for Skagg's harassment because he was Complainant's immediate supervisor and Crystal knew or should have known of the harassment. The forum held that Liniger actively participated in the unlawful harassment and participated in the decision to fire Complainant, making him jointly and severally liable as an aider and abettor for the harassment and discharge. The forum awarded Complainant $13,880 in backpay, $3,200 in out-of-pocket expenses, and $150,000 in emotional, mental, and physical suffering damages.
In the Matter of Andrew W. Engel, DMD, PC dba Awe Dental Spa and Dr. Andrew W. Engel individually as an aider and abettor (September 13, 2012), Case No. 38-11.
Respondent Awe Dental Spa employed Complainant as a dental assistant and subjected her to harassment based on her religion, failed to reasonably accommodate her religious beliefs, and constructively discharged her based on her religion. Respondent Dr. Andrew W. Engel aided and abetted Respondent Awe Dental Spa in the commission of the unlawful employment practices. The forum awarded Complainant $12,000 in back pay, $10,654 in out-of-pocket expenses attributable to the unlawful employment practices, and $325,000 in damages for mental, emotional, and physical suffering, and found Respondents jointly and severally liable for these damages. The forum also required Respondent Dr. Engel and his staff to attend training on recognizing and preventing religious discrimination.
In the Matter of Kenneth D. Wallstrom (August 30, 2012), Case No. 58-11.
The Agency's Formal Charges alleged that Respondent (1) unlawfully denied Complainant, a renter in his duplex, the reasonable accommodation of a service dog; (2) coerced, intimidated, or threatened Complainant when denying her the reasonable accommodation; (3) expelled Complainant because of her disability; and (4) represented to Complainant that the duplex was not available for rental when it was available. The Charges also alleged that Complainant's minor daughter, who occupied the duplex with Complainant, was injured by the alleged unlawful practices. The forum held that Respondent unlawfully denied Complainant reasonable accommodation, but did not commit the other alleged unlawful practices. The forum also found that the Commissioner had no jurisdiction over the Charges involving Complainant’s daughter because the daughter did not sign a complaint. The forum awarded $10,000 in damages for mental suffering to Complainant and assessed a civil penalty of $5,500.
In the Matter of E. H. Glaab, General Contractor, Inc. (May 17, 2012), Case No. 82-10.
Respondent employed Claimant from June 15 through August 12, 2009, at the agreed wage rate of $17 per hour. Claimant worked 328 hours and earned $5,576, but was only paid $4,550, leaving $1,026 in unpaid due and owing wages. Respondent's failure to pay Claimant was willful and Respondent was ordered to pay $4,080 in penalty wages.
In the Matter of Susan C. Steves (April 30, 2012), Case No. 75-11.
Respondent employed Claimant as her assistant from March 5, 2009, through May 26, 2010, during which time Claimant worked 1,143 hours. In the absence of an agreed wage rate, Claimant was entitled to be paid Oregon's statutory minimum wage of $8.40 per hour for all hours worked. Claimant earned $9,601.20 and was only paid $2,000, leaving $7,601.20 in unpaid due and owing wages. Respondent's failure to pay Claimant was willful and Respondent was ordered to pay $2,016.00 in penalty wages. Respondent was ordered to pay an additional $2,016.00 as a civil penalty based on her failure to pay the minimum wage for all hours worked.
In the Matter of Cyber Center, Inc. (April 24, 2012), Case No. 29-11.
The Agency established by a preponderance of the evidence that Respondent Cyber Center, Inc. (“CCI”), acting through its general manager, demoted Complainant, a pregnant woman, from her position as assistant night manager and cut her pay based on her sex/pregnancy, in violation of ORS 659A.030(1)(b). The Agency also proved that CCI fired Complainant based on her sex/pregnancy in violation of ORS 659A.030(1)(a) and that Respondent Gary Speaks, CCI’s CEO and corporate vice president, aided and abetted CCI in Complainant's discharge, thereby violating ORS 659A.030(1)(g). The forum awarded Complainant $44.40 in back pay and $20,000.00 in emotional and mental suffering damages based on her demotion and pay cut, with CCI solely liable for those damages. The forum also awarded Complainant $12,172.00 in back pay and $120,000.00 in emotional and mental suffering damages based on her discharge, with CCI and Speaks jointly and severally liable for those damages.
In the Matter of Schultz Mfg., Inc. (April 4, 2012), Case No. 10-12.
Respondent violated Oregon child labor laws by employing a minor in 2008 and 2009 without first obtaining a validated employment certificate, pursuant to ORS 653.307. The minor was seriously injured while engaged in hazardous work prohibited by Oregon's child labor laws and Respondent was assessed a civil penalty in the amount of $1,000.