Prohibited conduct by public or nonprofit employer
- prohibited conduct by school services employer during public health emergency
- remedies
Source:
Section 659A.203 — Prohibited conduct by public or nonprofit employer; prohibited conduct by school services employer during public health emergency; remedies, https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html.
Notes of Decisions
“Disclosure” of information includes report of wrongdoing that is circulated solely within agency or department. Bjurstrom v. Oregon Lottery, 202 Or App 162, 120 P3d 1235 (2005)
“Mismanagement” means serious agency misconduct having the effect of actually or potentially undermining ability of agency to fulfill its public mission. Bjurstrom v. Oregon Lottery, 202 Or App 162, 120 P3d 1235 (2005)
Where plaintiff, labor relations director and affirmative action officer employed by defendant community college, reported violations of federal and state laws and internal policies and procedures as well as misuse of funds, this section applies to plaintiff because section is not limited to providing less protection to employee whose job may involve regularly reporting on matters within scope of this section than to other employees. Harper v. Mt. Hood Community College, 283 Or App 207, 388 P3d 1170 (2016)
Employee’s reports to another employee of unlawfulness of that other employee’s conduct without threatening to reveal that conduct to anyone else does not constitute “disclosure” under this section and therefore is not protected activity. Lindsey v. Clatskanie People’s Utility District, 140 F. Supp. 3d 1077 (D. Or. 2015)
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