City of Portland v. Bureau of Labor & Industries

668 P.2d 433, 64 Or. App. 341

Opinions

VANHOOMISSEN, J.

In our earlier opinion, we reversed a finding by the Commissioner that petitioner had committed an unlawful employment practice under ORS 659.030(1) (1975) by discriminating against claimant because of her sex. We upheld the Commissioner’s finding that petitioner had unlawfully retaliated against claimant because of her complaints of discrimination. ORS 659.030(4) (1975). We therefore reversed the Commissioner’s award of back pay; however, we remanded a damage award of $15,000 for emotional distress, which at one point in the Commissioner’s findings was tied only to petitioner’s “unlawful employment practices,” because we were unable to determine if that award was compensation for claimant’s discrimination claim, which we reversed, or for her retaliation claim, which we upheld.

In their petitions for reconsideration, claimant and the Commissioner cite other portions of the Commissioner’s findings which clearly state that claimant’s mental suffering resulted only from petitioner’s unlawful retaliation and not from any pay disparity, and that the $15,000 award was intended to compensate claimant for damages she suffered because of the retaliation alone.

Reconsideration granted; modified to affirm the $15,000 damage award for retaliation; affirmed as modified.