Hardie v. Legacy Health System

6 P.3d 531, 167 Or. App. 425, 11 Am. Disabilities Cas. (BNA) 649, 2000 Ore. App. LEXIS 818
CourtCourt of Appeals of Oregon
DecidedMay 24, 2000
Docket9610-07813; CA A99826
StatusPublished
Cited by41 cases

This text of 6 P.3d 531 (Hardie v. Legacy Health System) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hardie v. Legacy Health System, 6 P.3d 531, 167 Or. App. 425, 11 Am. Disabilities Cas. (BNA) 649, 2000 Ore. App. LEXIS 818 (Or. Ct. App. 2000).

Opinions

[427]*427WOLLHEIM, J.

Plaintiff commenced this action for damages against defendant, her former employer, alleging claims for retaliatory discrimination, ORS 659.410 (1995),1 discrimination based on disability and perceived disability, ORS 659.425, and defamation, all arising out of defendant’s treatment of plaintiff and ultimate termination of plaintiffs employment. The trial court granted defendant’s motion for summary judgment, ORCP 47 C, and entered a judgment of dismissal on each claim. Plaintiff appeals and argues that there are genuine issues of material fact. We reverse and remand the judgment for defendant on the claim for retaliatory discrimination only. We otherwise affirm.

Viewing the evidence in the light most favorable to plaintiff, we review to ascertain whether defendant has shown that there are no genuine issues of material fact and that defendant is entitled to judgment as a matter of law. ORCP 47 C;2 Jones v. General Motors Corp., 325 Or 404, 408, [428]*428939 P2d 608 (1997); Quillen v. Roseburg Forest Products, Inc., 159 Or App 6, 9, 976 P2d 91 (1999). Here, defendant bears the burden of showing the absence of any triable issues. Jones, 325 Or at 420. Indeed, where a plaintiff has established a prima facie case for recovery and a defendant has “identified a factual question on which [the] plaintiff would have the burden at trial, [the] defendant ] cannot prevail on summary judgment.” Id. Defendant must show that “no objectively reasonable juror could return a verdict” for plaintiff. Id. at 412.

Because plaintiffs case rests primarily on inferences, rather than on direct evidence, we discuss the evidence in some detail. The evidence most favorable to plaintiff establishes that she was an employee of defendant, Legacy Health System, and its predecessor from 1988 until late April 1996, when defendant discharged plaintiff. Until December 1995, plaintiff received generally positive work performance reviews in her positions in the accounts payable and purchasing departments. However, plaintiff admitted that some of those reviews noted inconsistency in her work performance and morale. In October 1995, Lisa Davis became plaintiffs supervisor in the purchasing department. At that time, plaintiff held the position of “Capital Buyer” with the corporate office.

In mid-December 1995, plaintiff and Davis had a work-related disagreement, in which Davis noted plaintiffs “insubordination” toward Davis. Several days later, Davis [429]*429conducted her first performance review of plaintiff and made a preliminary determination that plaintiffs performance was “unacceptable.” Davis noted plaintiffs frequent absences due to illness, her frequent tardiness and smoke breaks, and her chronic backlog of work. Davis concluded that she was unable, at that time, to complete the review and informed plaintiff that she would complete it at a later time after further observation. From the beginning of January until plaintiff called in sick on the 23rd, plaintiff was late to work every day that she reported for work.3

On January 24,1996, plaintiff left a voice mail message for Davis indicating that plaintiff would be absent for an “indeterminate period of time” due to stress. Davis learned from Dennis Phister, her supervisor in the human resources department, that plaintiff planned to file a workers’ compensation claim for emotional problems and stress and that plaintiff had arranged for her personal belongings to be picked up by a friend. Davis stated that January 24 was the first day that she learned of plaintiffs emotional distress. Davis and Phister met that day regarding plaintiff. In Davis’s notes from that meeting, she wrote “Termination Plan” at the top of the page. Further down the page, she specifically mentioned plaintiffs “Workers' Compensation I Stress” claim and resolved to “post job immediately” as well as to “be ready for her if/when she does return.” Other notes drafted by Davis concerning plaintiff also chronicled plaintiffs work deficiencies and noted her frequent absences due to illnesses. On January 29, 1996, Davis wrote a note to the file concerning plaintiff. In that note, Davis recorded her observations that plaintiff was often sick. She also noted that:

“When [plaintiff] called in sick with another migraine on 1/23/96, it was not a surprise. * * *
“[Plaintiff] appears to have things in her personal life which are causing her to be unable to perform her work, and she needs to get treatment and find resolution. I support whatever services Legacy makes available to its employees at times such as this in an individual’s life.
«* * * * *
[430]*430“Should [plaintiff] recuperate from her stress and wish to return at Legacy, it is my understanding that the organization is obliged to find a position for her which is amenable to her prognosis for coping and performance at that time. There is not any anticipated diminishment of stress in the Purchasing Department over the coming year, inasmuch as we have taken on substantial additional commitment of work in support of the organization.”

On January 31, 1996, plaintiff filed her workers’ compensation claim for panic attacks and stress, originating from her negative performance review with Davis. Davis stated that that was the first time that she learned that plaintiff suffered from panic attacks. Plaintiff also stated that she suffered from agoraphobia.4 Dr. Goranson, a psychiatrist, evaluated plaintiff in March 1996. Goranson diagnosed plaintiff with “adjustment disorder with mixed emotional features now mostly resolved,” and concluded:

“I don’t think that there will be any permanent impairment related to her current psychiatric condition (which I think is work related only in the sense of it being related to reasonable disciplinary action). With respect to the question whether she is able to return to work, I would think she could return to work, from a psychiatric standpoint. Given her feelings about that particular workplace, it is doubtful that such a situation would work out to anyone’s satisfaction.”

Plaintiff remained on leave with time loss pay until March, when Legacy offered plaintiff a “light duty” position at another facility. Plaintiff was offered the same rate of pay for operating a photocopier machine 40 hours a week. After a day and a half of work, plaintiff left that position because she experienced panic attacks. Plaintiff requested that she be transferred back to her original facility in the purchasing department. No action was taken on that request.

In early April 1996, Davis received an inquiry from a Legacy accountant regarding a questionable purchase originating from Davis’s department. Davis retrieved the purchase order and discovered that plaintiff had authorized an employee purchase of a microwave for herself in October [431]*4311995 and that plaintiff had yet to pay for the microwave.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Max Zweizig v. Timothy Rote
Ninth Circuit, 2020
Ossanna v. Nike, Inc.
415 P.3d 55 (Court of Appeals of Oregon, 2018)
Rene Bolduc v. icwusa.com, Inc.
679 F. App'x 630 (Ninth Circuit, 2017)
LaCasse v. Owen
373 P.3d 1178 (Jackson County Circuit Court, Oregon, 2016)
Manna v. City of Cornelius
366 P.3d 773 (Court of Appeals of Oregon, 2016)
Tornabene v. Northwest Permanente, P.C.
156 F. Supp. 3d 1234 (D. Oregon, 2015)
Lindsey v. Clatskanie People's Utility District
140 F. Supp. 3d 1077 (D. Oregon, 2015)
State v. Montoya
New Mexico Supreme Court, 2015
Arnold v. Pfizer, Inc.
970 F. Supp. 2d 1106 (D. Oregon, 2013)
Shepard v. City of Portland
829 F. Supp. 2d 940 (D. Oregon, 2011)
McCann v. City of Eugene
833 F. Supp. 2d 1250 (D. Oregon, 2011)
Duke v. F.M.K. Construction Services, Inc.
739 F. Supp. 2d 1296 (D. Oregon, 2010)
Herbert v. Altimeter, Inc.
218 P.3d 542 (Court of Appeals of Oregon, 2009)
Whitley v. City of Portland
654 F. Supp. 2d 1194 (D. Oregon, 2009)
Kotelnikov v. Portland Habilitation Center
545 F. Supp. 2d 1137 (D. Oregon, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
6 P.3d 531, 167 Or. App. 425, 11 Am. Disabilities Cas. (BNA) 649, 2000 Ore. App. LEXIS 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardie-v-legacy-health-system-orctapp-2000.