A.L.P. Inc. v. Bureau of Labor & Indus.

Here, petitioner, a male employer, sought review of a final order of the Commissioner of the Bureau of Labor and Industries, which found petitioner had created an intimidating, hostile and offensive working environment based on respondent’s gender, in violation of Or. Rev. Stat. § 659.030(1), which provides, “(1) [i]t is an unlawful employment practice: (B) [f]or an employer, because of an individual's . . . sex . . . to discriminate against such individual in compensation or in terms, conditions or privileges of employment.” The statute does not require that the unlawful employment practice be “sexual” in nature to be actionable. It requires only that the practice have occurred “because of” the employee’s sex. Furthermore, no independent corroboration of a complaining witness is required to establish an unlawful employment practice claim. Petitioner, the owner of a store selling adult toys and gifts, only referred to his employee, respondent Theresa Getman, using derogatory terms. Petitioner also frequently passed derogatory comments on the appearance of female customers and directed a number of sexually inappropriate remarks towards Getman. Additionally, petitioner frequently threatened Getman that he was going to “bitch slap” her and on several occasions slapped Getman on the top of her head and across her face. Throughout the duration of the employment, Getman was physically ill. She had a stomach ache and found herself unable to sleep because of the stress. The appellate court affirmed the finding that respondent was the victim of gender discrimination in her employment, as there was substantial evidence to support the finding that all of petitioner’s offensive conduct had occurred because respondent was a woman.