“Aiding and Abetting” Discrimination under Oregon Law

Pursuant to ORS 659A.030(1)(g) it is an unlawful employment practice for an employee or an employer to “aid, abet, incite, compel, or coerce the doing of any act…” prohibited by Chapter 659A.  A recent BOLI Final Order explains that “Aiding and abetting, in the context of an unlawful employment practice, means ‘to help, assist, or facilitate the commission of an unlawful employment practice, promote the accomplishment thereof, help in advancing or bring it about, or encourage, counsel or incite as to its commission.’” In the Matter of Maltby Biocontrol, Inc., 2014 BOLI Orders 121.  Applying this definition in Maltby Biocontrol, BOLI found that the President of the employing company aided and abetted a violation of 659A.030 when he failed to take immediate and appropriate corrective action in response to a racially motivated assault by one employee of another.  Not surprisingly, BOLI also found that the employee who instigated and participated in the assault, aided and abetted a violation of the statute.

BOLI’s Final Order is here: http://www.oregon.gov/boli/Legal/BOLI%20Final%20Orders%20issued%20after%20January%201%2c%202014/Maltby_Biocontrol_31-13_and_%2034-13.pdf

 

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