Mirkovic v. Tenasys Corp.

Summary

The Oregon Court of Appeals held that ORS 659A.355 protects an employee from adverse employment actions when the employee inquires about or requests an increase in their own wages. The court rejected arguments that the statute applies only to wage discussions among employees or to discussions concerning discriminatory pay inequity. It reversed the grant of summary judgment to Tenasys Corporation and remanded for further proceedings concerning the reason for the employee’s termination.

Holdings

1. ORS 659A.355 protects an employee from discharge, demotion, suspension, discrimination, or retaliation when the employee inquires about the employee's own wages, including by requesting a raise from the employer.
2. The trial court erred by granting summary judgment on the ground that Mirkovic's request for a raise was not protected activity under ORS 659A.355.

Questions Presented

1. Whether ORS 659A.355 protects an employee from adverse employment action when the employee asks the employer for a raise.
2. Whether ORS 659A.355 is limited to wage discussions among employees or to discussions concerning discriminatory pay inequity.
3. Whether the trial court properly granted summary judgment on the ground that Mirkovic's conduct was not protected activity.

Disposition

reversed_and_remanded