Motsinger v. Lithia Rose-Ft, Inc., 211 Or. App. 610 (2007)

The plaintiff was employed for fourteen months by the defendant as a part-time receptionist. She alleged that she was subjected to repeated acts of sexual harassment by several male employees. The plaintiff also alleged that her employment was terminated in part as retaliation for reporting this sexual harassment to management. She brought a wrongful termination action against the employer, alleging claims of sexual harassment under Or. Rev. Stat. § 659A.030(1)(a), retaliation under Or. Rev. Stat. § 659A.030(1)(f), wrongful discharge, battery, and intentional infliction of emotional distress. The trial court denied defendant's petition to abate the proceeding pending arbitration, ruling that the arbitration clause contained in the plaintiff's employment contract with the defendant was unenforceable because it constituted an unconscionable contract of adhesion. The appellate court found that the employee did not show that the contract formation carried indicia of procedural and substantive unconscionability other than an unequal bargaining power. Consequently, the Court of Appeals of Oregon reversed and remanded the case.

Topics

• Employment discrimination
• Gender discrimination
• Sexual harassment

Geographical location

• North America
• United States
• Oregon

Keywords

• wrongful termination
• retaliation

Year

• 2007

External URL

• Motsinger v. Lithia Rose-Ft, Inc., 211 Or. App. 610 (2007)

Court

• Oregon Court of Appeals

Type

• Domestic Case Law

Jurisdiction

• Oregon