Rule : Unlawful employment practices are defined by Oregon statute 659A.030, which states: “(1) It is an unlawful employment practice: . . . (b) For an employer, because of an individual’s race, religion, color, sex, national origin, marital status or age. . ., to discriminate against such individual in compensation or in terms, conditions or privileges of employment.” Or. Rev. St. 659A.030(b). The statute is intended to provide protection for Ms. Saxon if she experiences workplace discrimination based on her sex. Its goal is to “insure human dignity of all people within this state, and protect their health, safety and morals from the consequences of intergroup hostility, tensions, and practices of discrimination.” Fred Meyer, Inc. v. Bureau of Labor, 39 Or. App. 253, 261, 592 P.2d 564, 569, (1979). Case law also shows that it is a violation of the statute if an employer fails to resolve the discrimination. Meyer, 39 Or. App. 253, 264, 592 P.2d 564, 571 (1979).
It is a given that Ms. Saxon was not discriminated against in compensation or terms. She was promoted to a permanent employee while receiving top wages in the industry, and she was hired into her position on the basis of her performance and skills. Thus, the focus for discrimination is on the conditions and privileges of her work environment.
Ms. Saxon was likely sexually discriminated against. Under the Oregon statute for unlawful employment practices, it is unlawful for an employer “because of an individual...
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...x. The verbal comments were targeted specifically at her. In McCain, the attitudes and habits were expressed in a passive form through posters and postcards. Ms. Saxon experienced direct, verbal remarks. Ms. Saxon could not avoid or look away from her grievance like the claimant could.
Counter: On the other hand, the behaviors of the crew members could be viewed as similar to those in McCain. The claimant in McCain argues that the employer had a “sexist attitude” and treated women “only as sex objects”. Id. The crew members in Ms. Saxon’s situation may have these beliefs and express them by the remarks made to Ms. Saxon. The crew members’ jokes may have been expressions of their habits and attitudes toward women, like the posters and postcards in McCain, rather than sexual harassment toward Ms. Saxon, and therefore they may not have been grievous according to McCain.
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