Areas of Practice

Race and Sex Harassment

 

Sexual harassment is a form of sex discrimination where unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature are made a condition of one’s employment.  

Racial harassment is a form of race discrimination where unwelcome and offensive racially biased language and behavior negatively impacts one’s employment.

Both forms of conduct are unlawful if it interferes with an individual’s work performance and creates an intimidating, hostile or offensive work environment. 

Discrimination and Retaliation

 

Discrimination is the unlawful and unfair treatment of a person based on protected classes:

  • Race

  • Religion

  • Age

  • Disability (mental or physical, real or perceived)

  • Gender/Sex (See Sexual Harassment)

  • Sexual Orientation

  • National Origin/Ethnicity

  • Pregnancy Status

  • Family Medical Leave Status

Retaliation is any adverse action against someone who has complained that they, or someone else, is being treated unfairly under the law. For example, when an employee is subjected to a hostile work environment, a common and often appropriate response is to report the harassment up the chain of command. Any adverse action that the employee suffers for making such a report can give rise to a retaliation claim that is independent to the underlying discrimination claim.

Whistleblower Retaliation

 

Employees who blow the whistle on their employer’s violations of state or federal law, regulations or rules are often protected by law.

While federal laws protect whistleblowers who report fraud or false claims against the government, Oregon law has much broader whistleblower protections. For example, under Oregon law it is unlawful for an employer to discriminate or retaliate against an employee for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.

Fair Housing Discrimination

 

The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. The Oregon Fair Housing Act also prohibits discrimination based on marital status, source of income, sexual orientation, gender identity, military status, one’s status as a victim of domestic violence and source of income, including Section 8 vouchers.

Section 1983 Litigation

 

Section 1983 litigation is especially close to Matthew’s heart. Matthew has litigated state and federal constitutional issues in both state and federal court in both Washington and Oregon, as well as before the Ninth Circuit Court of Appeals.

Under 42 U.S.C. § 1983, public employees are afforded additional legal protections when a public employer violates an employee’s constitutional rights. Matthew represents employees who have been deprived of their substantive or procedural due process rights, their equal protection rights or who have suffered retaliation for engaging in protected free speech under the First Amendment.

Wrongful Termination

 

Wrongful Discharge / Wrongful Termination claims arise when one is actually or constructively terminated for fulfilling societal duties or exercising rights of public importance related to their role as employees.