Oregon court ruling broadens scope of secondary 'aiding and abetting' liability

Anyone (not just employers or employees) can be sued for "aiding and abetting" an unlawful employment practice, the Oregon Court of Appeals recently decided. The ruling vastly expands the scope of who can be subject to liability for aiding and abetting.

Facts

Elisabeth Hernandez was a nurse at Mercy Medical Center Hospital, operated by Catholic Health Initiatives. The Reed Group administered Mercy Health's employee benefit programs, including medical leave.

Hernandez injured her back while lifting a patient at work. She made a workers' compensation claim and was off work for several months because of medical restrictions from her doctor. Around the same time, she became aware of several vacant positions that met her work restrictions, but the hospital refused to employ her in those jobs.

About two months later, Mercy Health terminated Hernandez because she had exhausted her medical leave. She asked the hospital to reemploy her or otherwise accommodate her injury. She also contacted Reed Group to request additional medical leave but was told she wasn't eligible because she had been discharged.

Hernandez sued Mercy Health and filed a claim against the Reed Group, alleging it had aided and abetted unlawful employment practices by mishandling her medical leave benefits.

Court's decision