PoR:rLAND, - Public Interactivemediad.publicbroadcasting.net/p/klcc/files/201509/... · 2015-09-03 · 1. This case arises out of The Register-Guard's decision to swiftly end Serena

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COI.]NTY OF LANE

SERENA MARKSTROM,

Plaintifl

GUARD PUBLISHING COMPANY, AN

Oregon corporation, dba THE REGISTER-GUARD,

Defendant.

Case No.

COMPLAINT

Gender Discrimination (ORS6594.030(1)(a) and (b)); Hostile WorkEnvironment (ORS 6594,030(1 )(a) and(b)); Retaliation (ORS 6594.030(Ð);OFLA Interference (ORS 6594.183).

Claim for $525,000

NOT SUBJECT TO MANDATORYARBITRATION

Jury Trial Demanded

Plaintiff alleges:

INTRODUCTION

1.

This case arises out of The Register-Guard's decision to swiftly end Serena

Markstrom's growing career as a talented and devoted reporter because she became

pregnant. The Register-Guard took Ms. Markstrom from an assignment in the features

department, for which she was recruited, trained, experienced and exceptional, and put

her into a position in the news department for which she had little background. During

this transition, Ms. Markstrom had to learn a new beat and her editors' new application of

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workplace policies. Although The Register-Guard failed to provide her any meaningful

help, for more than seven months, Ms. Markstrom's editors understood her challenges

and were supportive of her, and she worked the new beat without a hint of any serious

concerns about her performance. In fact, whenever Ms. Markstrom confronted a

challenge, she discussed this with her supervisors and, in line with her approach to

feedback generally, immediately corrected the problem.

However, all of that changed dramatically when she notified The Register-Guard

of her need for pregnancy related family leave. Specifically, The Register-Guard

precipitously re-characterized any of Ms. Markstrom's mistakes in the months before her

pregnancy as serious performance deficiencies. As a result, The Register-Guard

presented Ms. Markstrom with a lengthy performance improvement plan that threatened

her with termination in the very near future over issues that it had never previously

brought to Ms. Markstrom's attention as sufficiently problematic to justify discipline, let

alone termination. This hostility caused Ms. Markstrom's treating physician to remove

her from the workplace through the balance of her pregnancy. Shortly thereafter - and

consistent with V/endy Baker's plan to end Ms. Markstrom's employment - while Ms.

Markstrom was on leave, Ms. Baker invited her to resign in exchange for Ms.

Markstrom's agreement not to sue The Register-Guard. Ms. Markstrom refused, and The

Register-Guard ultimately fired her, using the trumped up performance improvement plan

and other accusations as a smoke-screen for its discriminatory and retaliatory motives.

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FACTUAL BACKGROUND

2.

Plaintiff Serena Markstrom is a female individual who resides in Lane County,

Oregon.

3.

Defendant Guard Publishing Company is an Oregon corporation, doing business

as The Register-Guard, having its principle place of business in Lane County, Oregon.

At all times material, it acted by and through its agents and employees, who were acting

in the course and scope of their employment and in furtherance of Defendant's interests.

This includes, without limitation, Wendy Baker, The Register-Guard's General Counsel

and Director of Human Resources.

4.

On or about .li4ay 29,2002, Ms. Markstrom began working for The Register-

Guard as a part-time writer in the Creative Services department, a division of the

advertising department. At that time, Ms. Markstrom was hnishing her undergraduate

program for a magazine degree from the University of Oregon.

5.

On or about September 25,2002, Ms. Markstrom received a generally positive

performance review, with her reviewer noting that "she show[ed] gréat promise as a

writer . . .[and] a willingness to be coachedf.]" The reviewer also recognized that Ms.

Markstrom "is receptive to editing and constructive criticism" and that she has "a solid

writing foundation and a delightful sense of humor." The reviewer noted some areas that

Ms. Markstrom should "focus on," all of which he felt "confrdent" would be resolved.

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6.

On or about December 20,2002, Ms. Markstrom received another positive

performance review, which praised her as "a good writer and . . . productive." It also

noted that she "takes instruction well and continues to grow into her position."

7.

In 2003 and2004, Ms. Markstrom again received positive performance reviews,

noting again that she was a "good writer fwith] . . . the potential to be a great writer," and

that she had consistently "produced work in a timely manner [and] also produc[ed] good

stories."

8.

During this timeframe, Ms. Markstrom received regular pay raises.

9.

While working in defendant's Creative Services department, Ms. Markstrom

applied for a newsroom job as the entertainment writer. V/hile she did not initially

receive that position, on or about March 2,2005, Defendant promoted Ms. Markstrom to

full-time reporting position in the newsroom.

10.

At the time of her hiring, Ms. Markstrom's senior editor, Kevin Miller, told her

that he did not think that anyone had ever been hired from the advertising features

department into the newsroom, and that it was unusual for the ne\ /sroom to take on

people who, like Ms. Markstrom, had less than five years of newsroom experience.

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11.

At or around the same time, Mr. Miller told Ms. Markstrom that he felt she was a

bit of a "loose sannon" but that that characteristic was one reason he had advocated for

her hiring. Mr. Miller said that the newsroom could use someone like Ms. Markstrom to

bring a different perspective.

12.

As a result of becoming a full-time employee of The Register-Guard, Ms.

Markstrom also became a member of the Eugene Newspaper Guild Local 37194 of the

Newspaper Guild/Communication Workers for America (the "Guild"), which had a

collective bargaining agreement (the "CBA") with The Register-Guard. Under the terms

of that CBA, Defendant was required to follow specific processes prior to disciplining a

Guild member, including notifying the Guild and following a progressive discipline

process.

13.

On or about September 2,2005, Ms. Markstrom received a o'six-month, end of

probation review," which marked her "passage from a probationary reporter into a full-

time, non-probationary status." Her review was strong, noting among other things her

impressively positive response to earlier criticism, significant improvement in her

reporting and writing skills and her news judgment, and her willingness to volunteer for

certain assignments and seek guidance from her colleagues. The review ended with the

following: "The truly exciting thing about this is that if Serena continues to make the

choice to absorb as much as she can from colleagues while maintaining and perfecting

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her own obvious writing talent, there are great things ahead for her and for The Register-

Guard."

14.

In her response to that performance review, Ms. Markstrom stated, among other

things, that: "I love criticism . , . As long as people tell me what I'm doing wrong, I'll fix

it."

15.

Ms. Markstrom worked in the newsroom for approximately one-year, largely

working on stories the she and her direct supervisor Jim Murez created together. After

about one year, an entertainment position became available. Ms, Markstrom expressed

her interest in the position and she was given the job.

16.

Ms. Markstrom was eager to begin her new assignment and worked hard in her

new position.

t7.

On or about January 18,2007, in her first annual performance review after

working the entertainment beat, Ms. Markstrom's editor Mark Johnson praised her

performance, opening his written review with: "Wow. That's one word I would use to

sum up Serena's past year."

18.

In addition to aoknowledging her appreoiation for the outstancling revicw, Ms.

Markstrom noted her desire to receive "more coaching." Despite that stated desire, The

Register-Guard failed to provide Ms. Markstrom with a performance review after 2007.

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t9.

Ms. Markstrom's work performance continued to be strong and she wrote as

many as eight or nine bylined stories per week. She did much of her research and story

finding work on her own time, networked with musicians, and attended community

events.

20.

As a result of her strong performanca, Ms. Markstrom was soon sought after to

judge talent contests, teach seminars on publicizing events and communicating with the

press and invited to visit journalism classes at the University of Oregon. Ms. Markstrom

gained over 2,000 Twitter followers, more than any other Register-Guard reporter not

covering Oregon Ducks football. In fact, when the Eugene Weekly maintained a

category for favorite writer, Ms. Markstrom finished second behind columnist Bob

V/elch in two different years.

21.

During this timeframe, Ms. Markstrom continued to receive regular pay increases.

22.

In or around2007, Ms. Markstrom began developing significant pain in her

wrists, and in or around August 2008, a worker's compensation claim was opened. She

also developed a related shoulder problem.

At that point, and through most of 2012, Ms. Markstrom began a rigorous effort

of working with physical therapists to resolve her wrist pain and related shoulder pain.

During this time, she worked extra hours at home and her work schedule became erratic

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with numerous medical appointments. At the same time, she continued to perform her

job duties, cultivating alarge cadre of volunteer writers for The Register-Guard's Ticket

Files blog, compiling over 500 entries onto the blog.

24.

Between approximately 2007 and20I2, The Register-Guard generally supported

her flexible schedule, which \ilas necessitated by her medical condition.

25.

On or around December 2012, The Register-Guard experienced significant staff

reductions, which resulted in a restructuring of its reporters' beats.

26.

Rather than lay Ms. Markstrom off, The Register-Guard moved Ms. Markstrom

from the entertainment/features beat to a consolidated newsroom beat that involved

covering the Sunday shift, the City of Springfield and the rural communities around Lane

County, including the coast. This assignment was formerly covered by three beat

reporters and a part-time weekend features writer.

27.

Ms. Markstrom's new supervising editor was Ilene Aleshire. Ms. Markstrom also

was supervised by senior editor Christian Wihtol and team editor Jeff Wright on evenings

and Sunday.

28.

Ms. Markstrom told Ms. Aleshire that she was eager to start the new assignment

and make the beat her own. Ms. Markstrom also told Ms. Aleshire that she was not

experienced in this beat, and would need help in terms of finding story ideas. Despite

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these requests, The Register-Guard failed to provide Ms. Markstrom any meaningful

assistance to develop her skills working this new beat.

29.

Notwithstanding, Ms. Markstrom spent about half of her time on the City of

Springfield, and had developed a number of news sources in Springfield as well as

smaller communities such as Cottage Grove, Florence, Coburg and Creswell.

30.

In or around August, 2013, Ms. Markstrom took a short leave to get married.

V/hen she retumed, The Register-Guard had removed Springfield from her beat.

31.

Despite that change, Ms. Markstrom was excited to focus on rural areas because it

would allow her to work on feature stories from those areas, in addition to news about the

various towns' governments.

Ms. Markstrom worked hard to develop relationships with people in the rural

communities she covered and create story-idea lists. However, Ms. Aleshire told Ms.

Markstrom that she did not like Ms. Markstrom's story ideas and requested that she

create more story ideas.

JJ.

Ms. Markstrom worked hard to meet Ms. Aleshire's request. However, without

any meaningful guidance or help from The Register-Guard, Ms. Markstrom found it hard

to develop articles from many of the story ideas her numerous rural sources were giving

to her.

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34.

Ms. Markstrom regularly told Ms. Aleshire she had little experience covering the

local government beat and that she appreciated any of her comments, advice, and

suggestions on how to improve her coverage of that beat. In that regard, Ms. Markstrom

would sometimes question Ms. Aleshire about the newsworthiness of a certain topic, and

Ms. Aleshire did not give any indication that Ms. Markstrom's questions were somehow

out of line. In fact, Ms. Markstrom was told by another reporter that he and Ms. Aleshire

fought over stories all the time.

35.

Additionally, and at the same time, The Register-Guard was giving all of the easy

stories from her beat (that came in on news tip lines) to interns. Ms. Markstrom reported

her frustration about this to her union, which brought the issue forward to Ms. Aleshire.

However, Ms. Aleshire did not change her approach with Ms. Markstrom and continued

to discuss with Ms. Markstrom the need to develop better story lists.

36.

Notwithstanding, Ms. Aleshire never characterized these discussions as performance

reprimands, and Markstrom understood them to be simply constructive criticism designed

to help her improve her ability to generate better story ideas.

37.

On or around July 2013, V/endy Baker became The Register-Guard's General

Counsel and Director of Human Resources.

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38.

Because neither Ms. Aleshire nor any other editor had ever criticized Ms.

Markstrom's reporting abilities, Ms. Markstrom believed that she had been doing a good

job, and that Ms. Aleshire understood that Ms. Markstrom was learning a new beat and

generally supported her efforts in that regard.

39.

In fact, between Ms. Markstrom's transfer to the news beat in late 2012, and the

announcement of her pregnancy in November of 2013, Ms. Markstrom received only a

single formal written reprimand related to her performance. That reprimand was for her

use of vacation time in connection with attending an annual softball game that Ms.

Aleshire falsely characterized as an honesty issue. In addition, the only other counselling

that Ms. Markstrom received prior to announcing her pregnancy was a single, informal

email concerning her use of overtime in the newsroom and a photo submission. Both of

those issues resulted from misunderstandings about the process in the newsroom, and Ms.

Markstrom never repeated them.

40.

On or about November 6,2013, Ms. Markstrom notified The Register-Guard's

human resources department that she was pregnant. As a result, Ms. Baker became

aware of Ms. Markstrom's pregnancy at the same time. Shortly before then, Ms.

Markstrom had notif,red Ms. Aleshire and Mr. V/right about her pregnancy.

4r.

Shortly thereafter, on or about November 12,2013, Defendant issued Ms,

Markstrom a second written reprimand. This reprimand pertained to Ms. Markstrom's

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failure to talk with her editor after filing a story for the next day's paper before leaving

for the day. Ms. Markstrom left work because she had previously been told that she

could not work past 6:30, the scheduled end of her work day. As a result, because she

finished the story at 6:30, and filed it as "complete," she left work at that time not

knowing that her editor expected her to stay late.

42.

Around the same time, Ms. Markstrom asked Ms. Aleshire if she could use flex

time of between half-hour and two hour time blocks to make up for time she lost due to

pregnancy-related illnesses, such as nausea, headache and fatigue.

43.

As described above, Ms. Markstrom had previously been allowed to use flex time

in a similar fashion when she was dealing with her workplace wrist and shoulder injuries

Notwithstanding the previous practice, Ms. Aleshire refused Ms. Markstrom's

request.

Around the second week of November 2013, Ms. Markstrom submitted a written

request for Oregon Family Leave Act ("OFLA"), intermittent leave to deal with

pregnancy related illness.

46.

Almost immediately after Ms. Markstrom had submitted her OFLA request, Ms.

Baker instructed Ms. Aleshire to promptly document any and all of Ms. Markstrom's

conduct that Ms. Aleshire could be critical of because, according to Ms. Baker, The

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Register-Guard "needed to get this done soon," before Ms. Markstrom "got into her

pregnancy and . . . claimed pregnancy discrimination."

47.

Ms. Aleshire followed Ms. Baker's instructions and, unbeknownst to Ms.

Markstrom, began preparing a list of alleged performance deficiencies and a performance

improvement plan (the "PIP") listing forty four alleged performance deficiencies that had

occurred between October 2011 and December 2013, and twenty two alleged problematic

stories submitted by Ms. Markstrom from April 2012 to December 2013. Except for the

written reprimand and email noted above, Defendant had never previously raised any of

those alleged performance deficiencies and alleged problematic stories as performance

issues before the PIP.

48.

In or around late November 2013, Ms. Aleshire emailed Ms. Markstrom to

schedule a "coaching" meeting, which occurred on or about November 21,2013.

49.

Initially, Ms. Markstrom was excited about this meeting because she mistakenly

believed that Ms. Aleshire was intending to give Ms. Markstrom some meaningful and

constructive assistance on becoming a better news reporter.

50,

Instead, during the ninety minute meeting, Ms. Aleshire focused entirely on Ms.

Markstrom's faults, criticizing her for among other things being a bad writer, having a

poor command of the English language and terrible news judgment, and for not being

interested in "hard news."

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51

Ms. Markstrom was shocked and distressed by Ms. Aleshire's conduct, which was

abetrayal of the trust Ms. Markstrom had placed in Ms. Aleshire and their relationship

In that regard, Ms. Markstrom explained her concerns to Ms. Aleshire as follows:

I have shared things about myself and been honest with you in hopes itwould help you play to my strengths and work with who I am rather thantrying to turn me into something else entirely. I have indicated mywillingness to learn and sincerely do want to grow. I just can't imaginewhy you think only drawing attention to my faults, wely giving concretealternatives for how to do things and almost never saying anythingpositive would make me a more confident and effective reporter. I thinkfor this to work we both need to alter our approaches. I am willing to dowhat I can to meet your needs, but I don't think it's reasonable for me toovernight become someone other than who I am. What I 'got away' withall those years in features might have been some bad habits that werenever brought to my attention, but I also had a lot of fans who liked me forwho I was and enjoyed that I brought something different to the paper. Iam no longer allowed to do that, and so I feel like I am just trying to re-invent myself from the ground up. It's a very stressful situation and I havelost a lot of confidence. I don't think demoralizing me is the way to getmore out of me.

52.

Ms. Aleshire did not respond to Ms. Markstrom's concerns.

53.

Instead, on or about December 10, 2013, Ms. Aleshire gave Ms. Markstrom the

previously prepared PIP, which threatened Ms. Markstrom with termination by February

14,2013.

54.

On behalf of Ms. Markstrom, the Guild immediately notified Ms. Baker of its

intent to grieve the PIP on the grounds that Ms. Markstrom improperly had "been

informed in absence of any Guild notification or representation and without any

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semblance or progressive discipline of the possibility of being terminated from her

position by February 74."

55.

As the same time, the Guild also notified The Register-Guard that: "The violation

of [Ms. Markstrom's] rights . . . which include actions . . . [of] disparate treatment,

discrimination, harassment, intimidation and creation of a hostile working environment,

are fl,agrant."

56.

The Guild also notified The Register-Guard that the Guild had "never received

one word of notice whatsoever that Serena Markstrom has been the target of any

disciplinary action."

57.

The Guild (and Ms. Markstrom) renegotiated the terms of the PIP with Ms. Baker,

and agreed to settle the matter because Ms. Markstrom wanted to continue working at

The Register-Guard and improve her relationship with Ms. Aleshire.

58.

On or about February 5,2014, Ms. Baker received a note from Ms. Markstrom's

treating physician "strongly" recommending that Ms, Markstrom be placed on leave until

after her baby was born. The physician's reason for this recommendation was that Ms.

Markstrom was being targeted because of her pregnancy, which was causing her

increased stress and anxiety and, in turn, compromising her pregnancy.

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59.

On or about February 6,2014, Ms. Markstrom emailed Ms. Aleshire to notify her

of her physician's leave recommendation, as follows: "My doctor has ordered me not to

return to work until after the baby is born. It took some convincing on her part, but I am

going along with her request. I will check my emails periodically to clean them out, and

forward things as appropriate, but as of yesterday I am on medical leave."

60.

At this time, and up through the time of her firing, Ms. Markstrom wanted and

intended to continue working with The Register-Guard.

6r.

In contrast, The Register-Guard wanted and intended for Ms. Markstrom to end

her employment. In that regard, on or about February 26,2014, Ms. Baker gave Ms.

Markstrom a proposed separation agreement to end Ms. Markstrom's employment, which

generally offered Ms. Markstrom a voluntary lay-off and an agreement not to challenge

Ms. Markstrom's claim for unemployment in exchange for Ms. Markstrom's release of

her legal claims against The Register-Guard. Ms. Baker insisted that Ms. Markstrom

respond to her "personally," despite the fact that Ms. Markstrom was a represented

employee and the fact that her physician had previously advised that she be shielded from

such interpersonal strife with her supervisors.

62.

Ms. Markstrom experienced that proposal as additional harassment and

recognized it as a part of The Register-Guard's calculated effort to terminate her

employment, a proposal which she ultimately rejected.

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PoRTLAND, OR 97201

TEL: (s03) 225-0777 / FA* (503) 225-72s700000 3 3 640 H07 3 H 0 7 3 P LO 1

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63.

Ms. Aleshire responded to Ms. Markstrom's email of February 6,2013,by

thanking her for the update and offering to monitor her voicemails and emails, as follows

"Don't worry about your emails or voicemails. I'll take care of them."

64.

On or about February 7,2074, Ms. Markstrom responded, confirming that she

wanted to check her emails while she was on leave, as follows: "I will want to check my

emails anyway, even coming back from two weeks is way more emails than a person

needs in email volume . . . and coming back from my wedding led to missing an

important email about my vacation time running out . . . so I think I will definitely check

my emails when I'm out on disability. I'm not incapacitated."

65.

In response, Ms. Aleshire instructed Ms. Markstrom that she could not "do any

work, including checking emails and voicemails," while she was on disability leave.

66.

Ms. Markstrom understood this instruction to mean that she could not do work,

which could include checking work-related emails and voicemails. She did not

understand this to be a total prohibition against accessing her email account for personal

matters.

67.

In that regard, the Guild had recently won a several-year legal battle with The

Register-Guard concerning the Guild's members' use of The Register-Guard's email,

HAGLUND KELLEYLLP2OO S\üø MARKET STREET, SUITE 1777

PoR:rLAND, OR 97201

TEL: (503) 225-0777 /i FAx: (503) 225-L2570000033 640H07 3H07 3 P L0 1

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which resulted in a judgment authorizing Guild members to use their Register-Guard

emails for union and personal matters.

68.

Additionally, it was common practice among Guild members to use The Register-

Guard emails for personal matters, and to monitor work-related emails while on leave.

69.

As a result, Ms. Markstrom was confused and frustrated by Ms. Aleshire's

instruction, which Ms. Markstrom reasonably believed was focused only on work emails.

70.

Based upon the above, Ms. Markstrom asked for the Guild's guidance, stating in

an email to her Guild representative: "Vy'hy can't I check my emails. I don't want her to

check my emails."

71,

During her leave, Ms. Markstrom accessed her email only two or three times for

personal reasons.

72.

The first time was in response to a request from her Guild representative for help

in determining her work hours during a time period before her leave. This information

was necessary to assist the Guild in responding to The Register-Guard's proposed

separation agreement.

HAGLUND KELLEY LLP2OO SSø MARKET STREET, SUITE 1777

PoRTLAND, OR 97201TEL: (503) 225-0777 / FA* (503) 225-t257

0000 03 3 640 H0 7 3 H 07 3 P L0 1

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73.

V/hile on her email, Ms. Markstrom forwarded numerous emails to her Guild

representative concerning her work, which included emails that were critical of Ms.

Aleshire.

74.

Understanding that Ms. Aleshire was going to be reviewing Ms. Markstrom's

emails, she was concerned that Ms. Aleshire would read some of the emails about Ms.

Aleshire. Consequently, she deleted those emails from her sent box. In doing so, Ms.

Markstrom understood that The Register-Guard continued to have access to those emails

through its archiving system.

75.

A short time later, in or around the second week of February 2014, The Register-

Guard disabled Ms. Markstrom's access to her email without notifying her or her Guild

representative in advance.

76.

At some point, Ms. Markstrom attempted to access her email and discovered that

her password no longer worked. Because The Register-Guard had not informed Ms.

Markstrom of its intention to disable her password, Ms. Markstrom simply thought that

she had forgotten or mis-keyed her password. As a result, she contacted Joe Clark, a

computer programmer/operator for The Register-Guard's IT department, and informed

Mr. Clark that her password was not working and asked for his help.

77,

Mr. Clark restored Ms. Markstrom's access to her email.

HAGLUND KELLEYLLP2OO SSø MARKET STREET, SUITE 1777

PoRTIáND, OR 97201

TEL: (503) 22s-0777 / FAx: (503) 225-L2s70000 0 3 3 6 40 H0 7 3 H0 7 3 P L0 1

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18.

The next time Ms. Markstrom accessed her email she forwarded around 400

emails from fans that she had retained. She then deleted those emails in keeping with her

customary practice of cleaning out her "sent mail" box to save limited memory space and

avoid incoming email from bouncing.

79.

A few days later, Ms. Aleshire asked someone in The Register-Guard's IT

department to restore her access to Ms. Markstrom's account, which had the effect of

disabling Ms. Markstrom's access.

80.

At that time, The Register-Guard failed to notify Ms. Markstrom or her Guild

representative that it had intentionally disabled her access to her email account.

81.

A short time later, Ms. Markstrom again asked The Register-Guard's IT

department for help, and again, her access was restored.

82.

On or about March 18,2074, Ms. Baker secured access to Ms. Markstrom's

account (which resulted in Ms. Markstrom's access being disabled) and printed out 150

pages of emails.

83.

At that time, The Register-Guard again failed to notify Ms. Markstrom or her

Guild representative that it had intentionally disabled her access to her email account.

HÁGLUND KELLEY LLP200 SW MARKET STREET, SurrE 1777

PoRTráND, OR 97201

TEL: (503) 225-01?7 / FAx: (s03) 225-L257000003 3640H07 3H07 3 P L0 1

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84.

On or about March 20,2014, Ms. Baker finally informed the Guild of her

concems about Ms. Markstrom accessing her email account, and asked for a meeting

with Ms. Markstrom to discuss "the settlement agreement and other items." Ms. Baker

noted that the concerns around the work email arose out of Ms. Markstrom's physician's

orders pertaining to limiting Ms. Markstrom's exposure to the worþlace hostility and

harassment.

85.

On or about March 2I,20I4, the Guild responded, noting that Ms. Markstrom

was unable to meet because she did not "have clearance from her doctor for personal

encounters." Despite this knowledge, Ms. Baker repeatedly involved Ms. Markstrom in

her communications with the Guild and even demanded in-person meetings with Ms.

Markstrom, contrary to the concerns expressed regarding the limitation of Ms.

Markstrom's access to her work email.

86.

Later fhat same day, Ms. Baker responded, suggesting that Ms. Markstrom would

have an opportunity to "explain" her actions while at the same time confirming that Ms.

Markstrom's employment was over in any case, either through Ms. Marksttom's

acceptance of The Register-Guard's previously rejected separation offer or her firing.

87.

On or about March 24,2014, The Register-Guard fired Ms. Markstrom,

intentionally mischaracterizing her conduct as "dishonest, insubordinate and having

destroyed company property."

HÂGLUND KELLEY LLP200 s!ø MARKET STREET, surrE 1777

PoRTr"{ND, OR 97201

TEL: (503) 225-0777 / FAx: (503) 225-L2570000033 640H07 3H07 3 P LO1

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88.

At the time of her termination, Ms. Markstrom was earning approximately

$80,000 in wages and benefits per year.

89.

Ms. Markstrom will seek leave of the court to add a claim for punitive damages.

90.

Ms. Markstrom has attempted to mitigate her damages.

First Claímfor Relief

(Gender/Pregnancy Discrimination - ORS 6594.029 and.030(l)(a) & (b))

91,

Ms. Markstrom realleges each and every allegation set forth above.

92.

As set forth above, Ms. Markstrom was a pregnant woman and thus was protected

from discrimination on account of that pregnancy under ORS 6594.029.

93.

As set forth above, Ms. Markstrom was performing her work in a satisfactory

manner prior to her pregnancy.

94.

As set forth above, Ms. Markstrom was discriminated against on account of her

pregnancy including, without limitation, by the denial of benefits, by subjecting her to

increased scrutiny, discipline, and corrective actions over matters that had never been

raised previously, by limiting her job-related benefits, and ultimately by terminating her

on account ofher pregnancy.

H-A.GLUND KELLEY LLP2OO SW MARKET STREET, SUITE U77

PoRTIÁND, OR 97201

TEL: (503) 225-0777 / FAx: (s03) 225-r2s700000 3 3 6 40 H 07 3 H07 3 P L0 I

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95.

Because of Ms. Markstrom's pregnancy, Defendant treated her differently from

other employees not so affected but similar in their ability or inability to work by reason

of physical condition.

96.

Ms. Markstrom suffered economic and non-economic damages as a result of

defendant's discrimination in an amount to be specifically proven attrial, but cunently

estimated at $525,000.

97.

Under ORS 6594.885, Ms. Markstrom is entitled to recover her reasonable

attorney fees, costs, and disbursements incurred in prosecuting this claim.

Second Claimfor Relief

(Hostile Work Environment - ORS 6594.030(1Xa) & (b))

98.


99.

As set forth above, Defendant's management and employees repeatedly subjected

Ms. Markstrom to intimidation, harassment, increased søutiny, humiliation, and

marginalization on account of her pregnancy and sex.

100.

The hostile work environment created by defendant seriously affected Ms.

Markstrom's psychological well-being, interfered with her work performance, and altered

the terms and conditions of her employment.

I-IAGLUND KELLEY LLP2OO SW MARKET STREET, SUITE 1777

PoRTIÁND, OR 97201TEL: (503) 22s-0777 / FAx: (s03) 225-t257

000003 3 640H07 3H07 3 P 101

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101.

Ms. Markstrom reported the hostility that she was subjected to Defendant through

her Guild representative and physician. In response, Defendant ignored Ms. Markstrom's

concerns and took no action, investigative or otherwise, to end the harassment.

102.

Ms. Markstrom suffered noneconomic damages as a result of defendant's

discrimination in an amount to be specifically proven at trial.

103.



Third Cløimfor Relief

(Retaliation - ORS 6594.030(Ð)

t04.


105.

As set forth above, Ms. Markstrom engaged in protected activity by reporting

Defendant's unlawful pregnancy discrimination to the Guild and by opposing Defendant's

unlawful pregnancy discrimination through the CBA's grievance process, through

providing the physician's note recommending that she take leave on account of the

pregnancy-related hostility that she was suffering, and through following her physician's

recommendation.

1 06.

As set forth above, Ms. Markstrom was retaliated against on account of her

HÄGLUND KELLEY LLP200 sw MÁ.RKE:r STREET, surrE 1777

PoR:rLAND, OR 97201

TEL: (s03) 225-0777 / FAx: (503) 22s-125700000 3 3 640 Ho7 3H07 3 P L0 1

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protected opposition activities including, without limitation, by the denial of benefits, by

subjecting her to intimidation, increased scrutiny, discipline and corrective actions over

matters that had never been raised previously, by limiting her job-related benefrts, and

ultimately by terminating her in retaliation for her protected activity.

107.


defendant's retaliation in an amount to be specifically proven attrial, but currently


108.



Fourth Cløìmfor Relief

(OFLA Interference - ORS 6594.183)

109.


I 10.

As set forth above, Ms. Markstrom was a covered employee under the Oregon

Family Leave Act (OFLA).

111.

As set forth above, Ms. Markstrom availed herself of OFLA leave and took

OFLA leave in connection with her pregnancy.

FIAGLUND KELLEY LLP2OO SW MARKET STREET, SUITE 1777

PoRTr-aND, OR 97201

TEL: (503) 22s-0777 / FAx: (503) 22s-725700000 3 3 640 H 0 7 3 H07 3 P L0 1

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1r2.

As set forth above, Defendant interfered with Ms. Markstrom's use of OFLA

leave by engaging in numerous unlawful actions including the denial of benefits,

subjecting her to intimidation, increased scrutiny, discipline and corrective actions over

matters that had never been raised previously, limiting her job-related benefits, and

ultimately terminating her employment on account of her availment and use of OFLA

leave.

1 13.


defendant's retaliation in an amount to be specifically proven attrial, but currently


tt4.



PRAYER F'OR RELIEF

V/HEREFORE, Ms. Markstrom prays for judgment against Guard Publishing

Company, as follows:

1. For her economic losses, in an amount to be proven at the time of trial, but

currently estimated to exceed $400,000;

2. For her non-economic losses, in an amount to be proven at the time of

trial, but currently estimated to exceed $125,000;

3. For her reasonable attorney's fees and costs;

}IÁGLUND KELLEY LLP2OO STø MARKET S:TREET, SUITE 1777

PoR:rLAND, OR 97201

TEL: (503) 225-0777 / FAx: (503) 225-t2s700000 3 3 640 H0 7 3 H 07 3 P L0 I

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4. For any other relief that the court deems just and equitable under the

circumstances

DATED this 28th day of August,2015.

HAGLUND KELLEY LLP

By : s/ Christopher LundbersChristopher Lundberg, OSB No. [email protected] for Plaintiff

HÁGLUND KELLEYLLP2OO SW MARKET STREET, SUITE 1777

PoRTI"A,ND, OR 97201

Tar.: (503) 225-0777 / FA* (503) 225-7257000003 3 640 Ho7 3H07 3 P L0 1

PAGE 27 - COMPLAINT

PoR:rLAND, - Public Interactivemediad.publicbroadcasting.net/p/klcc/files/201509/... · 2015-09-03 · 1. This case arises out of The Register-Guard's decision to swiftly end Serena

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