Green files complaint with labor bureau

He also alleged he was terminated for exercising his Oregon Family Medical Leave Act rights and discriminated against based on his sex because similarly situated female employees were not fired.

In the complaint, he said “stress” from personnel issues “created a serious medical condition for me” and forced him to take medical leave. He also alleged he was placed on leave and then fired while he was still getting treatment for his medical condition.

The district’s attorney, Tom Peachey, told the Chronicle, “The termination of Scott Green’s contract was a difficult decision for the board and was considered with due caution. The district is confident that its actions was fully compliant with the requirements of Oregon’s employment laws.

The board expects that a fair evaluation by BOLI will find that all actions of the board with regards to Scott Green were proper and that this complaint will be dismissed.”

In his complaint, Green said in or around March 2013 a female employee made allegations of improper conduct against a male employee. Green investigated, at the direction of the board and legal counsel, the complaint said, and found the complaint unsubstantiated.

“The female employee did not like the conclusion and then made allegations of a hostile work environment against another employee,” the complaint stated. Peachey investigated the new allegation and concluded they were unsubstantiated, he stated.

“The female employee was again dissatisfied with the results of the investigation and openly complained about me and the male employee,” the complaint stated.

The district provided training through a consultant, and the consultant and Peachey recommended Green create a work plan for the female employee and the male employee involved, Green stated in the complaint. He created a work plan with the consultant’s and Peachey’s assistance and recommendations, he said.

“The female employee complained about the work plan” and subsequently Green worked with Peachey and the consultant “regarding discipline of the female employee. The female employee responded with a 12-page letter to Mr. Peachey and the board regarding her perceptions of my job performance and complaints.”

“The stress created a serious medical condition for me,” he wrote in the complaint. “My doctor took me off work for medical reasons for a two-week period ending August 4, 2014. On or about August 1, 2014, the board chairperson, Ms. Catherine Whalen, telephoned me and instructed me to attend a meeting on August 4, 2014, with her, the vice-chair and Mr. Peachey. At that meeting on August 4, 2014 I was presented with a 30-day work plan.”

Later that same day, Green said in the complaint, he was called to Peachey’s office and Peachey “placed me on administrative leave for an indefinite period. Defendant terminated my employment without returning me to work from administrative leave. The treatment for my medical condition continued after I was placed on administrative leave and after my termination.”

Charlie Burr, a spokesman for the Oregon Bureau of Labor and Industries, said BOLI has a year to investigate complaints, but usually does so within four to six months.

If it finds substantial evidence of wrongdoing, the parties are brought together for mediation. If that fails, a prosecutor decides whether to bring formal charges.

If formal charges are brought, the case goes before an administrative law judge, who issues a proposed order, which both parties can respond to. Then it all goes to the Labor commissioner for a final order. That decision can be appealed to an appeals court or the Oregon Supreme Court.

“Our process can be difficult,” Burr said. “We’re limited to what are clear violations of Oregon civil rights law and were limited to what we believe we can prove.”