A former guard at the Snake River Correctional Institution lost her gender-discrimination suit against the state. Then, a judge decided her claims were untruthful and ordered her to pay $30,000 in attorney’s fees.

But the Oregon Court of Appeals ruled this month that such a penalty could have a chilling effect on other litigants who want to sue but don’t, for fear that they too could face tens of thousands of dollars in fees if they lose.

The appeals court ruled July 17 that the presiding judge for Malheur County Circuit Court erred when he awarded the state attorney’s fees after a jury found Oregon was not guilty of the discrimination charges. The court referred to a U.S. Supreme Court ruling which set standards for the awarding of attorney’s fees.

“This kind of hindsight logic could discourage all but the most airtight claims,” the U.S. Supreme Court decision read, “for seldom can a prospective plaintiff be sure of ultimate success.”

The decision to punish a plaintiff for bringing such a claim, a rarity in Oregon, was based in Judge J. Burdette Pratt’s feeling that corrections officer Ronda Park’s claims were “unreasonable, frivolous, and without foundation,” despite previous rulings by the same judge that allowed the case to proceed.

To allow such cases to proceed, the Department of Corrections warned, would allow suits “based on fabricated events to be brought with impunity.”

Park said she was treated differently from male co-workers and gave examples of discrimination the state didn’t dispute and were entered into the case as fact. After the Department of Corrections put Park on leave for three-and-a-half months while it investigated the case, Park complained to the Civil Rights Division of the Oregon Bureau of Labor and Industries. The division found “substantial evidence of an unlawful employment practice” concerning Park’s gender-discrimination claim. She sued in state court.

After the jury ruled against Park, Pratt made the attorney fee award and clarified his position: “This is not a case of different witnesses remembering events differently. This is a disturbing case of a plaintiff lying under oath in support of her claims.”

Ultimately, the appeals court found that, even if Park wasn’t truthful, lying isn’t a reason to pile on attorney’s fees.

“Although there may be circumstances where a plaintiff’s untruthfulness about certain facts is so pertinent to the basis of the plaintiff’s discrimination claims that those claims are rendered unreasonable by that untruthfulness,” the court ruled, “this is not such a case.”

Parks, of Ontario, said that despite losing the original discrimination case, the Oregon Court of Appeals ruling was a victory.

“This was a very, very lengthy case, and things seemed to happen in a domino effect,” Parks told the Argus Observer this morning.

The original suit stemmed from an incident in which Parks was accused by her employer of alerting the media after a fellow co-worker urinated down a recycled water drain at Ore-Ida, she said.

However, Parks claimed that the media contacted her initially, and she was given a letter of reprimand. Shortly after, she said that she brought a major security breach to the attention of another guard and he ended up grabbing her arm and twisting it to the point that she required physical therapy. Both guards were given letters of instruction, which is lesser punishment than she was given for something she claimed she did not even do.

“I do feel that the fees I was ordered to pay was to try and stop other government employees from attempting to sue state employers,” Parks said.

The Oregon Court of Appeals ruling was a step in the right direction for equal rights, and hopefully will encourage others to step forward without fear if they too are being discriminated against and mistreated while at work, Parks said.

Argus Observer reporter William Lopez contributed to this report.

(1) comment

Francois

Five paragraphs, before the persons name is mentioned!

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