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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
pAcEl-coMpLArNr ,oor,,.I*llT#rHäiil,1Ï",r,PoR:rLAND, OR 97201
r EL (50 3) 225 -07 7
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8/28/2015 1:30:58 PM15CV23028
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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.
I{ÀGLUND KELLEY LLP2OO SW MARKET STREET, SUITE 1777
PoRTIáND, OR 97201TEL: (s03) 225-0777 / FAx: (503) 225-12s7
00000 3 3 640 Ho7 3H07 3 P L0 I
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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.
HÁ,GLUND KELLEY LLP2OO SW MARKÊT STREET, SUITE 1777
PoRTLAND, OR 97201
TEL: (503) 225-0777 / FAx: (s03) 225-125700000 i 3 6 40 H 07 3 H 0 7 3 P L0 1
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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.
HAGLUND KELLEY LLP2OO SW MARKET STREET, SUITE 1777
PoRTLAND, OR 97201TEL: (503) 225-0777 / FAx: (s03) 22s-1257
0000033640H07 3H073 PL01
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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
HÀGLUND KELLEY LLP2OO SW MÂRKET STREET, SUITE 1777
PoRTr-aND, OR 97201
TEL: (503) 22s-0777 / FAx: (s03) 22s-12570000033640H07 3H07 3 PL01
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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.
I-IAGLUND KELLEY LLP2OO SW MARKET STREET, SUITE 1777
PoRTLAND,OR 97201
TEL: (503) 225-0777 / FÁx: (s03) 22s-125700000 i 3 640 H0 7 3 H0 7 3 P LO 1
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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
HÁGLUND KELLEY LLP2OO SW MARKET STREET, SUITE 1777
PoR:rr-aND, OR 97201TEL: (503) 225-0777 / FAx: (503) 225-1257
00000 3 i 640 H07 3 H 07 3 P L0 1
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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
HAGLUND KELLEY LLP2OO S'!trí MARKET STREET, SUITE 1777
PoRTTAND, OR 97201
TEL: (s03) 225-0777 / FAx: (503) 225-7257000003s640H07 3H07 3 P L0 I
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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.
I_IAGLUND KELLEY LLP2OO S\ùø MÀRIGT STREET, SUI:TE 1777
PoRTT.AND, OR 97201TEL: (503) 22s-0777 / Fl\x (503) 225-t257
00000 3 3 640 H 0 7 3 H07 3 P L0 1
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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.
HÂGLUND KELLEY LLP2OO SW MARKET STREET, SUITE 1777
PoRTLAND, OR 97201
TEL: (503) 225-0777 / FAx: (s03) 225-t2s700000 3 i 640 H 07 3 H 07 3 P L0 1
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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
HAGLUND KELLEY LLP2OO SW MARKET STREET, SUITE 1777
PoRTr-AND, OR 97201
TEL: (503) 225-0777 / FAx: (503) 225-725700000 3 3 640 H 07 3 H 07 3 P L0 1
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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
H,AGLUND KELLEY LLP200 sw MARKET STREET, surrE 1777
PoRTr-aND, OR 97201
TEL: (503) 225-0777 / FAx: (s03) 225-125700000i 3640H07 3H07 3 PLg I
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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."
HÁGLUND KELLEY LLP200 sw MARKET sTREE:r, surrE 1777
PoRTÌÁND, OR 97201TEL: (503) 225-0777 / FAx: (s03) 225-1257
000003 3640H07 3H07 3 P L0 1
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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
HÁGLUND KELLEY LLP2OO SW MARKET STREET, SUITE 1777
PoR:rLAND, OR 97201TEL: (503) 225-0777 / FAx: (s03) 225-r2s7
000003 3640H07 iH07 3 PL9 1
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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.
HAGLUND KELLEY LLP2OO SW MARIGT STREET, SUITE 1777
PoRnr.AND, OR 97201
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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.
FIÂGLUND KELLEY LLP2OO SW MARKE:I STREET, SUITE 1777
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
PAGE 17 _ COMPLAINT
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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
PAGE 18 _ COMPLAINT
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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
PAGE 19 - COMPLAINT
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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
PAGE 20 - COMPLAINT
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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
PAGE 21 - COMPLAINT
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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.
Ms. Markstrom realleges each and every allegation set forth above.
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.
Under ORS 6594.885, Ms. Markstrom is entitled to recover her reasonable
attorney fees, costs, and disbursements incurred in prosecuting this claim.
Third Cløimfor Relief
(Retaliation - ORS 6594.030(Ð)
t04.
Ms. Markstrom realleges each and every allegation set forth above.
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.
Ms. Markstrom suffered economic and non-economic damages as a result of
defendant's retaliation in an amount to be specifically proven attrial, but currently
estimated at $525,000.
108.
Under ORS 6594.885, Ms. Markstrom is entitled to recover her reasonable
attorney fees, costs, and disbursements incurred in prosecuting this claim.
Fourth Cløìmfor Relief
(OFLA Interference - ORS 6594.183)
109.
Ms. Markstrom realleges each and every allegation set forth above.
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
PAGE 25 _ COMPLAINT
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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.
Ms. Markstrom suffered economic and non-economic damages as a result of
defendant's retaliation in an amount to be specifically proven attrial, but currently
estimated at $525,000.
tt4.
Under ORS 6594.885, Ms. Markstrom is entitled to recover her reasonable
attorney fees, costs, and disbursements incurred in prosecuting this claim.
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. 941084clundberg@hk-law.comAttorneys 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
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