Brinkley v. Oregon Health Sciences University

Defendant, a state agency, appeals a judgment for plaintiff in his action for damages and injunctive relief for unlawful employment practices. ORS 659.415; ORS 659.420. 1 The judgment awarded plaintiff $19,443.75 for lost wages, credits for his personal leave, vacation pay and sick pay accounts and a $1,166.63 credit for his retirement account. Defendant assigns as errors that the court denied its motion to dismiss for failure to state a claim, ORCP 21 A, and that it did not “offset” plaintiffs damages for failure to mitigate his damages. Plaintiff cross-appeals and assigns as errors that the…