Matthew C. Ellis, PC

04/28/2024

https://www.oregonlive.com/health/2024/04/former-ohsu-cardiac-doctor-wins-4-million-jury-verdict-against-ohsu-in-s*x-discrimination-case.html

The federal jury also awarded $50,000 in punitive damages to Dr. Rupa Bala against her former department chief.

12/14/2021

https://www.wweek.com/news/courts/2021/12/13/jo-ann-hardesty-files-5m-lawsuit-against-portland-police-union-and-its-former-president-for-leak-of-false-hit-and-run-allegation/

City Commissioner Jo Ann Hardesty filed a $5 million lawsuit on Monday against the city’s police union, its former president Brian Hunzeker, and a Portland Police Bureau officer named Kerri Ottoman, alleging they leaked information that falsely implicated Hardesty in a hit-and-run crash last sprin...

08/04/2021

Matthew C. Ellis and Stephen L. Brischetto are proud to represent Commissioner Jo Ann Hardesty in her quest for justice after being wrongly and publicly accused of criminal activity by the Portland Police Bureau. Commissioner Jo Ann Hardesty has filed a notice advising the City of her intent to pursue a tort claim against the City. Commissioner’s Hardesty’s notice alleges that City employees wrongfully leaked false information to right wing media sources and the Oregonian accusing her of engaging in criminal “hit and run” on March 3, 2021. The tort claim notice alleges that City employees leaked the false information in violation of City policy and state law. Commissioner Hardesty alleges that the leaked false information was racially motived and designed to punish her for her longstanding and public opposition to race discrimination by the Portland Police Bureau against fellow citizens of Portland.

Commissioner Hardesty has been a champion for civil rights for years – and her advocacy for true police accountability has made her a target of criticism from employees of the Portland Police Bureau and the PPA. She is, for many within the Bureau and the PPA, Public Enemy No. 1. Yet, despite attempts to punish her for her advocacy and force her out of office in retribution for her tireless and effective advocacy, Commissioner Hardesty will not be silenced. In the spirit of transparency, accountability and justice, we look forward to her day in Court when she can tell her side of this story to a jury of her peers.

The need for strong, independent local journalismis more urgent than ever. Please support the city we love by joining Friends of Willamette Week.

08/04/2021

The need for strong, independent local journalismis more urgent than ever. Please support the city we love by joining Friends of Willamette Week.

10/19/2020

Multco friends. People keep asking me who to vote for in the election for Multnomah County Judge. For me, the answer is clear: Adrian Brown. Her entire career has been focused on advocating for the civil rights of Oregonians by way of “impact” cases; a kind of work that is specifically designed to effect societal change.

I first got to know Adrian about ten years ago co-plaintiff-ing fair housing cases. I was representing individuals with disabilities, and she was representing the United States under the Obama Administration in those cases. These were complex cases alleging, for example, that entire housing complexes were designed in a way that were inaccessible to people with disabilities. We brought these cases under a pattern and practice theory of discrimination and they resulted in structural changes to entire apartment complexes, as well as the creation of funds to compensate victims of discrimination. While she was an aggressive advocate for Oregonians with disabilities in those cases, the thing that really stuck with me was her empathy. Then, I watched with some admiration as she spearheaded the first class action against PPB to improve their policing practices, also based on a pattern and practice theory.

An additional thing that sticks out was a public forum I and others helped plan through the Civil Rights Section of the Bar. The topic was Race and Criminal Justice Reform in Multnomah County. Kevin Modica presented, as did Justice Nelson, Joanne Hardesty, and others. It was a good presentation, but it was poorly attended; a fact that really bothered me, at the time. However, Adrian was there and that meant a lot to me, personally. She shows up and just "gets it," even when a lot of Oregonians didn't and still don't.

The last thing that sticks in my mind is that a few years back, Shenoa L Payne and I got a nice result in a trial against the State of Oregon in a disability discrimination case against the Oregon Department of Corrections on behalf of a deaf inmate. Adrian, who had been following the case with interest for years, reached out to us to take us out for celebratory beverages – on her dime. But she didn’t stop there. She then met with us, and the State of Oregon, numerous times over the following years and together we completely re-vamped the way the Department of Corrections treats disabled inmates. Is the new system perfect? Of course not. But it’s a whole lot better than it was before.
People probably don’t know about any of this because her career has focused on change, not credit. But, those same traits are what will make her not a good judge, but great one. Her career has already made an impact. I look forward to seeing what her impact will be in a judicial role. While Oregonians would be lucky to have either candidate on the judiciary, Adrian is, for me, kind of a “once in a lifetime” candidate. Join me in voting for her.

01/23/2020

Vote for Adrian for judge!

Vote For Adrian L. Brown Meet Adrian Multnomah County Circuit Court Judge, Position 12  I Am Adrian L. BrownCOMMITMENT. COMPASSION. COMMUNITY. COURAGE. Judges play a key role in ensuring fairness for everyone involved in the justice system. A judge makes decisions that impact the life of every indi...

12/17/2019

Thanks to AARP and KATU for including me in this morning's AM Northwest show to discuss age discrimination in Oregon!

Three in five Oregonians over 40 report they have seen or been the victim of age discrimination in the workplace. Ruby Haughton-Pitts, State Director for AARP Oregon and Matthew Ellis, a Portland attorney, joined us to share what age discrimination involves and what you can do about it. For more inf...

12/11/2019

Came across this article this morning about race discrimination in the banking industry against employees and clients. It's a good read, though it's pretty disturbing.

One thing I found notable as one who prosecutes these kinds of cases is that the basis for the article was that employees had secretly recorded interactions at work with the employer about the racism, and clients had done the same. That - the secret recording of in person communications - is conduct that is unlawful under Oregon law. But should it be? Telephone conversations can already be secretly recorded by a party to the conversation in Oregon and now that every smartphone contains features to record conversations, do people have a diminished expectation of privacy in "in person" interactions? Should there be an exception to the "no secret recording" rule in these kinds of circumstances (i.e. if a party has a reasonable belief that discrimination is occurring) or in all circumstances?

A JPMorgan employee and a customer secretly recorded their conversations with bank employees.

12/03/2019

Overall chances of getting Substantial Evidence with BOLI? 2.8%. Chances in an age discrimination case? .54%.

Thanks to Matt Ellis and Quinn Kuranz for presenting "BOLI by the Numbers" to our employment section today!

11/08/2019

New employee. Though the situation is, quite literally, "under the table."

(I recognize that I should post work related pictures on my work facebook account but its Friday and I'm sure everyone would much prefer a puppy pic . . .)

10/02/2019

Long time no see! Just writing to report about a significant change in Oregon's discrimination laws.

First, there is now a 5 year statute of limitations to bring new claims for employment discrimination in Oregon. This is one of longest statute of limitations to bring such claims in the country. Regardless of this change, the best practice should always be to contact an attorney as soon as possible if you have such a claim since a) evidence and memories tend to dissipate over time; and b) the change does not impact the administrative exhaustion requirements to bring claims under federal law nor does it impact other related state law whistleblower claims. For example, many Oregon whistleblower claims, which are often brought along side these discrimination claims, remain a 1 year statute of limitations.

Second, the one part of this law that is not getting enough attention is that the law bans confidentiality, non-disparagement and no-rehire provisions in employment discrimination settlement agreements unless the employee requests for these provisions to be included in an agreement. It will be interesting to see what happens with this "opt in" provision over time.

During the 2019 Legislative Session, the Oregon AFL-CIO, and our allies fought for the Oregon Workplace Fairness Act (SB 726). Today a key portion of it takes effect: Victims of discrimination and harassment now have 5 years (instead of just one year) to report an incident in the workplace to BOLI or an attorney.

This puts Oregon in-line with our country’s best protections against workplace s*xual harassment and discrimination.

10/01/2018