At a Glance

• Oregon court clarifies that wage transparency statute’s protections extend beyond pay discussions with co-workers.
• Merely asking for a raise is protected activity under state law.
• Employers may lawfully deny a raise request but cannot retaliate against an employee for making the request.

In a clarification of Oregon’s wage transparency statute, the Oregon Court of Appeals has held that ORS 659A.355 protects an employee from retaliation for merely asking for a raise, even where no claim of pay inequity or class-based discrimination is alleged. In Mirkovic v. Tenasys Corp., 348 Or App 70 (2026), the court rejected a narrow reading of the statute and found that its protections extend beyond coworker wage discussions to include employee‑employer wage negotiations.

The decision reverses a trial court’s grant of summary judgment for the employer and provides important guidance for Oregon employers navigating compensation discussions with employees.

Background

The plaintiff worked as a software engineer for the defendant. In the spring of 2022, she requested both a promotion and a salary increase. After the employer offered her a new title and raise, the plaintiff emailed one of the company’s owners seeking an additional $5,000 increase and future consideration for a director-level role. The following Tuesday—just days after her follow-up email—the company terminated her employment.

The plaintiff sued under ORS 659A.355, alleging that the termination constituted...

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