9/19/25 Takeaways from Cooper v. Rust

September 19, 2025

By Ashley Korkeakoski-Sears & Carson Heideman

A recent Oregon appellate decision highlights the difficulty employers face when an employee requests disability leave or sick leave for a major surgery or health condition. In Cooper v. Rust, a new employee requested extended leave for medical treatment. After returning to work, the employee suffered complications and requested additional leave, but the employer pressured her to quit and ultimately terminated her employment.

The employee sued, alleging claims for sick leave retaliation, failure to engage in the interactive process, and disability discrimination. Although the trial court agreed with defendant-employer at the summary judgment stage, the Oregon Court of Appeals reversed the trial court’s decisions and returned the case for further proceedings.

Sick Time Retaliation

Under Oregon law, an employee can sue for sick time retaliation after making a request for sick time. In Cooper, the employee had run out of sick leave, and the employer argued she was precluded from making a claim for sick time retaliation. The Court of Appeals disagreed, concluding that a claim for sick time retaliation based on a request to use sick leave is viable even if the employee has no sick time remaining. Thus, the absence of available sick leave generally will not be a sufficient defense to a sick time retaliation claim.

Initiating the Interactive Process

When an employee requests an accommodation, the employer has a duty to participate in the interactive process. Importantly, an employee’s request for accommodation does not need to be formal, nor in writing. In Cooper, the Court of Appeals reiterated that the interactive process can be initiated by a simple conversation. 

After the plaintiff-employee’s initial surgery, she notified her employer that an additional surgery would be required that week. When the employer asked what she wanted to do in regard to her upcoming surgery, the employee replied, “I don’t know.” The employer argued that this was proof that she failed to request an accommodation or engage in the interactive process. However, the Court of Appeals concluded that the employee had initiated the interactive process and that the employer bore the burden of providing the employee with reasonable options.

 Important Takeaways

Employment situations involving the use of sick leave can create multiple areas of liability because of laws prohibiting retaliation for using sick leave and laws related to disability accommodations. If an employee requests sick time when they do not have leave available, employers should remain cautious about taking subsequent adverse actions against the employee. When an employee’s leave request could be related to a disability, employers should keep in mind that even informal requests can trigger their obligations to engage in the interactive process.

For questions regarding sick leave or disability accommodations, contact Ashley Korkeakoski-Sears at 503-276-2132 or asears@barran.com.