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Flug v. University Of Oregon11/1/2000
etween the two. Its argument focused only on whether there were triable issues of fact on plaintiff's claim that defendant had violated ORS 659.425 by discriminating against her because of a disability. That focus is too narrow, because a plaintiff can prevail on a retaliation claim by establishing that the defendant retaliated against her for opposing claimed discriminatory practices even if the practices were not, in fact, discriminatory. However, plaintiff did not argue to the trial court that the retaliation claim should be analyzed separately from the discrimination claim. She presented arguments that were directed solely to the existence of disputed issues of fact on the discrimination claim. In light of that focus, we conclude that she has not preserved her argument that the court erred in granting summary judgment to defendant on her retaliation claim independently of any claimed error in granting summary judgment on her discrimination claim. We therefore affirm the dismissal of the retaliation claim.
Affirmed.
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