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MONTGOMERY WARD & CO. v. BUREAU OF LABOR

561 P.2d 637 (1977)

28 Or.App. 747

IN THE MATTER OF THE UNLAWFUL EMPLOYMENT PRACTICES BASED UPON A PHYSICAL HANDICAP BY MONTGOMERY WARD AND COMPANY, Inc., an Illinois Corporation. Montgomery Ward and Company, Inc., Petitioner, v. BUREAU OF LABOR, Respondent.

Court of Appeals of Oregon.

Decided March 21, 1977.

Attorney(s) appearing for the Case

Gregory W. Byrne, Portland, argued the cause for petitioner. With him on the brief was Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

SCHWAB, Chief Judge.

Petitioner appeals from a decision of the Commissioner of the Bureau of Labor ruling that petitioner had unlawfully discriminated against the complainant, James Williams. This appeal involves construction of an Act of the 1973 legislature (Oregon Laws 1973, ch. 660, p. 1459) prohibiting discrimination against handicapped workers. ORS 659.400 et seq.

ORS 659.425(1) provides:

"It is an unlawful employment practice for any employer...

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