MATTER OF UNLAWFUL EMPLOYMENT PRACTICES, ETC.


570 P.2d 76 (1977)

280 Or. 163

In the matter of Unlawful Employment Practices Based Upon a Physical Handicap by Montgomery Ward and Company, Inc., an Illinois Corporation. Montgomery Ward and Company, Inc., Respondent, v. BUREAU OF LABOR, Petitioner.

Supreme Court of Oregon.

Decided October 18, 1977.


Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for petitioner. With him on the brief was Lee Johnson, then Atty. Gen., Salem. With him on the Petition for Review was James A. Redden, Atty. Gen., Salem.

Ridgway K. Foley, Portland, argued the cause for respondent. On the brief were Gregory W. Byrne and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Rudolph S. Westerband and Hollis K. McMilan, Portland, filed an amici curiae brief for The Governor's Committee on Employment of the Handicapped, et al., in support of position of petitioner.

Before DENECKE, C.J., and HOLMAN, HOWELL, BRYSON, LENT and LINDE, JJ.


HOLMAN, Justice.

This was a proceeding before the Commissioner of Labor under the Handicapped Persons' Civil Rights Act, ORS 659.400 et seq. The Commissioner held that Montgomery Ward was guilty of discrimination under the Act when it failed to hire a person because of physical disability. Montgomery Ward appealed to the Court of Appeals, which reversed the Commissioner. 28 Or.App. 747, 561 P.2d 637

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