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CITY OF PORTLAND v. BUREAU OF LABOR AND IND.

No. 29-78, CA A21748, SC 29961 and SC 29380.

690 P.2d 475 (1984)

298 Or. 104

CITY OF PORTLAND, a Municipal Corporation, Respondent On Review, v. BUREAU OF LABOR AND INDUSTRIES, Mary Wendy Roberts, Commissioner, and Phyllis J. Potter, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided October 30, 1984.

Attorney(s) appearing for the Case

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for petitioner on review Bureau of Labor and Industries. With him on the briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., William F. Gary, Sol. Gen., Virginia L. Linder, and Daryl Dodson Wilson, Asst. Attys. Gen., Salem.

Charles J. Merten, Portland, argued the cause for petitioner on review Phyllis J. Potter. With him on the briefs were Richard S. Yugler, James R. Appel, Karen L. Fink and Merten & Fink, Portland.

Richard A. Braman, Deputy City Atty., Portland, argued the cause and filed briefs for respondent on review.

LENT, Justice.

This case arises from a complaint by a female employe that her employer discriminated against her "in compensation" on the basis of her sex, i.e., her gender. Two separate statutory schemes are implicated, namely, the Equal Pay Act, ORS 652.210 to 652.230, and the Fair Employment Practices Act, ORS 659.010 to 659.110.

Phyllis J. Potter (Potter) filed with the Commissioner of the Bureau of Labor (Commissioner) a complaint that her employer...

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