HOLIEN v. SEARS, ROEBUCK AND CO.

TC A7905-02100; CA A22566; SC S30513.

689 P.2d 1292 (1984)

298 Or. 76

Gale A. HOLIEN (Stewart), Respondent On Review, v. SEARS, ROEBUCK AND CO., a Foreign Corporation, Petitioner on review, and Paul Blasko, an Individual, Defendant-Respondent.

Supreme Court of Oregon, In Banc.

Decided October 23, 1984.


Attorney(s) appearing for the Case

Mildred J. Carmack, Portland, argued the cause for petitioner on review. With her on the petition and brief were Mark H. Wagner and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Timothy J. Vanagas, Gresham, argued the cause and filed the briefs for respondent on review. With him on the response to the petition was John J. Pefley, Gresham.

No appearance for defendant-respondent Paul Blasko.

Elden M. Rosenthal, of Rosenthal & Greene, P.C., Portland, filed a brief amicus curiae on behalf of the American Civil Liberties Union of Oregon.

Cynthia L. Barrett, of Fellows & McCarthy, Portland, filed a brief amicus curiae on behalf of the Oregon Women's Political Caucus.

Charles J. Merten, of Merten & Fink, Portland, filed a brief amicus curiae on behalf of the Oregon Trial Lawyers Association.

David W. Morthland, of Miller, Nash, Wiener, Hager & Carlsen, Portland, filed a brief amici curiae on behalf of Louisiana-Pacific Corporation; School District No. 1, Multnomah County, Oregon; U.S. Bancorp; and Willamette Industries, Inc.

Richard A. Braman, City Atty., Portland, filed a brief amicus curiae on behalf of the City of Portland.

Paula B. Weiss, of Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland, filed a brief amici curiae on behalf of Oregon Small Business Advocates; Oregon National Federation of Independent Business; Oregon Association of Hospitals; Oregon Bankers Association; Pacific Coast Association of Pulp and Paper Manufactures; Food Employers, Inc.; Oregon Retail Council; National Electrical Contractors Association; Portland Chamber of Commerce; Associated Oregon Industries; Tektronix, Inc.; Metropolitan Hospitals, Inc.; Northwest Natural Gas Company; Weyerhaeuser Company; Freightliner Corporation; Southern Pacific Transportation; Consolidated Metco, Inc.; Fleetwood Enterprises, Inc.; Consolidated Freightways; Fred Meyer, Inc.; and The Oregonian Publishing Company.

Henry H. Drummonds, of Kulongoski, Heid, Durham & Drummonds, Portland, filed a brief amici curiae on behalf of Oregon AFL-CIO and Oregon Education Association.

Larry K. Amburgey, David H. Wilson, Jr., and Amy Segel, of Bullard, Korshoj, Smith & Jernstedt, P.C., Portland, filed a brief amici curiae on behalf of Agripac, Inc.; AT & T Technologies, Inc.; Bingham Willamette Company; Champion International Corporation; Mid-Columbia Medical Center; Nike, Inc.; Northwest Packers Industrial Association; Omark Industries; The Oregon Bank; Oregon Savings and Loan League; Oregon Trucking Association; Pacific Fruit & Produce Co.; Pacific Northwest Tell Telephone Company; Pacific Western Bank; Pay Less Drug Stores Northwest, Inc.; Portland General Electric Company; Standard Insurance Company; Stayton Canning Company; Sun Studs, Inc.; Timber Operators Council, Inc.; Tradewell Stores, Inc.; United Grocers; and West Coast Grocery Company.


JONES, Justice.

In this case, plaintiff sued for damages for employment discrimination under ORS 659.030(1) and 659.121(1)), and also sought damages for the common law tort of wrongful discharge. Plaintiff appeals from a judgment for defendants. The trial court found no liability or damages under the statutory claim and granted defendant Sears, Roebuck and Co. (Sears) a summary judgment on the claim alleging common law wrongful...

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