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MELTEBEKE v. BUREAU OF LABOR AND INDUSTRIES

BOLI 29-90; CA A68770; SC S40567.

903 P.2d 351 (1995)

322 Or. 132

James V. MELTEBEKE, Respondent on Review, v. BUREAU OF LABOR AND INDUSTRIES, State of Oregon, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided October 5, 1995.

Attorney(s) appearing for the Case

Richard D. Wasserman, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the petition were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Kelly E. Ford, Beaverton, argued the cause for respondent on review.

David K. Allen and Richard C. Busse, Salem, filed a brief on behalf of amicus curiae the American Civil Liberties Union Foundation of Oregon, Inc.

Doug Vande Griend and Jay R. Jackson, Salem, filed a brief on behalf of amicus curiae Western Center for Law and Religious Freedom.

FADELEY, Justice.

Petitioner, an employer, sought review of a revised final order of the Bureau of Labor and Industries (BOLI), which concluded that he had violated ORS 659.030(1)(b) by discriminating against an employee on the basis of religion. The Court of Appeals reversed, on the basis that petitioner had established an affirmative defense under Article I, sections 2 and 3, of the Oregon Constitution. Meltebeke v. Bureau of Labor and Industries,

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