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A.L.P. INCORPORATED v. BOLI

(05-96; CA A96583)

984 P.2d 883 (1999)

161 Or. App. 417

A.L.P. INCORPORATED, dba A.L.P. Incorporated, a corporation of Idaho, dba Red-Eye Hut, Inc., and Allen Pieper, Petitioners, v. BUREAU OF LABOR AND INDUSTRIES and Theresa Getman, Respondents.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Saville W. Easley, Portland, argued the cause for petitioners. With her on the brief were Douglas G. Combs and Case & Dusterhoff, LLP.

Michael C. Livingston, Assistant Attorney General, argued the cause for respondent Bureau of Labor and Industries. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance for respondent Theresa Getman.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

Petitioners seek judicial review of a final order of the Commissioner of the Bureau of Labor and Industries (BOLI) requiring them to pay damages for discriminating against an employee on the basis of the employee's sex. They contend that the Commissioner's order should be reversed because (1) it contains findings that were not supported by substantial evidence; (2) it erroneously concludes that nonsexual physical abuse is actionable discrimination on...

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