WASHBURN v. COLUMBIA FOREST PRODUCTS, INC.

(CC 0012-12516; CA A116664; SC S52254).

134 P.3d 161 (2006)

340 Or. 469

Robert WASHBURN, Respondent on Review, v. COLUMBIA FOREST PRODUCTS, INC., Petitioner on Review.

Supreme Court of Oregon.

Decided May 4, 2006.


Attorney(s) appearing for the Case

Scott G. Seidman, of Tonkon Torp LLP, Portland, argued the cause for petitioner on review. With him on the briefs was Lynda J. Hartzell.

Philip M. Lebenbaum, Portland, argued the cause and filed the briefs for respondent on review.

Bruce L. Campbell, Louis B. Livingston, Alyssa E. Tormala, and J. Michael Porter, of Miller Nash LLP, Portland, filed briefs on behalf of amici curiae WinCo Foods, Inc.; Freightliner LLC; and CertainTeed Corporation.

Gregory W. Byrne, Portland, filed a brief on behalf of amici curiae Associated Oregon Industries, Inc.; Oregon-Columbia Chapter of the Associated General Contractors of America; Associated Oregon Loggers, Inc.; and the National Federation of Independent Business.

Craig A. Crispin, Scott N. Hunt, and Theodore E. Wenk, Portland, filed a brief on behalf of amici curiae Oregon Trial Lawyers Association and Oregon Advocacy Center.

William N. Later, Portland, and Leland R. Berger, Portland, filed a brief on behalf of amici curiae American Civil Liberties Union Foundation of Oregon; National Organization for the Reform of Marijuana Laws; and Americans for Safe Access.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, BALMER, and KISTLER, Justices.


DE MUNIZ, C.J.

This case involves the Oregon statutes that prohibit unlawful workplace discrimination against disabled persons, ORS 659A.112 to 659A.139. The issue before us is whether those provisions require an employer to make a disability-related accommodation for an employee who uses marijuana for medical purposes. Plaintiff, Robert Washburn, was an employee of Columbia Forest Products, Inc. (employer). He was also a medical marijuana recipient who regularly...

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