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EMERALD STEEL FABRICATORS, INC. v. BOLI

3004; A130422.

186 P.3d 300 (2008)

220 Or. App. 423

EMERALD STEEL FABRICATORS, INC., Petitioner, v. BUREAU OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Oregon.

Decided June 11, 2008.

Attorney(s) appearing for the Case

Terence J. Hammons, Eugene, argued the cause for petitioner. With him on the briefs was Hammons & Mills.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Paula A. Barran, Portland, Craig L. Leis, and Barran Liebman LLP filed the brief amicus curiae for Associated Oregon Industries.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Emerald Steel Fabricators, Inc. (employer) petitions for judicial review of a final order of the Bureau of Labor and Industries (BOLI) that found that, by discharging one of its employees (complainant) because of his medical marijuana use, employer failed to reasonably accommodate complainant's disability as required by Oregon statutes on unlawful discrimination against disabled persons, ORS 659A.110-659A.145. On review, employer asserts two assignments...

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