Montgomery Ward & Co. v. Bureau of Labor

This was a proceeding before the Commissioner of Labor under the Handicapped Persons’ Civil Rights Act, ORS 659.400 et seq. The Commissioner held that Montgomery Ward was guilty of discrimination under the Act when it failed to hire a person because of physical disability. Montgomery Ward appealed to the Court of Appeals, which reversed the Commissioner. 28 Or App 747, 561 P2d 637 (1977). Because this is a case of first impression involving the construction of a recent legislative act,1 we allowed review.

One Williams, who was 52 years of age, applied to Montgomery Ward for a job as a heavy…