Brady v. Bureau of Labor & Industries

Petitioner, the prevailing party in Brady v. Bureau of Labor, 55 Or App 619, 639 P2d 673 (1982), seeks an award of attorney fees pursuant to the Oregon Administrative Procedures Act (APA).1 We deny the petition.

Our prior opinion in this case arose out of our review of an order entered by the Commissioner of the Bureau of Labor (Commissioner) against petitioner, finding that he was guilty of an unlawful employment practice in that he had refused on the basis of sex to hire a job applicant, Lehde, as a dental assistant. Pivotal to the Commissioner’s order was the fact that, while Lehde’s…