Braun v. American International Health & Rehabilitation Services, Inc.

This employment discrimination case presents a question of law certified' to this court by the United States District Court for the District of Oregon. See generally ORS 28.200 to 28.255 (statutes governing certification). As discussed more fully below, we have reframed the certified question as follows:

“Is it an unlawful employment practice under ORS 659.425(l)(a) for an employer to discharge from employment an alcoholic employee whose present use of alcohol prevents her from performing the duties of her job, if that employee denies having any problem with alcohol?”

We conclude that the…