Legal Opinion

Black v. Employment Division

Oregon Supreme Court

Decided June 24, 1986No. EAB 84-AB-161; CA A31186; SC S32482PublishedCited by 15 opinions

1Opinion of the CourtJones, J.

This is a companion case to Smith v. Employment Division, 301 Or 209, 721 P2d 445 (1986). Claimant appealed an Employment Appeals Board (EAB) order denying unemployment compensation benefits. Claimant’s employer discharged him for ingesting peyote during a Native American Church ceremony.

The employer, Douglas County Council on Alcohol and Drug Abuse Prevention and Treatment (ADAPT), hired claimant as a resident assistant September 12, 1982. ADAPT’s policy is to suspend or discharge employes who abuse alcohol or other drugs because it considers its employes role models for persons they treat.…

2Cases cited4 opinions

  1. Thomas v. Review Board of the Indiana Employment Security DivisionSupreme Court of the United States · 1981
  2. People v. WoodyCalifornia Supreme Court · 1964
  3. Smith v. Employment DivisionOregon Supreme Court · 1986
  4. Black v. Employment DivisionCourt of Appeals of Oregon · 1985

3Cited by15 opinions

  1. Cooper v. Eugene School District No. 4JOregon Supreme Court · 1986
  2. Employment Division, Department of Human Resources v. SmithSupreme Court of the United States · 1988
  3. Glide Lumber Products Co. v. Employment DivisionCourt of Appeals of Oregon · 1987
  4. Smith v. Employment DivisionOregon Supreme Court · 1988
  5. Veneer v. Employment DivisionCourt of Appeals of Oregon · 1991

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