Civil Service Board of Portland v. Bureau of Labor & Industries

Petitioner, the prevailing party in Civil Serv. Bd of Portland v. Bureau of Labor, 61 Or App 70, 655 P2d 1080 (1982), rev allowed 294 Or 749 (1983), seeks an award of an attorney fee pursuant to ORS 183.497.1 We deny the petition.

The case involves judicial review of a final order of the Commissioner that struck down the Portland Fire Bureau’s age limit on hiring rookie firefighters as unlawful discrimination. Petitioner urged that the age limit was a bona fide occupational requirement (BFOR) for a hazardous, public-safety related occupation such as firefighting. We agreed, stating:

“The…