Legal Opinion
Oregon State Correctional Institution v. Bureau of Labor & Industries
Court of Appeals of Oregon
Decided September 27, 1989No. 19-84; CA A49649PublishedCited by 17 opinions
1Opinion of the CourtGraber, P. J.
Oregon State Correctional Institution (OSCI) seeks review of a final order of the Commissioner of the Bureau of Labor and Industries in which the Commissioner found that OSCI had committed an unlawful employment practice in violation of ORS 659.425 when it refused to hire Green as a correctional officer. The issues are whether the Commissioner correctly interpreted ORS 659.425(1)(c) and whether she properly required OSCI to prove its affirmative defense by clear and convincing evidence. We reverse and remand for reconsideration on both points.
Green applied to OSCI in 1983 for a position as a…
2Cases cited5 opinions
- E. E. Black, Ltd. v. MarshallDistrict Court, D. Hawaii · 1980
- Tudyman v. United AirlinesDistrict Court, C.D. California · 1984
- Quinn v. Southern Pacific Transportation Co.Court of Appeals of Oregon · 1985
- Metcalf v. Adult & Family Services DivisionCourt of Appeals of Oregon · 1983
- Melvin v. Kim's Restaurant, Inc.Oregon Supreme Court · 1989
3Cited by17 opinions
- Hardie v. Legacy Health SystemCourt of Appeals of Oregon · 2000
- Gimello v. Agency Rent-A-Car Systems, Inc.New Jersey Superior Court Appellate Division · 1991
- Winnett v. City of PortlandCourt of Appeals of Oregon · 1993
- Wheeler v. Marathon Printing, Inc.Court of Appeals of Oregon · 1998
- Sobel v. Board of PharmacyCourt of Appeals of Oregon · 1994
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