Montgomery Ward & Co. v. Bureau of Labor

*749SCHWAB, C. J.

Petitioner appeals from a decision of the Commissioner of the Bureau of Labor ruling that petitioner had unlawfully discriminated against the complainant, James Williams. This appeal involves construction of an Act of the 1973 legislature (Oregon Laws 1973, ch 660, p 1459) prohibiting discrimination against handicapped workers. ORS 659.400 et seq.

ORS 659.425(1) provides:

"It is an unlawful employment practice for any employer to refuse to hire * * * an individual [who] has a physical or mental handicap, unless it can be shown that the particular handicap prevents the performance…