- Court: Oregon Supreme Court
- Area(s) of Law: Administrative Law
- Date Filed: 08-10-2017
- Case #: SC S064109
- Judge(s)/Court Below: Landau, J. for the Court; En Banc.
- Full Text Opinion
Multnomah County Sheriff's Office (the County) sought review of the Court of Appeals’ decision upholding the Bureau of Labor and Industries’ (BOLI) final order finding that the County failed to comply with the law, train its staff, and order it to pay a disabled veteran $50,000 in damages for his emotional distress. The County assigned error to BOLI’s conclusion that County failed to “devise and apply methods” for providing preference to claimant in violation of ORS 408.230(2)(c). On appeal, the County argued that it wasn't required to have a proscribed method for acknowledging an applicant's special consideration; it was adequate to give “some preference” to veteran-applicants. It conceded the stature did not require a “uniform method” for all hiring procedures, but argued that the County failed to merely provide a “stable and coherent method” for ensuring special considerations. Under ORS 408.230(2)(c), public employers are required “to formulate some sort of standard or regular procedure that the public employer develops in advance and then applies in a hiring process.” The Supreme Court held, that BOLI correctly determined that the county failed to comply with the statute because they County had not "create[d] a discernible plan for applying veterans’ preference rather than taking an ad hoc approach." Affirmed.