Oregon Adopts Sutton Mitigating Measures Rule Under State Law

In an opinion issued last Thursday in Washburn v. Columbia Forest Products, Inc., the Supreme Court of Oregon held that under Oregon's disability discrimination law the question whether the plaintiff is a "disabled person" must take account of any measures s/he uses to mitigate the effects of an impairment. The court thus adopted the same rule adopted by the U.S. Supreme Court in Sutton v. United Air Lines.