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Nakashima v. Oregon State Board of Education

Oregon Supreme Court (2008) | 185 P.3d 429; 344 Or. 497; 2008 Ore. LEXIS 279

3 min read

TL;DR: Oregon Supreme Court clarified the standard for "discriminatory in operation" under a state education anti-discrimination law, rejecting a *de minimis* burden test for policies adversely affecting religious observance in school activities, and remanding for application of a "reasonably necessary" standard.

Legal Significance: Establishes that Oregon's education anti-discrimination statute (ORS 659.850) incorporates the *Griggs v. Duke Power Co.* "business necessity" (adapted as "reasonably necessary") standard for disparate impact claims, not the Title VII religious accommodation/undue hardship framework.

If we desire respect for the law, we must first make the law respectable.

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