Wash. Supreme Court published opinion — 961328.pdf

Citation: Wash. Supreme Court published opinion — 961328.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/961328.pdf ↗

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objective in interpreting a statute is to ascertain and give effect to the legislature’s intent

as manifested by the statute’s language. See In re Marriage of Schneider, 173 Wn.2d

353, 363, 268 P.3d 215 (2011). This court also reviews summary judgment de novo.

Wash. Educ. Ass’n v. Dep’t of Ret. Sys., 181 Wn.2d 233, 241, 332 P.3d 439 (2014).

WLAD

“WLAD is a regulatory law enacted under the legislature’s police power to

promote the health, peace, safety, and general welfare of the people of Washington.”

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 96132-8

Ockletree v. Franciscan Health Sys., 179 Wn.2d 769, 773 n.2, 317 P.3d 1009 (2014)

(plurality opinion) (citing RCW 49.60.010). Enacted in 1949, WLAD was promulgated

with the “purpose of ending discrimination by employers ‘on the basis of race, creed,

color, or national origin.’” Id. at 773 (quoting Griffin v. Eller, 130 Wn.2d 58, 63, 922

P.2d 788 (1996)). The legislature has expanded WLAD to bar discrimination on the basis

of age, sex, sexual orientation, and disability, and to incorporate a private right of action

for employees and persons who use public accommodations. Id. (citing RCW

49.60.040).

As originally enacted, WLAD exempted from the definition of “employer” “any

religious, charitable, educational, social or fraternal association or corporation, not

organized for private profit.” LAWS OF 1949, ch. 183, § 3(b). 1 The legislature rewrote

WLAD’s definition of “employer” in 1957 to include secular nonprofit organizations,

exempting only small employers and religious nonprofits. LAWS OF 1957, ch. 37, § 4.

That definition is currently found in RCW 49.60.040(11), which provides, “‘Employer’