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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49.60.040(11). That statute categorically exempts “any religious or sectarian

organization not organized for private profit” from WLAD’s definition of

“employer.” RCW 49.60.040 (11). In other words, the court ruled that WLAD

grants religious nonprofits a statutory privilege or immunity from WLAD liability

for employment discrimination. We granted review to determine whether this

statutory exemption is unconstitutional.

In my view, we should hold RCW 49.60.040(11) violates our state

constitutional privileges and immunities clause because it favors religious nonprofits

over all other employers without reasonable grounds for doing so. While both the

state and federal constitutions afford protections for religious freedom, those

protections extend to employers only in the narrow context of ministerial

employment and do not provide reasonable grounds for the categorical exemption

from WLAD liability. 1

1
As explained below, whether the ministerial exception applies to the facts here is
not before us on review but may be considered on remand. See generally Hosanna-Tabor
Evangelical Lutheran Church & Sch. v. Equal Emp’t Opportunity Comm’n., 565 U.S. 171,
188, 132 S. Ct. 694, 181 L. Ed. 2d 650 (2012) (holding that the First Amendment to the
United States Constitution’s religion clauses contain a ministerial exception that prevents
government from interfering with a religious group’s employment practices related to
ministerial or ecclesiastical offices); see also Our Lady of Guadalupe Sch. v. Morrissey-
Berru, ___ U.S. ___, 140 S. Ct. 2049, 2069, 207 L. Ed. 2d 870 (2020) (determining the
First Amendment’s ministerial exception precluded two parochial school teachers from
suing for alleged employment discrimination).