Subscribe in a reader


Issaquah Law Group: Experienced Counsel; Client Focus

PHILOSOPHY: Formed in 2014, Issaquah Law Group is a law firm with one focus: providing businesses and insurers with high quality legal representation with the responsiveness of a smaller firm. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built upon clear and consistent communication. 

LITIGATION: We work closely with our clients to fully and accurately understand their goals, work collaboratively to formulate specific legal strategies, and execute the agreed plan of action utilizing methods most likely to result in the efficient and effective resolution of the matter. ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals in the areas of personal injury and wrongful death, product liability, commercial general liability, labor & employment, construction litigation, and catastrophic losses due to fire and explosion.

BUSINESS LAW: Rarely is the path from point A to point B a straight line, so our role in a business law practice is to find alternatives, devise workable strategies, and keep your business ideas, goals and objectives moving toward realization. ILG’s business attorneys help clients achieve their goals with respect to business formation, intellectual property, labor and employment, CAN-SPAM, copyright and trademark

COMMUNITY: In addition, the Lawyers at Issaquah Law Group remain active in the legal and civic community. A core commitment of our Issaquah Attorneys is community service. Our attorneys' civic involvement includes the King County Civil Rights Commission; the City of Issaquah Planning Policy Commission; the Northwest Screenwriters Guild, service as a pro tem judge. We live and work in the Pacific Northwest, and we aim to make it a better place.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Supreme Court - Safety Concern Transfer Based on Race Violates WLAD

Blackburn v. State

Very interesting case out of the Washington State Supreme Court. Several workers at Western State Hospital (think Washington's version of Arkham Asylum) were pulled off of care in a particular ward due to its housing a violent patient who had threatened a particular employee of color, and stated "he planned to 'f*** up an [n-word] working with him.'"

The workers were removed from the ward, and another employee with lighter skin placed on his care for the weekend. Once the patient presumably became a little more stable, care in the ward resumed as normal (which, knowing Western State, is a very subjective form of normal)The employees sued under the Washington Law Against Discrimination, alleging disparate treatment and a hostile work environment. The supreme court upheld the factual finding that this was not a policy of racial staffing, but rather a one-off. On its face, the staffing decision was based on race, and thus amounted to disparate treatment in violation of RCW 49.60.180(3). There are certain instances in which an employer can take protected instances into account, such as restrooms based on sex, but those did not apply here.

The Court noted that there may have been a bona fide occupational qualification defense. However, the State waived the defense. The defense would require a showing "(1) that the protected characteristic is essential to job purposes or (2) that all or substantially all persons with the disqualifying characteristic would be unable to efficiently perform the job." Here, that would require a pretty strong showing of a credible threat. Almost all agreed that the case manager was overreacting a bit to the threat, especially in an environment where patient assaults can be the norm and the staff, regardless of color, know how to deal with them. 

Regarding the hostile work environment claim, the claim requires pervasiveness in the workplace. The trial court found, and the supreme court agreed, that the single weekend was not severe and pervasive, especially considering the underlying circumstances.

So what does this mean? We do not really live in an age where overt discrimination happens often, but it does happen. I have seen customers my own youth request to be served by white employees (at a movie theater, no less). It can happen in any work environment. Some employers do kowtow to these customers and clients. As a matter of principal,  one would hope these customers would be turned away vocally. However, reassigning a worker based on race could also expose you to costly litigation, as well.

At the end of the day, the supreme court remanded the case on the disparate treatment claim for determination of damages and attorney fees.

If you find yourself faced with  an employment issue, please contact our Attorneys. We represent employers across Washington State and can help you navigate any issues that may arise.

Subscribe in a reader

Copyright 2014-2018 by Issaquah Law Group, PLLC. Powered by Squarespace. Background image by jakeliefer.