Today's Spokesman Review reports on an interesting employment discrimination case pending in Spokane County. The case involves two former employees of Huntwood Industries, described as "[o]ne of the Spokane area's largest manufacturers" with about 750 workers. The suit alleges religious discrimination and "marital status discrimination". Say what?
The main plaintiff claims she was fired because her employers, on the basis of their religious convictions, disapproved of the fact she was cohabitating with a boyfriend and not married. A scenario that should send chills up any HR manager's spine: boss's right to deeply held religious beliefs conflict with employee's right not to share them. This happens all the time. I blogged about a workplace religion dispute last month.
What's interesting here is that, while Washington law does forbid "marital status discrimination," the Washington State Human Rights Commission -- the agency charged with administering state discrimination laws -- investigated and concluded there was "not sufficient evidence that an unfair practice has occurred." This despite the report of a "smoking gun" document, a bizarre note from a supervisor stating plaintiff would be discharged "if not married by [the end of the year]."
This one reads like a final exam question for HR managers or employment lawyers. Bad facts make bad law, so let's hope this one gets resolved without making precedent.