The Washington Supreme Court has significantly limited non-profit religious organizations’ immunity from employment discrimination claims brought under the Washington Law Against Discrimination (“WLAD”), RCW 49.60. In Ockletree v. Franciscan Health System, the majority held that the exemption of non-profit religious organizations from the definition of “employer” in the WLAD is unconstitutional as applied in circumstances outside the scope of the organizations’ religious purposes.

Larry Ockletree worked as a security guard for a non-profit religious organization, FHS. Following the termination of his employment, Ockletree raised claims of race and disability discrimination against his former employer. FHS moved to dismiss Ockletree’s WLAD claims, arguing that it is exempt from the WLAD’s definition of an “employer,” which expressly excludes “any religious or sectarian organization not organized for private profit.” RCW 49.60.040(11).

The United States District Court certified two questions to the Washington Supreme Court: (1) whether the WLAD’s exemption for non-profit religious organizations violates the privileges and immunities clause or the establishment clause of the Washington Constitution; and (2) if not, whether the exemption is unconstitutional as applied to an employee claiming that the religious non-profit organization discriminated against him for reasons unrelated to a religious purpose, practice or activity.Continue Reading Washington Supreme Court Holds That the WLAD Exemption for Non-Profit Religious Organizations is Unconstitutional as Applied to Certain Employees

After months of litigation, Al Franken has been declared the winner of the Senate race in Minnesota.  He will be the 60th Democrat in the Senate, which could enable the Democrats to override a filibuster in the Senate. 

So the question becomes where does Senator Franken stand on the Employee Free Choice Act (EFCA)?  Just as a reminder

Today’s New York Times is reporting that President-Elect Barack Obama will nominate California Representative Hilda Solis as his administration’s Secretary of Labor, the cabinet-level position that oversees the Department of Labor.

John Sweeney, head of the AFL-CIO (a coalition of labor unions) praised the appointment of Solis to the position.  And not without good reason: