In Griffin v. Eller , a legal secretary sued a sole practitioner for sexual harassment, claiming she was subject to sexually abusive comments and a hostile work environment. Her employer claimed he was exempt from liability under state discrimination law, because he employed fewer than eight employees. The Supreme Court held that the sole practitioner was exempt and that the exemption for small employers was constitutional. Even if your business is exempt from the state discrimination law, you should remember that many employees are protected by other legal remedies, including breach of contract, wage and hour laws, employment-related torts, and local city and county ordinances. To be safe, small employers, as well as larger ones, should assume that discriminatory conduct could expose them to liability.
Most employers know the Washington state discrimination law protects employees and job applicants.
The state Supreme Court, however, recently added a new twist to the law by holding that employers can be liable for discrimination against independent contractors as well as employees. In Marquis v. City of Spokane , a female golf professional for the city of Spokane claimed she was paid less and treated differently than male golf professionals. The city argued that Marquis could not sue for discrimination because she was an independent contractor, not an employee. The statute the court relied on in Marquis has no exemption for employers of less than eight persons. This means that small employers, as well as larger ones, may be liable for discrimination against independent contractors.