Sunday, October 23, 2011

Is Washington Anti-Discrimination Exemption for Religious Organizations Constitutional?

In Donelson v. Providence Health Services, 2011 U.S. Dist. LEXIS 119194 (ED WA, Oct. 14, 2011), a former employee of a Catholic sponsored skilled nursing facility sued claiming she was wrongfully terminated because of an injury. In response to plaintiff's claim under the Washington Law Against Discrimination, the nursing facility invoked the exemption in the statute for non-profit religious organizations.  Plaintiff argued that insofar as that statutory exemption allowed sectarian organizations to discriminate on grounds other than religion, it violates Sec. 11 of the Washington Constitution "because it grants religious organizations broad license to discriminate on grounds such as disability, gender, and race, thereby improperly favoring religion over non-religion." In response, the federal court asked to parties to file briefs on whether the federal court should certify the question to the Washington Supreme Court.