Laura Bennett, Appellants v. J. Michael Hardy, Respondents

Summary

The Washington Supreme Court held that a private cause of action for age discrimination is implied under RCW 49.44.090, which makes age discrimination an unfair employment practice but provides no express remedy, and that RCW 49.60.040's definition of employer as one employing eight or more persons is confined to chapter 49.60 and does not bar that implied action or a public policy wrongful discharge claim by employees of smaller firms. The court adopted the Grimwood elements and burden framework for the statutory claim and held that plaintiff Bennett's alleged discharge in retaliation for opposing age discrimination by hiring legal counsel states a Thompson public policy tort claim. The trial court's summary judgment dismissal was reversed and the case remanded for trial. No separate opinions were filed.