Summary
The Washington Supreme Court considered whether the retroactive application of a 2007 amendment defining “disability” under the Washington Law Against Discrimination violated separation of powers by rejecting the court’s prior interpretation in McClarty v. Totem Electric. The court held that the legislature acted within its authority to amend the statute and that the retroactive amendment did not invade the judicial branch’s prerogatives. The court reversed the partial summary judgment and remanded for further proceedings, without deciding whether Hale was disabled under the amended definition.
Topics
Practice areas
Questions Presented
- Whether the legislature's retroactive amendment defining disability under the Washington Law Against Discrimination violated the separation-of-powers doctrine by rejecting the disability definition adopted in McClarty v. Totem Electric.
- Whether the retroactive amendment could apply to Hale's disability-accommodation claim.
Holdings
- The legislature's enactment and retroactive application of Substitute Senate Bill 5340, which amended RCW 49.60.040 to define disability, did not violate the separation-of-powers doctrine.
- The court did not determine whether Hale was actually disabled under the amended definition; that question was left for further proceedings in the trial court.
Key quotations
“The legislature has not threatened the independence or integrity or invaded the prerogatives of the judicial branch.” (at 510)
“We hold that the adoption of S.S.B. 5340 did not violate the separation of powers doctrine.” (at 510)
“We hold that the application of S.S.B. 5340 retroactively did not violate the separation of powers doctrine.” (at 510)
Factual background
John Hale worked for Wellpinit School District from February 2002 until March 20, 2003, providing student support services and classroom and software assistance. He alleged that abusive conduct by supervisors aggravated his generalized anxiety disorder and depression, and he notified school officials and the school board of the effect of the workplace conditions on his health. He sued under the WLAD, alleging that the district failed to accommodate his disability by failing to intervene and stop the conduct.
Procedural history
Hale sued Wellpinit School District in Stevens County Superior Court for negligent infliction of emotional distress, breach of contract, and disability discrimination under the WLAD. The superior court granted partial summary judgment to Wellpinit on the WLAD claim under the disability definition adopted in McClarty. After the legislature enacted a retroactive statutory definition of disability, the court denied reconsideration on the ground that the amendment violated separation of powers, certified the issue for immediate review, and the Washington Supreme Court accepted review under RAP 2.3(b).
Remand instructions
Reverse the trial court's ruling that the retroactive amendment violated separation of powers and remand for further proceedings consistent with the opinion, without deciding whether Hale was disabled under the amended statutory definition.