Schatz v. Department of Social & Health Services

¶47 (dissenting in part) — Although I join in the majority’s thoughtful disposition of the other issues in this appeal, I dissent from its determination that the plaintiffs do not have an implied right of action under Washington’s comparable worth statutes and could not recover even if they had such a right. Because I believe that such an implied right of action exists, I would remand this case to allow the trial court to determine whether the case law supplies a remedy for the violation of the comparable worth statutes.

I. Analysis

A. An implied right of action exists to enforce the comparable…